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Hemp-derived CBD is legal in all 50 states

Is CBD Oil Legal?

CBD oil can be produced from either marijuana plants or industrial hemp plants. Although both marijuana and hemp products contain CBD, CBD extracts from each of these plants can be entirely different. You may be wondering how they are different. In short, marijuana extracts are low in CBD and rich in THC, the compound responsible for inducing the “high” associated with marijuana. Hemp, on the other hand, is rich in CBD content but contains virtually no THC.

Is the Purchase and Use of CBD Oil Legal?

For decades, laws had grouped hemp and marijuana in the same category, considering both plants to be the same and confusing the public in the process. Why did they group them together when they are clearly different plants?  They did this because both marijuana and hemp are part of the Cannabis genus of plants. Therefore, both were considered to be a cannabis plant without taking into account the amount of THC that each contained. All of this changed in 2018 with the passing of the Agriculture Improvement Act. Also known as the 2018 Farm Bill, the new legislation removed hemp products from the federal definition of medical marijuana and reclassified it as an industrial commodity. In other words, the bill made hemp legal at the federal level and established that it is to be regulated by The Department of Agriculture rather than the Drug Enforcement Agency. As a result of the bill, hemp and hemp-derived products are completely legal nationwide, though individual states may still impose some restrictions.

Even though CBD federal law now allows for cannabidiol to be used nationwide, it is critical that when purchasing CBD products, you buy only products that come from reputable sources such as American Hemp Oil. Why? Because all of our CBD products are made with extracts from industrial hemp derived CBD, ensuring American Hemp Oil products comply with all legal regulations.

Hopefully, if someone now asks you “Is CBD oil legal or not?” you’ll be able to identify the difference on your own.

The FDA’s Stance on CBD Oil

In 2018, The FDA approved the first CBD-based medication after years of research suggesting that CBD is beneficial to treat two rare and severe forms of childhood epilepsy. The FDA Commissioner Scott Gottlieb has said the approval was “a reminder that advancing sound development programs that properly evaluate active ingredients contained in marijuana can lead to important medical therapies.” He noted that the action was “not an approval of medical marijuana or all of its components” but rather of one specific CBD medication for a particular use. In April, an advisory committee unanimously recommended approval of the drug for the two types of epilepsy. FDA CBD rules which have approved the use of hemp as medicine have helped spread awareness about CBD and acceptance regarding its use. Is CBD oil legal? Yes, in all 50 states.

The U.S. Food and Drug Administration (FDA) ran tests on multiple CBD companies’ products in 2015 and 2016 and found that the CBD content was over exaggerated or not at all present. The FDA does not regulate CBD, so keep this in mind. They just tested the products as a one-time experiment. Sometimes, industrial-grade hemp is imported from Europe or Canada, but this is often not potent. Other companies genetically engineer strains.

The DEA’s Stance on CBD Oil

According to a DEA directive issued in 2018, “Products and materials that are made from the cannabis sativa plant and which fall outside the CSA definition of marijuana are not controlled under the CSA. Such products may accordingly be sold and otherwise distributed throughout the United States without restriction under the CSA.”

Cannabis oil and CBD oil have similarities but some important differences for users. Both are cannabinoids that can be found in all cannabis plants including hemp and marijuana. Cannabinoids are the substances secreted by the flowers of the cannabis plant and contain natural medicinal properties.

CBD is usually extracted from hemp, not marijuana, and should not be on the controlled substances list. Only Congress is allowed to make adjustments to the list of controlled substances.  The DEA holds that cannabinoids, in general, have always been considered a controlled substance. Hemp growers are definitely not happy with the DEA’s stance on this issue.

While the DEA cannot add or remove substances from the list, it appears that the organization may have been correct in their statement that CBD is already illegal. Congress has been attempting to pass legislation to remove CBD from the controlled substances list. This wouldn’t be necessary if it was not considered a controlled substance. For more in-depth information, check out this source article here.

What Is The Farm Bill?

The first version of this bill, passed in 2014, made the production of hemp legal under approved pilot agricultural programs, but this was intended only for research purposes.  Though hemp technically contains THC, the amount is usually below .3% and is not psychoactive in such a small amount.

While hemp fiber and seeds are mentioned in this bill, CBD is not specifically mentioned. If CBD can be derived from hemp fiber and seeds, then CBD is legal. But whether or not this was possible remained up for debate at the time.

