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How Old Do You Have to Be to Buy CBD Oil?

Unless you’ve been living in a cave, you probably know that the booming popularity of CBD products has created a host of opportunities for both users and producers of industrial hemp. Those opportunities, though, have also led to a lot of confusion about many of the CBD products like who can purchase CBD, and at what age. One of the biggest questions is related to both the legal and medical aspects of CBD usage—specifically, how old do you have to be to buy CBD?

Let’s break this topic down into an easy to understand format that addresses the laws surrounding how old you need to be to purchase CBD products, like CBD oils and CBD topicals.


Most state require you to be 18 years of age or older to legally purchase CBD products. A select few require the minimum age to be 21.

What follows is a quick, but thorough, look at the legal and medical issues to help you sort things out if you have an interest in buying and using hemp derived CBD products.

Laws Around Age and Cannabidiol, or CBD

The first strange legal area you’ll encounter when buying CBD products is that each state has their own laws surrounding both industrial hemp production and hemp derived CBD products.

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Specifically, most states have a minimum legal age requirement of 18 to buy and use CBD products, while others specify 21 as the minimum age.

Related article: CBD Laws Explained, By State

Keep in mind, there’s no federal law to support this requirement on CBD oil.

As you can imagine, this has produced all sorts of problems in states in which CBD legalization and rollouts have been controversial.

How Old Do You Have to Be to Buy Hemp Derived CBD?

On the surface, the answer to this question is simple, although it does vary from state to state. Depending on where you live and what the mindset is regarding CBD products, you have to be 18, but some states mandate the age of 21 as the minimum age for buyers.


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That answer to that question is more complicated, and it has to do with the benefits of CBD. In those states and areas where the attitude toward CBD is negative and/or the age restrictions are higher, the concern is really about THC (tetrahydrocannabinol), not CBD.

THC is the part of the cannabis plant that allows users to get “high.”

Industrial Hemp vs. Marijuana

Most people do not know that both industrial hemp and marijuana make up the species of cannabis plants.

Cannabis Species Chart

While marijuana derived CBD products are a heavily controlled substance, hemp derived CBD extracts are legal and normally have a CBD age limit requirement of 18.

This is because marijuana products can have massive amounts of THC (in excess of 30% or more). Industrial hemp CBD products, according to federal law, must have a THC content of 0.3% or less to remain legal.

CBD age restrictions exist solely because of the associated amounts of THC in a CBD product, even though CBD oils will have no where near enough THC to get anyone even remotely high.

There simply isn’t anywhere near enough THC to do much of anything to you in a hemp plant.

What Makes CBD Legal to Purchase?

This concern has led to some interesting hairsplitting when it comes to how CBD products are classified. Plants with 0.3 percent or less THC are classified as “hemp,” and the industrial farming of hemp is legal across the board, based on a federal laws that were passed in 2018.

This law is known as the Farm Bill of 2018, or the Agricultural Improvement Act they are the same piece of legislation. This law legalized hemp and hemp derived CBD products.

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The interesting thing is, this law put not CBD age limit requirements into place into its’ CBD laws. The age to buy CBD has been made up by each individual state.

Products with a larger percentage of THC are legally known as marijuana, which has a long and checkered history as a “drug.”

CBD oil is the product that provides a number of benefits having to do with relaxation, reducing inflammation, dealing with chronic pain and many other areas that are still being explored.

Related article: Broad Spectrum and Full Spectrum CBD Extracts Explained

There are many people in the CBD industry who believe that there should be fewer age restrictions on who can buy CBD oils and use CBD products.

After all, age restrictions are usually placed on items that give off intoxicating effects, or items that are bad for your health.

Legal Cbd Products For Sale

CBD oil doesn’t do either of things things. Should buying CBD edibles really require a law on purchasing CBD at a certain age? I certainly think not.

Check out the New Phase Blends CBD laws guide to find specific state laws, and what they say in regards to buying CBD derived from hemp, and other CBD forms.

This will simplify things considerably for you, as far as the state by state laws of CBD sales are concerned.

That said, there’s another side to CBD legality that has to be reviewed to thoroughly cover the age restrictions on CBD.

The Food and Drug Administration and medical side of things are actually interesting.

The Medical Side of CBD Products

While it might seem strange, there is actually a way that children under the age of 18 can use CBD.

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There’s the obvious way, which is to have someone over the age of 18 buy it for them. It’s common for parents to purchase CBD for their kids, since their kids aren’t of legal age to buy CBD.

The other way revolves around seeking a prescription for CBD oil.

CBD can be an effective component in the treatment of things like seizures, autism, ADHD and other similar issues in children. The more healthcare practitioners learn about the health benefits of CBD, the more they will prescribe it.

The one specific drug with CBD that has been approved for use in children is Epidiolex, which is used to treat seizures for certain types in people that suffer from forms epilepsy.

The Food and Drug Administration has passed a law that this drug can be prescribed to any child over the age of one, as long as it is prescribed by a doctor, and purchased by the parents of the child under the age of 18.

Beyond that, there are ongoing studies being conducted around the world about whether CBD can be used effectively to treat all sorts of issues in children.

As more time passes, the results of these studies will be published, and hopefully, we can be more open about the sale of CBD as a nation.

This represents a whole new frontier in the possible use of CBD products not only for those under the legal age to buy CBD, but people of all ages.

Summary | At What Age is CBD Oil Legal to Buy?

A vast majority of states allow the purchase of CBD oil that comes from hemp as long as you are 18 years of age, or older.

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To be safe, look up your state’s legal minimum age requirements for CBD users, and use that as your baseline guide, especially if you’re in that gray area between 18 and 21.

The way we see it here at New Phase Blends, is if you’re going to use something that has an age restriction associated with it, you should probably fully understand that laws around that substance.

Also, keep in mind that a CBD product is considered legal as long as there is 0.3 THC percentage, or less, in the CBD product. This is a law at the federal level. Make sure you double check this before you buy CBD.

If you’re younger than 18, wait until you’re of age, but if you’re over 21, feel free to experience the relief that things like CBD gummies, full spectrum CBD, or other federally legal CBD oil products can bring. You might be extremely surprised at the results.

About the Author

Dale Hewett Author

Dale Hewett

Dale is the owner and founder of New Phase Blends. He discovered his passion for CBD use after suffering from injuries sustained while on Active Duty in the US Army. His number one priority is introducing the same CBD products that he himself uses for relief to others who can benefit from them.

Dale holds a Master Degree of Science, and is the inventor of the popular, patent-pending CBD-based sleep aid known as ‘Sleep.’

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