CBD (cannabidiol) is a non-psychoactive compound found in cannabis. Unlike tetrahydrocannabinol (THC), CBD does not get a user “high;” however, its legality is still a gray area for some people because it is derived from the cannabis plant.
Is CBD Legal in the US?
CBD must be legal on both the federal level and the state level in order for it to be legal in your state.
The 2018 Farm Bill legalized, on the federal level, the regulated production of hemp, or any part of the cannabis plant with a THC concentration below .3%. States, however, have the final say in whether or not cannabis-derived products are legal within their state lines.
Is CBD Legal in my State?
There are four different types of states when it comes to CBD and marijuana legality: Green, Amber, Amber-Red, and Red.
There are several states called Green States that have legalized both medicinal and recreational use of marijuana as long as you meet the minimum age requirement. The following are Green States:
• Washington D.C.
Amber States are those states that legalized marijuana and cannabis products (like CBD oil) for medical uses only, requiring you to obtain a medical marijuana card and a prescription from a medical marijuana doctor.
Amber-Red States are those states that do not allow marijuana for any reason except for CBD products used for specific reasons unique to each state. Amber-Red states can be the trickiest. For example, in North Carolina, CBD oil is legal for severe epilepsy sufferers, and can only come from a hemp plant (not marijuana). In Alabama, under Leni’s Law, only those who have a medical condition that causes seizures or those who participate in a state-sponsored clinical trial studying the effects of CBD would have access to it. You should check with your state’s specific conditions if you live in an Amber-Red state.
Finally, Red States do not allow cannabis products in any form to be purchased or consumed for any reason. The following are Red States:
• South Dakota
Several states are in the process of passing marijuana legislation to legalize adult recreational use. These states include New York, New Jersey, Vermont, Connecticut, and Rhode Island, among others.