President Trump signed the Agriculture Improvement Act of 2018 (2018 Farm Bill) into law on December 20, 2018. Among this 2018 bill’s broad provisions, it legalized the cultivation and sale of hemp at the federal level, effective January 1, 2019. This has had important ramifications not only for the hemp industry in the United States but also for business involving cannabidiol (CBD).

Despite the fact that neither hemp nor hemp-derived CBD contains significant amounts of THC, it had been previously categorized as a Schedule I substance under the Controlled Substances Act. It was generally illegal at the federal level to cultivate, possess or distribute the hemp plant or CBD derived from the hemp plant, although certain inert portions of the cannabis Sativa L. plant (hemp or marijuana), such as the stalks or non-germinating seeds, could be bought or sold.

Warning: Don’t Fall For This Rip-Off

When it comes to buying CBD oil, you must be exceedingly cautious because there is a tremendous amount of misinformation and outright deceit within the industry. Many online resources may try to mislead you for profit or other disingenuous reasons. For instance, some Cannabidiol oil companies advertise that their products contain a specific concentration of CBD, displayed in either percentages or milligrams (mg). However, independent research has shown that the products of many of these companies that sell CBD do not live up to their claims as their products contain far less CBD than what is stated in print. The FDA issued warning letters to certain companies in 2016 because they were engaging in blatant false advertising concerning the CBD and THC content of their products.

So, why are companies allowed to lie and mislead users trying to purchase CBD products? This is a result of the industry lacking formal regulation. This is very controversial because it opens the doors for big pharmaceutical companies and lobbyists to get away with practices that may prevent CBD from becoming easily accessible to those who need it. Hopefully, further legislation like the 2018 Farm Bill will help establish competitive practices in the industry that will benefit the consumer in the long run.

How To Get Legal CBD

Manufacturing CBD oil with zero THC is a complex and costly process. Remember that we answered the question before with the disclaimer that it must contain less than 0.3% THC to comply with federal law. However, many companies take shortcuts and cut corners during the production process to save costs, ending up with CBD that contains significant THC and low amounts of cannabidiol – even if they claim otherwise.

At American Hemp Oil, we stringently test all of our products, both in-house and through a third-party laboratory, ensuring that our CBD oils are of the highest quality, the purest concentration and, most importantly, entirely legal. Every bottle that leaves our facility is tested twice, earning a laboratory certificate that ensures the purity of the CBD product and labels it with the correct amount of CBD and THC.

Is CBD Oil Legal To Buy Online?

If you are looking to buy CBD oil, make sure to research multiple products before selecting one from American Hemp Oil. While a certain amount of trust must come from the manufacturer, you can still be diligent about reading the labels and studying our company.

  • Where is the company located?

A: We are located in Delray Beach Florida.

  • How long has the company been producing and selling CBD oil?

A: We have been in business since 2017.

  • Does your company have any certifications or other forms of verification?

A: Yes, we have 3rd-party lab testing performed right here on site.

  • What part of the plant do they claim to extract the CBD oil from?

A: We only extract from the stalk, stems, and seeds.

  • What other ingredients may be present?

A: Our products contain MCT Oil, which is made from a type of fat called medium-chain triglycerides, and a specific blend of Hemp Terpenes.

It is important to research information about your CBD oil and make an educated choice on which product you should take. You can also ask people who currently use CBD oil for their opinion on which product works best and read all of their reviews on our website.

You can purchase a variety of the best CBD products right here through the American Hemp Oil website or by phone. Buying our CBD is perfectly legal without a prescription. American Hemp Oil products will be delivered right to your front door.

What Is the Legal Status of CBD in Each State?

Everyone seems to want to know the answer to that question, so we have given you a quick bit of information on the legality of CBD in each of the 50 states.

Alabama

According to Alabama’s Attorney General, hemp CBD is legal to purchase in pharmacies, as long as it contains .3% THC or less.

Alaska

Industrial hemp is regulated by the Alaska Department of Natural Resources (DNR).  You can legally purchase cannabidiol or tetrahydrocannabinol products in this state; however, you can’t consume these products in public unless you are in a specifically designated marijuana retail store.

Arizona

It is legal to buy CBD without a prescription if it contains less than .3% THC.  You can legally purchase CBD that is sourced from marijuana plants as long as you have a medical marijuana card issued by a doctor.

