The legality of CBD has remained one of the hottest topics in the world of hemp-based products. People who ask about the legality of CBD are highly interested in knowing what the law permits in terms of possession, use and administration of CBD.
This is because the laws guiding the use of CBD differ from one state to another.
For instance, although CBD is legal in the United States at the federal level, there are a select few states that frown at possessing or using these products for any reason.
This is why it is always important to understand your state laws, in addition to the federal guidelines, when it comes to CBD use.
CBD is Federally Legal in the US
The 2018 Farm Bill is one of the greatest turnarounds in the cannabis industry. This bill is also known as the Agricultural Improvement Act (2018). The Farm Bill removed hemp-derived CBD from the list of banned substances. That means CBD is federally legal for medical and recreational usage, with one catch:
- the CBD must come from hemp and must not contain more than 0.3% THC
THC is the psychoactive member of the cannabinoid family. It is responsible for causing people to feel ‘high’ after using marijuana. The law forbids the use of CBD from cannabis or marijuana, because they contain an unusually high percentage of THC. The percentage of THC in marijuana is typically at least 15%, and can go up to 80%.
The cannabis or hemp plant is home to over 473 chemicals classified as cannabinoids, terpenes, complex sugars and more.
Out of this vast number, about 132 chemicals have been identified as cannabinoids.
Cannabinoids are plant-based chemicals extracted from the cannabis plant. They possess similar configurations with the endocannabinoids, making them able to interact with cannabinoid receptors. These receptors (CB1 and CB2) can be found in the brain, peripheral organs, and immune system.
Where is CBD Legal?
Since the laws guiding the use, possession and sales of CBD products vary from one state to the next, we’ll look into which states CBD laws are either strange, or don’t permit the possession or use of CBD.
*As a side note, CBD is already legal in several parts of the world including: Croatia, Colombia, Canada, Bermuda, Australia, Argentina, Brazil, Netherlands, Lebanon, Jamaica, Macedonia, Portugal, Malawi, Sri Lanka, Thailand, Uruguay and the United States.
Let’s go ahead and divide the states up into three categories:
Green states are CBD friendly. Gray states have somewhat strange laws regarding CBD. Finally, Red states do not allow CBD.
The Green States
This refers to regions where marijuana is completely legal. These states have little to no law prohibiting the purchase, sales, use and distribution of CBD products.
States under this category include: Alaska, Arizona, Colorado, California, Montana, Michigan, Oregon, Nevada, Vermont, Massachusetts, Illinois, South Dakota and Washington. The green states have legalized the use of CBD for recreational and medical purposes.
The Gray States
This includes states where the use of CBD is still somewhat vague. It is common to find state laws clashing with federal laws in these locations. All members of gray CBD states allow the purchase CBD for medicinal purposes only. Some regions may even demand that you present your medical marijuana card before they will sell to you.
The gray CBD states include: Washington, Virginia, Pennsylvania, Arkansas, Delaware, and Nebraska.
The Red States
This refers to states where the use of CBD is not legal. Possessing and using CBD in these regions may result in legal violations. Here is a list of the red states: Indiana, Kansas, Kentucky, Mississippi, North Carolina, South Carolina, South Dakota, Tennessee, and Texas.
Legal CBD and the FDA’s Involvement (or lack of)
Several research findings and customer reviews have attested to the power of CBD. A wide range of therapeutic benefits, including those relating to antioxidant, antimicrobial, anticancer, antidepressant, antitumor, anti-inflammatory, anxiolytic, anti-seizure and analgesic agents exist.
However, these claims are yet to be confirmed by the FDA. This is why the FDA forbids making direct medical claims on how CBD can treat any disease or condition.
The next challenge that has greatly affected the legalization of CBD by the FDA is dosage determination. Research has shown that CBD has no recommended daily intake as individuals can take as much as possible without getting high.
The FDA is yet to release any information regarding the CBD’s interaction with our bodies. That being said, let’s take a look at a study by the FDA in the summer of 2020. In this study, they compare several CBD brands’ labels to the actual CBD content in those products.
They found errors in roughly 21% of all products. That means 21% of the CBD products either had no, or a very little amount of CBD. Some say this study is a necessary step to endorsing CBD use. Hopefully, this is the case. We will see…
The long-term effects of exposing CBD to the body is basically unknown. Until we have more time to conduct long-term studies, we can’t say for sure if CBD is safe for the body or not. Research, so far, shows that CBD is not liver toxic and is safe for consumption.
Is CBD Legal? | Conclusion
As you can see, just because CBD is legal federally doesn’t mean it is legal at the state level. This is confusing – I get it. For this reason, New Phase Blends has an entire blog section for reviewing all 50 states and their CBD policies. Click here to search for your state.
Remember to thoroughly research a CBD company before buying from them. The FDA reported that 21% of all CBD products were did not have the correct amount of CBD, according to the label. Look for reviews, scannable QR codes, and contact numbers on websites. If you can easily get them on the phone, chances are you are safe to purchase.
We get probably 10-20 phone calls per week from CBD scam victims. It is quite sad to see people taking advantage of other people, just to be part of the CBD boom.
At New Phase Blends, we guarantee all products via a money-back guarantee. If you don’t like the product, return it for your money back. It’s that easy!