Is CBD Legal? States Where It Is Legal

The short answer is yes; CBD is most likely legal in your state. In recent years, there has been huge progress when it comes to the legalization of cannabis and its derived products. In this article, we’re going to answer the question “Is CBD Legal?” in great detail. Let’s look at the difference between marijuana and CBD, their legal aspects, and discuss the 2018 Farm Bill. If you’re interested in learning the legalities of CBD, then don’t go anywhere. Read on to learn more!

The Legal Aspect of CBD & The Differences

The legal aspect of CBD has been a hot contention for most of its history. However, not all CBD products are considered illegal to use and distribute. A lot of CBD products are actually currently legal in most states but under very specific conditions.

Even though the legal status of CBD products has become less vague due to recently passed reforms, some of the laws are still quite unclear. This factor combined with plenty of misinformation spreading online and offline, numerous people are confused on which is legal and which isn’t.

In this section, we’re going to outline the differences between Hemp-derived CBD and Marijuana-derived CBD. Hemp and Marijuana can be used to produce various CBD produces. Both of these have different properties and legal statuses.

Hemp-Derived CBD

One of the types of CBD products is Hemp derived. These CBD products are legal as long as it meets the regulations defined by the state and federal laws. Hemp and marijuana are very similar in many properties and inexperienced CBD consumers can understandably confuse the two.

However, at the chemical level, both hemp and marijuana have plenty of differences. The main feature of hemp is that they produce almost zero levels of THC, around less than 0.3%. This is why hemp-derived CBD products are legal in the majority of states. THC is the compound that gives marijuana its psychoactive properties.

President Trump passed the Agricultural Improvement Act in 2018 (also known as the 2018 Farm Bill). This law removed hemp’s status as a Schedule 1 substance due to containing low levels of THC. It is now classified as an agricultural commodity. Here are the regulations that must be followed for hemp-derived CBD products to be approved for sale and consumption;

  • The hemp must contain less than 0.3% THC
  • It must be grown by licensed growers.
  • The hemp must follow all shared state-federal regulations.

Marijuana Derived CBD

On the other hand, we have CBD products derived from marijuana. The legal status of CBD products derived from marijuana is quite complicated. This is because it comes from an illegal plant.

The THC content of marijuana-derived CBD can vary widely. There are marijuana strains that are specifically bred to contain high amounts of THC while others contain less than the 0.3% limit. Some marijuana strains even have THC levels as high as their CBD content.

This is the reason why marijuana-derived CBD products aren’t legal in most states. Most of the marijuana-derived CBD products are only legal under very specific conditions such as treating a medical ailment.

Even though the marijuana plant has been legalized in 10 states for recreational and medical use, it is still a federal offense to sell, use, possess, and transport marijuana.

Is CBD Legal

States Where Cannabidiols Are Legal

In this section, we’re going to look at the various states where Cannabidiols are considered legal to sell, use, and transport. Even though 36 states have legalized medical marijuana, the following states haven’t. Instead, these states consider Cannabidiol extract (CBD) to be legal. The CBD is usually in oil form and must have little to no THC levels, no more than 0.3%.

The CBD in these states is usually used for the treatment of seizures and epilepsy in children. CBD, especially extracted from hemp, has very little to no psychoactive properties; making it safe for child consumption.

List of States

  • Alabama
  • Georgia
  • Indiana
  • Idaho
  • Iowa
  • Kansas
  • Kentucky
  • North Carolina
  • Oklahoma
  • South Carolina
  • Tennessee
  • Texas
  • Wisconsin
  • Wyoming

About The 2018 Farm Bill

Officially known as the Agricultural Improvement Act of 2018, the 2018 Farm Bill is an $867 billion package that was signed by President Trump into law on December 20, 2018.

The goal of the 2018 Farm Bill was to restore and enhance measures in the agricultural industry. These measures include better supply management to avoid overproduction and enforce fair pricing policies.

One of the main programs of the 2018 Farm Bill is the Farm and Ranch Stress Assistance Network. Farmers all over the country have been experiencing rising levels of mental health concerns and stress during their hard work. The 2018 Farm Bill makes much-needed improvements on the previous 2014 Farm Bill. This includes upgrading the program’s funding to $10 million every year until 2023.

The main feature of the 2018 Farm Bill we’re happy about is its removal of hemp as a Scheduled 1 substance. Before the passing of the 2018 Farm Bill, both marijuana and hemp were treated as the same, despite the foundational difference between the two.

With hemp being considered as a legal plant on a federal level, the production and consumption of CBD products derived from hemp have skyrocketed; launching a striving industry. Not only has legalizing hemp improved various economies, but research on its medicinal benefits has also risen. This has made acquiring treatment for rare epilepsy diseases in children a lot easier.

Overall, the 2018 Farm Bill has provided plenty of support not only to the hemp industry, but to the farmers, ranchers, and forest managers of the country.

Why CBD And Its Legal Status Has Become Such a Hot Topic?

The legal status of CBD has become a very hot topic because of the 2018 Farm Bill, legalizing the cultivation of hemp. With this, the production of CBD has exploded and thus gained more attention from the public.

The general public’s opinion on CBD products is fairly divisive. Some people claim that CBD has provided plenty of benefits both recreational and medicinal. While others still view anything related to CBD as a life-altering drug. They believe that CBD cream and CBD edibles are nothing but highly addicting substances that can “poison the youth”.

This is pretty far from the actual truth. Because hemp has just recently been legalized, there is much research to be done on its health benefits. However, there have been small-scale studies done and the results are very optimistic.


To conclude, CBD products are most likely legal in your state. There are plenty of cannabis shops opening all over the country, breathing life into a new industry. We hope that this article has helped you gain the knowledge you need and answer your burning questions about CBD.

As CBD enthusiasts, we advise that you only get the best full-spectrum CBD oils and products from trusted and well-known brands. Don’t accept any CBD product from strangers and people you don’t trust. Stay safe out there.

About the author

Katherine is a real inspiration when it comes to CBD. She has a way with words, and all his articles are enticing. Katherine has built herself a network of readers that benefit from her writing. Her studies at the University of Chicago imparted her with in-depth knowledge in herbal and biological sciences that has been a milestone to her when she is writing about the CBD. Get time content about CBD and read about what you need to know before buying CBD products. Katherine spends her leisure time doing an online campaign about CBD products. He engages his Facebook friends in a severe CBD discussion which helps in creating awareness about the products.

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