Thanks to the 2018 farm bill, hemp derived cannabinoids, including CBD, are legal on a Federal level. However, there is a lot of subtlety to this law, and the situation is not so clear-cut. In fact, whenever the federal government chooses not to legislate on a specific issue, the right falls to each state to determine their own laws. So while CBD may be legal on a federal level, the answer of whether it is legal really depends on which state you are in.
States that Prohibit CBD
Only Nebraska and Idaho ban CBD in all forms, including CBD coming from hemp. For others, the CBD becomes more complex depending on whether it derives from hemp or cannabis. 33 states have conditional legality laws on record, and the laws vary from state to state. For some, it is only possible to buy cannabis derived CBD with a medical card from a licensed facility. For others, the limits only apply to certain products, like edibles or oils compared to flowers available for sale.
Primary Reasons for State’s Limiting of CBD
According to the Farm Bill, CBD products can only be sold if they contain less than .3 percent THC by volume, even if it is hemp derived. For some states, this is not a clear enough distinction, and have passed laws to prohibit all forms of THC. Other states have chosen to pass
laws until more research and regulation can be passed to better protect consumers. At this time, only one product has been approved by the FDA, a drug called Epidiolex used to treat epileptic seizures. Without FDA approval, some states feel it is better to wait for data confirming that CBD consumption will have no negative effects on consumers. Until the federal government develops more concrete legislation, it is likely that CBD legalization will remain an evolving issue.
1. Hemp Production and the 2018 Farm Bill. (2019b, July 25). U.S. Food And Drug Administration. https://www.fda.gov/news-events/congressional-testimony/hemp-production-and-2018-farm-bill-07252019
2. Nebraska Marijuana Legalization Initiative (2022). (n.d.). Ballotpedia. https://ballotpedia.org/Nebraska_Marijuana_Legalization_Initiative_(2022)
3. Idaho, A. (2020, April 2). Cannabidiol (CBD). Office of Drug Policy. https://odp.idaho.gov/cannibidiol/
4. Laurence, E. (2022, June 7). Your Guide To CBD Legalization By State. Forbes Health. https://www.forbes.com/health/body/cbd-legalization-by-state/
5. Office of the Commissioner. (2021, January 22). FDA Regulation of Cannabis and Cannabis-Derived Products, Including Cannabidiol (CBD). U.S. Food And Drug