Is CBD Legal in All 50 States?

Contrary to popular belief, CBD is not legal in all 50 states, even if it comes from hemp. This is because all states have their own controlled substance laws (CSA), which generally reflect the federal CSA. Easily discover what and how medical marijuana can help you or a member of your family. Get involved in cannabis research so that, together, we can increase access to cannabis.

The Idaho Hemp Plan will be created in consultation with the governor, the director of the Idaho State Police and the Idaho agriculture industry. The measure requires that the total THC content of the plant, including THC-A, be equal to or less than 0.3%, and hemp transporters must submit to law enforcement records and allow peace officers to “randomly select reasonably sized samples that do not exceed 20 grams for THC compliance testing”. Most CBD products on sale are made from industrial hemp, making them legal in all 50 states as long as you can prove that your CBD oil has less than 0.3% THC. However, the law is still murky and open to different interpretations.

The position of the federal government is that it is illegal to add CBD to foods or use it as a dietary supplement for trade between interstate lines. In order for CBD to be legal, it must be derived from hemp, which is a variety of cannabis with less than 0.3% THC per dry mass. States with limited access to the full range of CBD products include Iowa, Kansas, Mississippi, and North Carolina. The legalization of hemp was long overdue and was only the beginning of a complex process.

In short, CBD is federally legal in the United States as long as it comes from hemp and contains no more than 0.3%. Hemp is legally defined as a cannabis plant or part of the cannabis plant that has a THC concentration “not exceeding 0.3 percent by dry weight”. Thanks to its ubiquity, many advocates and publications claim that CBD is “legal” in all 50 US states. However, it is possible to obtain CBD products through the medical cannabis programs of some states, depending on the specific rules and regulations of each state.

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