Is CBD Oil Legal?

Short answer: Hemp-derived CBD is legal as long as it is produced with less than 0.3% of THC content.

Have you recently noticed how CBD is everywhere you look now? CBD is showing up all over your social media feeds, your friends and acquaintances are always talking about how much they love it, and even your mom has asked you about it and what it does.

You might be wondering what the fuss is all about, and more importantly — is CBD oil legal? And if they’re legal in the state you live in, does that mean cannabis products are legal wherever you go?

Because of it has been frequently associated with marijuana, CBD has taken a confusing and often time, contradictory history of legality in the United States. On top of this, most people mistakenly think that CBD and THC share many of the same psychoactive effects.

The information below will clear up some of that haziness with the latest answers to most asked questions about whether CBD oil is legal all over the country and break down the effects of CBD in general.

Where we are now in terms of CBD legality.

Cannabidiol, better known by it’s acronym, CBD, is a compound made from cannabis plants. The cannabis plant has been illegal federally since 1937. Ever since cannabis has been illegal – so has CBD, even though it has no psychoactive effects.

That changed in 2018.

In late 2018, President Donald Trump signed the AI (Agricultural Improvement) Act of 2018, also knows as the 2018 farm bill. There was a section in this act that included removing hemp from being a controlled substance. Now, keep in mind, marijuana and hemp are both cannabis plants.

The real difference is that federally, the government sees any form of cannabis with less than 0.3% of THC (the intoxicating compound), to be classified as hemp, and therefore legal.

Where is CBD Oil Legal?

Marijuana plants and hemp plants are both classified as cannabis, and both can naturally produce a vast amount of CBD.

Most manufacturers prefer to use industrial hemp instead of marijuana, one reason is that it’s cheaper to buy in mass quantities from a certified organic farm, but mostly it’s because hemp produces much less THC than marijuana, and therefore costs of extracting and seperating the THC from CBD is less. In the end, this produces a preferred product since it contains less than the legal requirement of illegal and psychoactive cannabinoid content.

Since they are members of the same genus of plants, they share many qualities, including how they look. At the chemical level though, the two plants have a large difference in the amount of Tetrahydrocannabinol (THC) , psychoactive compound in cannabis, that they produce.

Since hemp is specified by it’s production of nearly non-existant amounts of THC (less than 0.3%), marijuana can create a large amount of THC (up to 35%). Because of this content of THC, marijuana may produce strong psychoactive effects when it is taken and it is federally illegal in the United States and a number of other countries.

On the other hand, hemp-derived CBD is legal as long as it is produced and extracted within the regulations defined by the law, more specifically, with less than 0.3% of THC.

Is CBD Oil Legal If It’s Derived From Hemp?

A common confusion about the Farm Bill of 2018 is that it made CBD legal regardless of where it was derived from, hemp or marijuana. This is NOT true.

If hemp derived CBD holds fast to the following regulations set forth by the laws of the new farm bill, it is legal federally and is removed as a Schedule I substance:

  • The hemp that the CBD is derived from contains less than 0.3% of THC content
  • The hemp must allow follow regulations shared by the state it is in
  • It must be grown by a licensed and certified grower

On top of this, the 2018 Farm Bill also removed regulations and restrictions on selling, transporting, and having in possession of hemp-derived CBD products and made it permissible to transport hemp-derived CBD products across state lines as long as the CBD products adhere to the laws and regulations mentioned above.

Is CBD Oil Legal If It’s Derived From Marijuana?

Since CBD derived from hemp is legal federally as long as it follows the laws, CBD derived from marijuana is a bit more complex because it comes from a type of cannabis plant that is illegal (marijuana).

In states that marijuana is legal for recreational use however, however, then of course marijuana-derived CBD is legal as well. This applies to California and also Colorado, as well as any other states where maijuana becomes legal for recreational use. Other states give permission to use marijuana-derived CBD under special conditions, like a specific medical use, and some states outright ban any marijuana-derived CBD. So when it comes to the question “Is CBD oil legal?” and it’s marijuana-derived, then the answer is definitely no in most cases.

Can I get in trouble for using CBD Oil?

CBD has been misunderstood and labeled as an illegal substance since it has a strong connection to cannabis, specifically marijuana. The DEA confirmed that legally grown hemp is not covered by the Controlled Substances Act and hence, it is legal.

Some law enforcement officials in various areas are still unaware of this fact. Some are even less aware of the difference between hemp and marijuana. That stands to good reason given how very similar they look and smell.

While most CBD products like oil, gummies, and cbd vape juice are in liquid and edible form and aren’t visually similar to marijuana, some people, regardless of their governmental authority, might mistake hemp flower as marijuana and might question it’s legality.

Which States Is CBD Oil Legal in 2019?

Check out the list of US states and cities below for more information on whether cbd oil is legal in that particular area:

Alabama Indiana Nebraska Rhode Island
Alaska Iowa Nevada South Carolina
Arizona Kansas New Hampshire South Dakota
Arkansas Kentucky New Jersey Tennessee
California Louisiana New Mexico Texas
Colorado Maine New York Utah
Connecticut Maryland North Carolina Vermont
Delaware Massachusetts North Dakota Virginia
Florida Michigan Ohio Washington
Georgia Minnesota Oklahoma West Virginia
Hawaii Mississippi Oregon Wisconsin
Idaho Missouri Pennsylvania Wyoming
Illinois Montana


Is CBD Legal In All States?

Yes, and no. Federally, CBD is legal nationwide. As long as it is extracted from hemp and contains less than the legal limit (0.3%) of THC. State laws are different when it comes to CBD that is extracted by different means. If it comes from marijuana, then the laws apply to it. If it is hemp-based and doesn’t contain any THC, then you can be safe to assume that it is definitely legal.

Even some states which have very strict marijuana laws, such as Texas and Louisiana, have a laxed their laws in regards to CBD products, even marijuana-derived products.

What about my state? Is CBD Oil Legal Here?

Check the table above and click on the state you live in, you’ll find more information on whether it’s regulated and the different types of cbd oil, gummies, vape juice, etc. that is available in your state. Make sure you’re buying from a reputable vendor.


Is CBD Oil Legal Federally?

Federal law is pretty straightfoward now due to the 2018  farm bill. Federal authorities are no longer interested in going after people for growing hemp, extracting CBD, or being in possession of either.

Although you may hear some stories of authorities confiscating hemp and hemp derived products, this is a result of being uninformed of current laws and the products are almost always given back.

The 2018 farm bill also removed hemp and it’s hemp derivatives from being defined as “marijuana” in the CSA (Controlled Substances Act). This means marijuana and hemp are classified as seperate plants and while one is legal, the other isn’t. This all goes back to how much THC content each plant produces.

Is CBD Oil Legal?…The Conclusion

It’s safe to say that CBD has come a long way in terms of it’s legal status and is legal in all states.

To know “Is CBD Oil Legal?” in your area, just make sure you’re using hemp-based CBD and not marijuana-based to make sure there is no THC left over in your final product. Make sure you’re buying from a legit source and that the source is CO2 extracting their CBD from hemp plants and not marijuana plants. This guarantees the lowest amount, if not any illegal cannabinoids in their finished product.

When it comes to regular products like vape juice, gummies, oils, and rubs, you can feel safe to know that these products don’t necessarily bring suspicion when used compared to CBD hemp-flower or CBD-infused hemp cigarettes.