CBD’s popularity has increased dramatically in recent times thanks to its potential benefits on the human system. Studies and anecdotal evidence have shown promising results of CBD to treat or alleviate a great number of conditions, including anxiety, pain, stress, glaucoma, anorexia, seizures, and nervous system diseases. Although scientific research is still in early stages, and more studies are needed to determine the true potential of the substance, many people swear by CBD’s capacities.
But, although CBD is a fairly safe substance, its relationship with the cannabis plant has placed it as a scheduled substance in some countries and some areas and states of the US. For this reason, if you are considering the use of CBD, it is very important that you know the current legal status of the substance where you live. So, keep reading below to know CBD legality status in the US at the time of this article (June 2019)
What Is CBD?
Before knowing if CBD is legal in your state of residence, it is important to say why CBD is subject to controversy. CBD or cannabidiol is a natural cannabinoid that is present on the Cannabis sativa plant, the same as the marihuana plant. But, although the substance derives from the cannabis plant, this doesn’t mean that it is illegal.
The cannabis plant has many ingredients, including CBD and THC (tetrahydrocannabinol). Both compounds hold different properties and effects. But, whilst THC has potent psychoactive properties, CBD doesn’t have any. In fact, typically, CBD is extracted from hemp (a strain of the cannabis plant) or from cannabis that has been grown specially to contain high levels of CBD and little to no levels of THC. Typically, the CBD products that you can see in the market have no THC or very little concentrations of less than 0.3%, which is the legal maximum permitted.
On the other hand, whilst THC is illegal in most places, this is not the case with CBD. The substance remains legal in many parts of the US however its legal status is still unclear in many areas.
CBD Legality in the US
As of today, there are many states where CBD remains legal, so you can safely buy it and use it without breaking any laws. But there are places where the substance is still a problem, so you shouldn’t use it or travel with it to those areas.
First of all, you need to understand the difference between cannabis-derived CBD and hemp-derived CBD. Since hemp is a legal plant, all CBD derived from hemp is legal, and you shouldn’t have any problems buying or use this type of CBD. This is thanks to the 2018 Farm Bill, which legalized hemp at a federal level. However, since cannabis is prohibited in many areas, cannabis-derived CBD can be a problem, even if the substance is not banned itself.
So, let’s see below the current CBD legality in the US.
States Where CBD is Totally Legal
As of 2019 various states have approved the use of both hemp and marihuana as medicinal and recreational substances. For this reason, using CBD in these states is totally safe and you won’t be breaking any laws by using it. These states are:
- Washington D.C
If you live in any of these states or plan to travel to them, you won’t have any problems with your CBD products.
States Where CBD Legality Remains Unclear
In addition to the above, there are states where CBD legality remains unclear. So, CBD is legal for medicinal use under certain circumstances in the following states:
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Rhode Island
- South Carolina
- West Virginia
However, make sure that you follow the regulations of your state before using or purchasing any CBD derived products. Typically, you’ll need a medical marihuana card (a special permit) to use CBD in these states.
States Where CBD Remains Illegal
Finally, the states where you must avoid buying or using CBD due to legal reasons are:
- South Dakota
Finally, consider that, since CBD is subject to controversy, the above situation can change at any moment. So, if you are planning to buy CBD or to travel with it, you should do your due diligence and research whether or not the substance is legal in the place to avoid any problems.