Is CBD Oil Illegal?

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Cannabidiol (CBD) is known to naturally treat numerous chronic conditions, which is why the demand for the substance has increased. Because CBD has been proven effective for treating certain medical conditions, it is becoming legal in more states across the country.

However, the legality of CBD can be confusing for some because each state has different laws and legislations regarding the substance. Unfortunately, many individuals who could benefit from CBD avoid it because they are unsure about its legality.

Is CBD Oil Legal?
CBD that is derived from hemp is legal in all 50 states, but CBD that is derived from marijuana isn’t. Hemp and marijuana both come from the plant known as Cannabis Sativa. When a farmer grows and harvests this plant, he or she will either focus on the development of the flower, or the seeds, leaves, and stalks. The flower is known as marijuana and can have a amount of tetrahydrocannabinol (THC). THC is the most commonly found cannabinoid in marijuana. The ingredient is known to produce psychoactive effects. In addition, it is one of the most potent parts of the plant in terms of medical benefits.

In order to market CBD oil as being derived from hemp, it must have less that 0.3 percent of TCH. CBD oil that is derived from hemp doesn’t produce the psychoactive effects as seen with THC, which is why it is completely legal in all 50 states. The 2014 Farm Bill is often used to validate that hemp-derived CBD is legal. However, it is more complex when it comes to CBD oil that was derived from marijuana.

In some states, CBD oil that is derived from marijuana is completely legal, and it is still totally illegal in a handful of states. There are CBD-specific laws that each state has in place to determine the legality of marijuana.

Where is Marijuana-Derived CBD Oil Legal?
As of this year, CBD that is derived from hemp and marijuana is legal for recreational and medicinal use in eight states:

  • Oregon
  • Washington
  • Nevada
  • Massachusetts
  • Maine
  • Colorado
  • California
  • Alaska

Where is CBD Oil Legal for Medicinal Use?
The laws in each state vary about the amount of THC in CBD oil and medical conditions that make it legal, and individuals must also obtain a prescription from a medical doctor for CBD in these states. Here are the states that have legalized marijuana-derived CBD for medical use:

  • Alabama
  • Florida
  • Georgia
  • Indiana
  • Iowa
  • Kentucky
  • Mississippi
  • Missouri
  • North Carolina
  • Oklahoma
  • South Carolina
  • Tennessee
  • Texas
  • Utah
  • Virginia
  • Wisconsin
  • Wyoming

The following states have fully legalized all CBD products for medical use, which means there are not any specific legislations in these states:

  • Arizona
  • Arkansas
  • Connecticut
  • Delaware
  • Hawaii
  • Illinois
  • Maine
  • Maryland
  • New Hampshire
  • Michigan
  • Minnesota
  • Montana
  • New Hampshire
  • New Mexico
  • New York
  • North Dakota
  • Ohio
  • Pennsylvania
  • Rhode Island
  • Vermont
  • West Virginia

There are four states where CBD that is derived from marijuana is completely illegal. These states include South Dakota, Nebraska, Kansas, and Idaho. Although there are still businesses in these states that sell CBD products, they are all derived from hemp.

As scientific evidence continues to prove that CBD oil derived from marijuana is a valid treatment for certain medical conditions, such as seizures, more individuals are open to its potential. In fact, many individuals use it for rheumatoid arthritis, chronic pain, and the side effects that arise after chemotherapy treatments. The FDA recently approved marijuana-derived CBD for the treatment of Dravet syndrome.

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