Is CBD Oil Legal? What’s The Current Legal Status?

An illustration of Legal process of CBD

Societies have used cannabis worldwide for millennia. Americans are now learning about cannabis and its chemical constituents on the human body. Cannabidiol (CBD) Oil a popular product derived from cannabis hemp plant, which has gained popularity due to its purported health advantages, but is CBD oil legal?

The United States’ connection with marijuana is complex. Cannabis — is still mostly illegal under federal law, but exceptions exist. Despite the federal ban on cannabis, CBD is federally legal as long as it derives from hemp plant and contain less than 0.3% THC. However most states in the United States have their own legislation. As a result, CBD oils exist in a legal gray area.

What is CBD Oil, and What’s its Purpose?

When looking for CBD’s Legality, you first need to know what CBD Oil is and what are its uses. CBD oil is a liquid that comprises CBD infused with a carrier oil, such as MCT oil or palm kernel oil derived from coconut. Raw hemp material that has been broken down from cannabis plants is used to extract CBD. Although there is a distinction between CBD oil and tinctures, most CBD oil tinctures include the same fundamental chemicals.

People are using CBD Oil for many ailments nowadays. They’re quite famous, most popular uses include:

  • Managing Pain
  • Lessening of anxiety and depression
  • Promoting sleep
  • Reducing inflammation
  • Reducing of cancer-related symptoms
  • Acne cure
  • Neuroprotective effects
  • Heart health
  • Antipsychotic effects
  • Boosting immune function
  • Protecting cognitive health
  • Promoting optimal skin health

The advantages of cannabinoids in the cannabis plant, particularly CBD, have proven harder to dismiss over time. Many scientific studies have been published, either emphasizing the benefits of CBD for a particular ailment or establishing its safety.


Is CBD Oil Legal?

CBD oil is only permitted in the United States if it comes from industrial hemp, which should contain less than 0.3 percent THC. Industrial hemp was also removed from the national Controlled Substances List as a Schedule I substance due to the 2018 Farm Bill.

Some CBD companies go even farther, purifying their hemp extracts to the point where they are almost THC-free. However, because 33 states have already legalized medicinal marijuana, Access to CBD oils derived from marijuana, which can have higher THC amount may need specialized identification or a doctor’s approval.

Although CBD oil with greater THC levels may have medical applications, the U.S. Food and Medicine Administration (FDA) has only authorized one type of CBD oil as a drug — Epidiolex. It was approved in 2018 and is only approved for two types of epileptic problems.

Is CBD oil legal, then? It all boils down to how state governments see CBD and its permitted applications in the end.

Hemp vs. Marijuana Legality

In terms of federal law, the legality of CBD oil is mostly determined by where the CBD comes from and how it is used. Thus it is critical to grasp certain cannabis principles with hemp and marijuana.


Most people hear the term “Cannabis” and think of the first kind of cannabis, marijuana. These are Cannabis sativa plants that generate moderate to high quantities of tetrahydrocannabinol (THC), the plant’s principal intoxicating component. The THC is what gets people high. Marijuana plants are classified as a Schedule I substance in the United States, putting them in the same category as heroin and fentanyl, two of America’s most deadly drugs.


Hemp is a Cannabis sativa kind with less than 0.3 percent THC by dry weight. This is the only categorization that a cannabis plant can have to be classified as hemp. It’s marijuana if one strain generates at least 0.4 percent THC. Hemp does not have the same legal restrictions as marijuana. It’s been allowed in the U.S. for a long time, but only after stringent licensing applications and clearance from U.S. officials.

Although industrial hemp and marijuana are members of the cannabis family, federal law treats them differently. According to federal authorities, industrial hemp is cannabis with less than 0.3 percent THC by weight. Marijuana is any cannabis with a THC content greater than 0.3 percent by weight. In the United States, CBD oil made from hemp is permitted. On a federal level, CBD oil produced from marijuana is illegal. State laws, on the other hand, are vastly different.

CBD Product Legality State-by-State

When the federal government in the United States modifies specific laws, the states can either accept the change or form their state legislature to dispute the laws. In the case of cannabis legislation, there is no clearer example of states utilizing their power to challenge federal laws.

Some states elected to recognize this modification once the farm bill was passed, enabling their residents to obtain hemp-derived CBD products. Others fought back, passing legislation making it illegal to possess non-psychoactive hemp plants.

Many of these states have since reversed in recent months. A current list of American states is shown below, separated into two categories: legal and conditionally legal states. We used to have a list of unlawful states, including North Dakota, Nebraska, Idaho, and Iowa, but their laws have subsequently changed to allow CBD to be used medicinally or as a health supplement over the counter. There are no longer any states that openly prohibit CBD usage.

The Legal States

These states fully implement the 2018 Farm Bill’s modifications, allowing you to purchase, acquire, and consume hemp-derived goods such as CBD oils and capsules. CBD is available at dispensaries, supermarkets, online, and occasionally even local petrol stations. CBD is legally found in these states with no limitations.

Most CBD businesses in the United States are based in these states, particularly those that updated their legislation ahead of the curve, such as Washington, Colorado, Oregon, and California.

Legal status:

  • Alaska
  • Colorado
  • Illinois
  • Maine
  • Michigan
  • Nevada
  • Oregon
  • Washington D.C.
  • Vermont
  • Washington

The Conditionally-Legal States

The purchase of hemp-derived goods is legal in these states. However, there are certain restrictions. To acquire cannabis products, including CBD, in certain places, such as North Dakota or Minnesota, you’ll need a doctor’s consent and a certified medical card.

CBD is legal and unlawful in other places, such as Michigan and Nebraska. These states’ legislatures have yet to iron out the intricacies of the new 2018 Farm Bill revisions, making it unlikely that CBD will be available anyplace other than online in these states.

These states are a legal grey area, and they’re more prevalent than you would imagine. Local governments often take a long time to adjust to developments at the federal level. You should anticipate hemp-derived CBD products to be more difficult to get by in all conditionally legal jurisdictions.

Conditionally-Legal States:

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


CBD is legal nowadays in all 50 states of the United States but to varying degrees. Most people may legally buy the supplement in stores, but it may be difficult to locate in some of the tougher states that need medical cards. It’s preferable to buy CBD products online and deliver them to your home, business, or P.O. box. We expect policy at the federal and state levels to change as more people seek access to this safe and effective supplement.

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