Arkansas

Cannabidiol oil from hemp is no longer on the state’s list of controlled substances and is now legal to purchase without a prescription.  Marijuana CBD is legal to purchase if you have a recommendation from your doctor.

California

Cannabis is legal for anyone over 21.  Hemp CBD is legal to purchase; however, the California Department of Health states that it is illegal to add cannabidiol to foods and drinks.

Colorado

Both cannabis and hemp CBD are legal to purchase without a prescription.  You can purchase a variety of cannabis and cannabidiol-infused products, such as foods, beverages and topical creams or lotions.

Connecticut

Hemp CBD is legal if it contains less than .3% THC.  Products that contain a higher percentage of THC are legal if you have a medical marijuana card.

Delaware

Cannabidiol oil from hemp is legal to purchase and use.  You must have a registration card to purchase medical marijuana.

Florida

CBD which is made from industrial hemp is legal to purchase and consume.

Georgia

Products that contain less than .3% are legal.  You must have a “Low THC Oil” card, recommended by your doctor, to purchase oils that contain more THC; however, the limit is .5% THC and you can only possess up to 20 oz at a time.

Hawaii

According to the state’s Department of Health, you must have a legitimate health condition and a valid prescription in order to purchase CBD products.

Idaho

According to state law, products must contain 0% THC in order to be legal to purchase and consume.

Illinois

CBD from both hemp and marijuana are legal.  In fact, recreational marijuana use became legal in January 2020.

Indiana

Hemp cannabidiol containing less than .3% THC is legal to purchase, sell and possess.

Iowa

Hemp CBD is legal to produce, sell and purchase; however, hemp farmers must obtain a license from the Iowa Department of Agriculture and Land Stewardship in order to grow hemp crops.

Kansas

Oils derived from hemp, and containing 0% THC, have been removed from the state’s marijuana laws.

Kentucky

CBD containing no traceable amounts of THC is legal.  In order to grow, handle or process hemp, you must obtain a license from the Kentucky Department of Agriculture.

Louisiana

It is legal to purchase and use hemp based cannabidiol products.  You must have a license from the Louisiana Department of Agriculture and Forestry in order to produce, transport and process industrial hemp.

Maine

Hemp products are legal and, as of 2016, the recreational use of marijuana is legal.  Foods and beverages containing CBD must be produced in Maine in order to be sold in the state.

Maryland

Cannabidiol products from hemp are legal; however, cannabis CBD is only legal for medical use.  In order to qualify for using products that contain THC, you must adhere to regulations, fees, dispensary licensing, possession limits, patient registry, and identification cards.

Massachusetts

It is legal to purchase certain hemp-based CBD products; however, the following products are illegal to sell:  human and animal food products containing cannabidiol; products that make medicinal claims or are marketed as dietary supplements; and any parts of unprocessed or raw hemp plants.  The use of recreational marijuana is legal except for in public.

Michigan

Both hemp derived and marijuana derived CBD are legal; however, CBD is not legal as an additive to foods or beverages.

Minnesota

Products for consumption by humans and animals are legal as long as they contain cannabinoids that are non-intoxicating.

Mississippi

As of 2019, hemp research and farming are illegal in the state.  Cannabidiol products are only legal for certain medical conditions and must contain no more than .5% THC.  They must be purchased from the University of Mississippi’s National Center for Natural Products Research.

Missouri

According to federal laws, you may legally purchase hemp-based products in Missouri; however, state laws don’t specifically mention CBD, so it falls into a gray area.  In order to purchase products containing any tetrahydrocannabinol, you must possess a medical marijuana card and purchase from a state licensed facility.

Montana

There are no state restrictions on the possession, transportation, or sales of hemp so cannabidiol products derived from hemp are legal.  You can only purchase marijuana derived cannabidiol if you are permitted to purchase medical marijuana.

Nebraska

According to LB 657, hemp and hemp products are exempted from the state’s Controlled Substances Act, meaning that hemp derived products containing .3% or less CBD are now legal.  This is where things become confusing. Some counties are still charging CBD store owners with drug dealing, while other counties view hemp cannabidiol as legal.

Nevada

Both hemp based and marijuana-based oils are legal to purchase and use; however, CBD as a food additive is currently illegal since it has not been approved by the FDA.

