Is CBD Legal in My State?
What is CBD made from?
Before we can tell you if cannabidiol (CBD) is legal, you first need to know what CBD is made from. CBD is naturally found in the plant family called cannabis. Within the cannabis family there are two subsets of plants in which CBD is extracted: hemp and marijuana. CBD products are most commonly made from hemp plants because it contains very low amounts of THC, the psychoactive properties found in cannabis plants.
Is CBD legal on a Federal level?
In December 2018, CBD products derived from hemp plants were made legal on the Federal level in the U.S. This change was made in the Agriculture Improvement Act, also known as the 2018 Farm Bill. This Act removed hemp from the controlled substance list and made hemp separate from marijuana. Meaning hemp and hemp products are no longer considered a “drug” and no longer controlled by the Drug Enforcement Administration.
Hemp is now under the federal jurisdiction of the United States Department of Agriculture and the Food and Drug Administration. The USDA now recognizes hemp as a standard agricultural commodity, just like corn, cotton and wheat. The FDA continues to have regulation and authority over food products and medications containing hemp and hemp-derived CBD. Even though CBD is legal on a federal level, it does not mean that is legal in all 50 states.
This Act also gave states the ability to regulate hemp and hemp products on a local level, as long as the USDA approves these regulations and laws. This means that the legality of CBD products varies by state; many states have legalized CBD products while in others it remains illegal or strictly regulated. Sadly, CBD laws and regulations are not as black and white as we would have hoped.
What is the legal age to purchase and use CBD?
Unlike alcohol, there is no legal age in which hemp-derived CBD products can be used or consumed. The legal age for purchasing CBD products varies by vendor and state. The minimum age requirement for online stores range between 18 to 21 years of age to purchase CBD products. CBD sold in smoke shops or dispensaries require customers to be 21 years or older or have a medical card. Some CBD products sold in stores, however, often have no age restriction. CBD products are not recommended for minors, unless prescribed by a doctor.
CBD Laws by State
State laws regarding CBD can be categorized into five groups: legal, legal with restrictions, legal medicinally, legal with very strict restrictions and illegal.*
Legal- All federal federal and state licensed cannabis products, including hemp-derived CBD, can be produced, sold and used medicinally and recreationally:
Legal with restrictions- All federal and state licensed CBD products derived from industrial hemp, with THC levels of no more than 0.3%, can be legally produced, sold and used in these states:
- New Jersey
- New York
- North Carolina
- North Dakota
- South Carolina
- West Virginia
- Wisconsin - Under the hemp pilot program
Legal medicinally: Hemp-derived CBD products are only legal for medicinal purposes (either with a prescription or a medical marijuana card) in these states:
- New Mexico
- New Hampshire
- Rhode Island
Legal with very strict restrictions: CBD products are legal to produce, sell and use as long as the product contains zero traces of THC.
Illegal: It is illegal to produce, sell, use or possess any industrial hemp CBD products. The only exception to this law is if it is in the prescribed drug Epidiolex used for epilepsy.
- South Dakota
* Disclaimer: The legal landscape around CBD is unclear and changing rapidly both at the Federal and State level. Federally, the 2018 Farm bill legalized industrial hemp and its derivatives, including CBD; however, the bill gives States the ability to have more restrictive legislation.
At the State and local level, while CBD has been declared legal in a number of States or localities, in others its status remains unsettled and the landscape continues to change. Even in States and localities where the law is adverse, enforcement is haphazard and often stems from misinformation or misunderstanding.
The information above and any other communication regarding legality which you may receive from any representative of Nectar CBD Products’ website is for informational purposes only and not for the purpose of providing legal advice. You must make your own judgment regarding whether you should purchase CBD in your jurisdiction.*