CBD Legality - Free Knowledge 2021
CBD LEGALITY - WHERE IS CBD OIL LEGAL?
Is CBD legal? First and foremost, yes, CBD is federally legal. However, some states in the US still consider CBD highly illegal, whilst others have certain legalized regulations around the sale and manufacturing of CBD products. It really depends on where you live, or for travel matters, where you’re headed.
CBD LEGALITY BY STATE
CBD has been legal at the federal level since 2018 (thanks 2018 Farm Bill). IF the CBD has been derived from the hemp plant, it’s considered legal - i n almost every state. Confusing? A little bit.
To help ease and clarify your CBD-legal-worried mind, we’ve created a state by state chart demonstrating the unlicensed CBD products and their regulations and legalizations below.
CBD LEGALITY - CANNABIDIOL (CBD OIL) Legal Status By State
STATE
CBD LEGAL?
RESTRICTIONS?
ALABAMA
Yes
No Restrictions
ALASKA
Yes
No CBD-infused beverage/food
ARIZONA
Yes
No CBD-infused beverage/food
ARKANSAS
Yes
No CBD-infused beverage/food
CBD LEGALITY
CALIFORNIA
Yes
No CBD-infused beverage/food
COLORADO
Yes
No cooked goods
CONNECTICUT
Yes
CBD-infused beverages/food must be registered with state
DELAWARE
Yes
Hemp must be affiliated with Delaware State University
FLORIDA
Yes
Label Regulation
GEORGIA
Yes
No CBD-infused beverage/food
HAWAII
Yes
No Restrictions
CBD LEGALITY
ILLINOIS
Yes
No Restrictions
INDIANA
Yes
Label Regulation
KANSAS
Yes
No CBD-infused beverage/food
KENTUCKY
Yes
CBD-infused tea prohibited
LOUISIANA
Yes
Product Restrictions
MAINE
Yes
CBD must be extracted by Maine hemp farmer
MARYLAND
Yes
Unclear
MASSACHUSETTS
Yes
Purity testing required for CBD-infused beverages/food
MICHIGAN
Yes
No CBD-infused beverage/food
MINNESOTA
Yes
No CBD-infused beverage/food
MISSISSIPPI
Yes
Minimum 20:1 CBD:THC ratio
MISSOURI
Yes
18+ only can purchase / State registration required for sales
MONTANA
Yes
No CBD-infused beverage/food
NEBRASKA
Yes
No CBD-infused beverage/food
NEVADA
Yes
CBD in cannabis stores only / No CBD-infused beverage/food
NEW HAMPSHIRE
Yes
TBD Regulations
NEW JERSEY
Yes
No Restrictions
NEW MEXICO
Yes
No Restrictions
NEW YORK
yes
No Restrictions
NORTH CAROLINA
Yes
No CBD-infused beverage/food
NORTH DAKOTA
Yes
No Restrictions
OHIO
Yes
No Restrictions
OKLAHOMA
Yes
No Restrictions
OREGON
Yes
TBD Regulations
PENNSYLVANIA
Yes
No CBD-infused beverage/food / TBD Label Regulations
RHODE ISLAND
Yes
TBD Label Regulations
SOUTH CAROLINA
Yes
No CBD-infused beverage/food
CBD LEGALITY
TENNESSEE
Yes
No Regulations
TEXAS
Yes
TBD Label Regulations
UTAH
Yes
Sale Registration Required
VERMONT
Yes
Cannot with infused with meat or dairy
VIRGINIA
Yes
No Restrictions
WASHINGTON
Yes
No CBD-infused beverage/food
WEST VIRGINIA
Yes
No Food/Beverage Restrictions
WISCONSIN
Yes
No Food/Beverage Restrictions
WYOMING
Yes
No Restrictions
IDAHO
No
Illegal
IOWA
No
Illegal
SOUTH DAKOTA
No
Illegal
CBD LEGALITY & STATE LAWS
Although CBD's acceptance has expanded and continues to grow, CBD legal states are still somewhat clouded because of the different laws in each state across the country.
As such, many people might choose to abstain from using CBD out of fear of doing something against the law.
Certain factors come into play that dictate whether or not CBD is legal, all of which depend on the specific state that it is bought and consumed in.
That being said, one crucial factor that is important in all states is whether the CBD is derived from the hemp or marijuana plant, as the two sources are very different.
More specifically, it is the THC content in CBD oils that essentially determines whether the product is legal or illegal.
CBD is illegal in these states:
Iowa, Idaho, South Dakota
CBD is legal in these states with no restrictions:
Alabama, Hawaii, Illinois, New Jersey, New Mexico, New York North Dakota, Ohio, Oklahoma, Tennessee, Virginia, Wyoming
CBD & FEDERAL LAWS
Though cannabidiol is not yet federally legal, the U.S. Food and Drug Administration (FDA) does recognize the potential for cannabis and its derived compounds, with the rising interest in its possibilities.
However, there are companies that produce cannabis and cannabis-derived products in avenues that violate the Drug and Cosmetic Act (FD&C Act), putting individual’s health and safety at risk.
As research continues to arise with support for cannabidiol as a safe, non-toxic cannabinoid, the FDA is slowly open to exploring the potential pathways for various types of CBD to be lawfully marketed.
CAN I FLY WITH CBD?
Yes, you can fly with CBD, if there is less than 0.3% THC present. This is important! The Transportation Security Administration (TSA) updated their medical marijuana guidelines recently and noted that hemp-derived CBD is legal to fly with (for the most part).
For instance, if you’re traveling with Nanocraft CBD Drops, which are 100% hemp-derived containing 0.0% - 0.3% THC, it should be permitted on a plane.
However, the TSA website does provide a disclaimer suggesting that the final decision rests with the TSA officer on whether or not they allow your cannabis products through checkpoint.
*DISCLAIMER: The information in this article is for educational purposes only. It does not exploit or provide medical advice of any kind. Therefore, any reliance you place on the information below is strictly at your own risk. Please check with your medical provider before starting or changing a CBD routine.
Kirsten Thornhill, MS Nanocraft Sciences Content Writer | Physiologist Human Performance Researcher Kirsten Thornhill was born and raised in a small farm town in Stanislaus County, California.
Kirsten graduated with a Bachelor of Arts in Exercise Science from CSU Stanislaus and her Master of Science degree in Exercise Physiology from Point Loma Nazarene University in San Diego, CA.
She is currently in pursuits of a PhD in Health Sciences: Human & Sport Performance at Rocky Mountain University of Health Professions in Northern Utah, specializing in Cardiology and Rehabilitation.
She is very passionate about human physiology and the metabolic and nutritional adaptations that occur during exercise in athletes.
Kirsten enjoys educating and informing people about the importance of lifetime movement, plant-based eating, and health research and development.
Her passion for natural, lifestyle medicine enables her to strive when promoting health and education.
Sources:
Abernethy A. FDA is committed to sound, science-based policy. U.S. Food and Drug Administration. 2019.
Medical Marijuana. Transportation Security Administration. https://www.tsa.gov/travel/security-screening/whatcanibring/items/medical-marijuana
By: Kirsten Thornhill
Title: Is CBD Illegal? (CBD Legality by State)
Sourced From: nanocraftcbd.com/blogs/post/is-cbd-illegal-cbd-legality-by-state
Published Date: Mon, 25 Jan 2021
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