New Hampshire

Topical cannabidiol products derived from hemp are legal; however, cannabidiol edibles are currently illegal in the state.

New Jersey

Hemp production is still illegal in the state; however, all New Jersey residents can legally purchase hemp cannabidiol products from other states in which the production and sale of products are legal.

New Mexico

The purchase of products derived from hemp is legal.  You must possess a medical marijuana card to purchase marijuana-based products.

New York

Hemp sourced products are legal for any use.  Marijuana sourced cannabidiol is only legal for recreational use.  Edible products which contain CBD are currently banned in New York City.

North Carolina

Oils which are produced from hemp and contain less than .3% THC are legal.  The state has a very limited Medical Marijuana program allowing patients with intractable epilepsy to treat themselves with oils which contain at least 5% CBD and no more than .9% THC; however, North Carolina does not have any Medical Marijuana dispensaries.

North Dakota

Federally, oils made from hemp and containing less than .3% CBD are legal; however, according to state law, they are still technically illegal unless you are part of the burgeoning Medical Marijuana program.  This hasn’t stopped stores from selling hemp derived oils without a prescription.

Ohio

As of 2019, hemp is legal to process, produce and sell within the state.  Therefore, hemp-based products are legal since they contain .3% tetrahydrocannabinol or less.

Oklahoma

Oklahoma law does not specifically state that CBD products are legal.  Technically, these products are only legal for patients who have a recommendation from a doctor.  However, the state “tolerates” the sale and possession of these products that are made from hemp.

Oregon

Oils are completely legal in this state, regardless of whether they are made from hemp or marijuana, unless they are laced with alcohol.

Pennsylvania

It is legal to sell, purchase and use oils that are derived from industrial hemp and contain a maximum of .3% THC.

Rhode Island

Oils made from industrial hemp are legal as long as the packaging does not make therapeutic claims.  Products made from marijuana are only legal for eligible medical marijuana patients.

South Carolina

All hemp-based CBD products are legal in this state, with the exception of smokable hemp flower.  The legality of smoking hemp flower is still up for debate within the state government.

South Dakota

Federally, products made from hemp are legal; however, according to current state laws, hemp is still considered to be marijuana and is illegal.  There are stores in the state that sell hemp products and you can always order online.

Tennessee

Currently, all products made from hemp, including smokable hemp flower, are legal to purchase and consume as long as they contain a maximum of .3% THC.  Patients who qualify for the state’s medical marijuana program may purchase and use oils that contain a maximum of .9% tetrahydrocannabinol.

Texas

As of 2019, hemp is no longer considered to be marijuana and is now legal to sell and consume.  Products that contain more than .3% THC are still illegal for most consumers since they are produced from marijuana.  Oils containing up to .5% THC are now legal for people with intractable epilepsy, multiple sclerosis, Parkinson’s disease, and Lou Gehrig’s disease (ALS).

Utah

Oils made from hemp are legal for anyone to purchase and consume.  Cannabis oils are legal in this state only if you are part of the Utah medical marijuana program.

Vermont

Vermont has had a medical marijuana program since 2004.  As of 2018, this state legalized recreational marijuana and ended cannabis prohibition; therefore, cannabidiol products are legal to sell, purchase, and consume.

Virginia

Products made from hemp are legal to possess as long as they don’t contain tetrahydrocannabinol.  As of April 2020, a bill has been presented to the State Senate which would legalize both medical and recreational use of THC.

Washington

All cannabis derived products, regardless of whether they are produced from hemp or marijuana, are legal in this state as long as they are purchased from a licensed dispensary.  It is against the law to consume cannabis in public.

West Virginia

Hemp-based oils are legal to sell, purchase, and consume in this state as long as they contain .3% THC or less.

Wisconsin

Federally, hemp CBD products are legal; however, if they contain any THC, they are considered to be illegal in this state, which creates a gray area.  Because of this confusion, the Wisconsin Attorney General has instructed law enforcement not to enforce the law strictly as it is written. They will be enforcing the federal law that products are legal as long as they don’t contain more than .3% THC.

Wyoming

As of 2019, CBD products made from hemp are now legal sell, possess and use if they contain no more than .3% tetrahydrocannabinol.

Washington D.C.

Possession and use of hemp products is legal.  As of 2015, the possession of small amounts of marijuana or products derived from it is legal in the District of Columbia.