Is CBD Oil Legal?

** DISCLAIMER: the following is not legal advice. Consult a lawyer and the laws in your state before buying or selling CBD products. **


The legality depends on the source of the CBD.

Both marijuana and hemp are members of the cannabis family making them similar in many ways. The government classifies hemp as any plant 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.

CBD vaping juice“Marijuana” cannabis plants have a low percentage of CBD than hemp plants. That’s why most CBD products use CBD from hemp not marijuana. Because marijuana has higher concentration of THC, it’s not an ideal choice for producing CBD products. Using marijuana plants would require extracting some of the THC to make CBD within the legal limits.

Hemp cannabis plant have a high amount of CBD and low THC, making them the most efficient plant for CBD processing.

So the bottom line here is, if your CBD comes from hemp, it is legal.1 CBD made from “marijuana” with high levels of THC, is only legal if your state legalized marijuana.

Where is CBD illegal?

Thanks to the passing of the 2018 Farm Bill, zero THC CBD is not illegal in any state in the USA. That’s right; according to federal law, it is legal in all 50 states. That said, since the change in law is relatively new, some states might not fully embrace CBD. This should change with the new bill, however, it may take time. Below we outline four different jurisdictional categories based on pre-2018 Farm Bill practices.

  • Yes, it is legal to purchase and consume hemp-derived-CBD in all 50 states.
  • Marijuana derived CBD is not legal federally.
  • The government classifies hemp as any plant 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.
  • You need to check your specific state for any restrictions

For more information and to check out the Marijuana Legislative US Map, read the following article.

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