Hemp has been legalized in all American states, thanks to the 2014 Farm Bill. However, there is still some confusion about CBD oil and its legal status in the American States. We decided to work hand in hand with well-read attorneys who had a broad knowledge of the different state laws to shed more light on the issue.
Here is what we found.
The source of the CBD determines if it’s legal or not
Some states have legalized marijuana, some haven’t. However, all the states have legalized hemp. This is because hemp contains about 0.3% THC while marijuana contains a greater percentage of the compound.
So, if your CBD is from hemp, it is legal in every state. However, a CBD product from marijuana will only be legal in a state where the latter is legalized.
To make CBD products with marijuana, the excess THC will have to be extracted to be in agreement with the legally stipulated limits. With hemp, the reverse is always the case. You have a direct high CBD, low THC product with hemp.
Is CBD illegal anywhere in America?
That’s a NO. The Farm Bill of 2018 work to that effect and it means that CBD isn’t illegal anywhere in the United States.
However, this CBD legalization bill is relatively new and as such may not have gained grounds in every American state. We are optimistic all that will change.
According to the pre-2018 Farm Bill practices, we have classified the country’s CBD tolerance or acceptance into 4 jurisdictional groups.
These groups include states with concern, grey area states, friendly and friendliest states.
States with concern
The states in this group have no clear laws that prohibit the sales of hemp-gotten CBD products. However, their recent laws place risk on anyone who chooses to sell the product.
States in this group include Wyoming, Connecticut, Nevada, Arizona, California, Nebraska, Michigan, Ohio, West Virginia, and South Dakota.
Grey area states
In the grey area states, there are laid down rules prohibiting the retailing of hemp-derived CBD products. However, there is an allowance within the law allowing the retail of hemp-derived CBD products to be retailed, according to the federal law.
Some of these grey area states include Minnesota, Maine, Louisiana, Arkansas, Idaho, Florida, Delaware, Georgia, Texas, Mississippi, Virginia, Pennsylvania, New Jersey, Washington, and Massachusetts.
The friendly states
In the jurisdiction of the friendly states, industrial hemp can be grown as long as it is in line with the Farm Bill terms as it relates to the Agricultural pilot program. When all these positions are met, then industrial hemp can never be seen as marijuana.
The states where this is possible are Kansas, Oklahoma, New Mexico, District of Columbia, New Mexico, North Dakota, and Hawaii.
The Friendliest States
In the friendliest states jurisdictions, there is explicit law allowing the retailing of hemp-derived CBD products.
These laws are present in States like Kentucky, Indiana, Illinois, Alaska, Maryland, Missouri, Colorado, Rhode Island, North Carolina, South Carolina, Wisconsin, Utah, Vermont, Tennessee, and Oregon.
Finally, what is the legal status of CBD in 2019?
If that question is to find out if CBD is legalized as at 2019 then yes it is. In every state in America, it is legal to retail CBD when it is hemp-derived. If it is marijuana-derived, then there will be issues as the federal government hasn’t legalized that.
According to government classification, any cannabis plant with a THC content of 0.3% or less is considered hemp.
On the other hand, any cannabis plant with greater than 0.3% THC content is considered as marijuana.
All you need to do is understand what your state stance on CBD purchase and its usage is. Worry less about the federal law as it is already certain. But as you know, the state law cannot be preempted by the federal law.
Remember those days (almost a hundred years) after the repeal of the prohibition of alcohol use and sales? When most American states forbade alcohol sales even when the federal government had permitted it?
Some states continue to view marijuana-derived CBD to be of same properties as marijuana itself; however, citizens of America can use hemp-derived CBD products anywhere in the country.
We are counting on the 2018 Farm Bill going through the congress right now to clear all the mix up between marijuana and hemp.
To continue to learn more and be updated with the federal and state governments moves concerning CBD, be sure to read the CBD textbook