Are you wondering if CBD oil is legal in your state? Are you looking for an answer to this question?
CBD oil is becoming more and more popular due to its health benefits. You will often see this at health stores and you will also find hundreds of positive reviews online recommending this to ease different health condition including seizures, Alzheimer’s Disease, diabetes, pain, inflammation, and more.
Many are still confused about the legality of CBD oil. In fact, I often hear the question “Is CBD oil legal?” This article aims to discuss in details the different concerns regarding this issue.
- 1 Is CBD Oil Legal in All 50 States?
- 2 What States Is CBD Oil Legal
- 3 Conclusion
Is CBD Oil Legal in All 50 States?
According to the 2014 Farm Bill, hemp is legal in all 50 states. So hemp-derived CBD is legal in all 50 states, but “marijuana-derived” CBD is not legal federally.
Still confused? Okay, I’ll explain this in details to make it clearer.
CBD oil can be derived from marijuana or hemp. Both are members of the cannabis family that contains less than 0.3% THC. It classifies “marijuana” as any plant of the cannabis family that contains greater than 0.3% THC.
“Marijuana” cannabis plants have a low percentage of CBD compared to hemp plants, that is why most CBD products use CBD from hemp and not marijuana. Also, marijuana has a higher concentration of THC, so it’s not an ideal choice for producing CBD products. If the manufacturer uses this, it requires extracting some of the THC to make CBD within the legal limits.
On the other hand, hemp cannabis plant has a high amount of CBD and low THC making it the most efficient plant for CBD processing. The bottom line is — if your CBD comes from hemp, it is legal, but if it’s made from “marijuana” with high THC levels, then it depends if your state legalizes marijuana.
What States Is CBD Oil Legal
With varying laws across the country, it’s understandable why many aren’t sure whether CBD oil is legal in their state or not.
Green States: Fully Legalized Cannabis & Related Products
The list of states below allows medicinal and recreational use of cannabis. You can easily and legally purchase CBD oil within these states as long as you meet the minimum age requirements.
- Washington D.C.
Amber States: Cannabis & Related Products Okay Under Certain Conditions
The following states allow the purchase and consumption of all cannabis products (including CBD oil) for medical use only. To purchase oil in these states, you may need to have a medical marijuana card or a prescription from your doctor.
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Dakota
- Rhode Island
- West Virginia
Amber-Red States: Only CBD Products Okay Under Certain Conditions
Alabama. Under Leni’s Law, CBD is only accessible to those suffering from a severe and chronic medical condition that causes seizures. The only other way to lawfully use CBD would be to participate in state-sponsored clinical trials.
Georgia. CBD oil is only accessible via prescription to patients suffering from a range of specific degenerative or debilitating conditions. The THC content must be no higher than 5%.
On April 17, 2019, Gov. Brian Kemp signed a bill permitting in-state production/sale of marijuana oil and allowing growing licenses for up to six private companies effective July 1, 2019.
The Georgia Department of Public Health issues Low THC Registry Cards to qualifying patients with one of the 16 conditions: cancer, ALS, seizure disorders, multiple sclerosis, Crohn’s disease, mitochondrial disease, Parkinson’s disease, sickle cell disease, Tourette’s syndrome, autism spectrum disorder, when (a) patient is 18 years of age or more, epidermolysis bullosa, Alzheimer’s disease, AIDS, peripheral neuropathy, hospice program patients, intractable pain, and PTSD.
Indiana. In 2018, Gov. Eric Holcomb signed a measure legalizing low-THC cannabinoid oil in Indiana. This allows anyone to buy, sell, and possess CBD oil as long as it contains no more than 0.3 percent THC.
Iowa. CBD oil is medically available from dispensary for those suffering from certain medical conditions like cancer, epilepsy and ALS.
Kansas. CBD oil is expected from criminal laws regarding cannabis as long as its THC content is 0%.
Kentucky. CBD oil consumption is allowed if THC content is under 0.3%, prescribed by a licensed physical or used in a state-sponsored clinical trial.
Mississippi. CBD oil is allowed for patients with epilepsy under the supervision of a licensed physician. The CBD content should be at least 15% and the THC content is not higher than 0.5%.
North Carolina. CBD oil from hemp extract is legal for those suffering from severe epilepsy.
South Carolina. Just like North Carolina, CBD oil is only legal for those suffering from debilitating epilepsy like Dravet Syndrome and THC should not take up more than 0.9% of the oil.
Tennessee. CBD hemp oil extracted from hemp and not marijuana is legal. However, CBD oil is only available on prescription tot hose with epilepsy but must not contain more than 0.9% THC.
Texas. CBD is legal and accessible for those with intractable epilepsy provided that CBD content is at least 10% and THC content is lower than 0.5%
On April 24, 2014, House Bill 1325 in Texas passed the bill which allows the farmers to grow industrial hemp and the Texans to purchase hemp-derived CBD products with low levels of THC.
Virginia. CBD oil is legal when prescribed by a licensed physician for treating certain conditions and diseases, but the content should have at least 15% CBD and no more than 5% THC.
Wisconsin. CBD oil is considered a legal treatment for any diagnosed medical condition by a licensed doctor as long as the patient has an unexpired certification from their physician stating that CBD is being used for medication.
Wyoming. CBD oil is only legal for epilepsy patients whose conditions has not responded well to prior treatments options. The patient’s neurologist is required to submit a referral to the Department of Health at which point a hemp-derived CBD oil containing not more than 0.3% THC may be prescribed.
Red States: All cannabis products illegal
The following states are very strict when it comes marijuana that even CBD oil remain illegal. So, if you are living here or is going to these states, then you should not take any of your CBD oil possessions.
- South Dakota
The majority of the states in the United States have already acknowledged the wonders CBD oil can offer to our health by making it legal for medical purposes. In several states, you can easily purchase this, but in more states, you can only buy this under certain conditions, which is still good because they allow the medical use of CBD oil.
Sad to say, there are still three states that deemed CBD oil illegal – Nebraska, South Dakota and Idaho. Hopefully, they won’t be too far behind with the legalization of CBD oil as there are already hundreds if not thousands of stories supporting CBD oil benefits to our health and wellness.