CBD oil has exploded in popularity lately. While only 9 states currently have legalized recreational marijuana, as an industry weed has had a huge year of growth. But because marijuana legalization is in such a murky situation with both federal and state laws to grapple with, CBD. But contrary to what these articles suggest, CBD products are not "legal in all 50 US states." If that were the case, why would Ndiaye be charged. Is CBD Oil legal in My State? Everyone wants to know if CBD is legal in their state . This handy fact . April 26, at am. Hey Nichole.
Allowed States CBD Is 44 Legally in
CBD oils are increasingly popular among medical patients, athletes, and consumers looking for muscle relaxation, general therapy, and anxiety reduction. The agency said the clarifying rule was needed to bring US law into conformity with United Nations treaties governing controlled substances.
But the clarification only served to confuse both consumers, CBD manufacturers, and retailers. And it was almost immediately challenged in court by a consortium of hemp and CBD oil producers. More recently, the DEA issued a clarification to the clarification. Meanwhile, CBD laws vary from state to state, and while the DEA considers it illegal under federal law, CBD products remain available for sale in health supplement shops and organic food stores around the country—though some of them might not contain all that much CBD.
Cannabidiol , or CBD, is just one of over a hundred cannabinoid compounds found in cannabis. THC is the cannabinoid most folks are after when looking for a high. In contrast, CBD is non-intoxicating. In the 28 states where medical marijuana is legal, CBD products are covered by those same medical marijuana legal protections. In recent years, 16 states have passed CBD-only laws, which legalize the possession and use of CBD products for specific qualifying conditions —but not cannabis products containing higher levels of THC.
Those CBD-only laws often limit the legal possession and use of CBD products to children with epilepsy, and some nerve and muscle afflictions. Most states with CBD-only laws allow possession, but do not allow licensed dispensaries, home cultivation, or any other supply infrastructure. In Georgia, for example, the legislature passed a law in that made legal possession of up to 20 ounces of CBD for patients with qualifying conditions like seizure disorders and multiple sclerosis.
The law does not, however, set up any supply infrastructure—there are no licensed dispensaries or producers. But it seems to be an extremely low priority for most law enforcement agencies. We could find only a few instances of anyone being arrested for CBD oil sales, and no examples of arrest for simple possession.
In a word, no. Hoban says the DEA skirted an established federal process: Only Congress can add a new substance to the Controlled Substances Act. RMH Holdings is a Colorado hemp producer. Centuria Natural Foods launched in as a hemp food producer. Cannabinoids, he told Leafly, are the controlled substances. He sides with the DEA. Armentano pointed to several pieces of evidence as proof that CBD has always been treated as illegal at the federal level.
Congress has tried and is currently trying to pass bills to remove CBD from the Controlled Substances Act —which would be unnecessary if the compound were already legal.
Further, the Controlled Substances Act itself specifies that the government has the right to control substances that are chemically similar to the ones explicitly listed.
Rod Kight, a North Carolina attorney who specializes in business law and cannabis policy, has written a number of lengthy blog posts that get into the case law and legal technicalities of CBD. Those are available here , here , and here.
So hempseed oil is federally legal. The Farm Bill legalized hemp production if it takes place for research purposes under an approved agricultural pilot program. Hemp is cannabis with less than 0.
Martin Lee, co-founder of Project CBD, told Leafly that hemp fiber and seed contain no usable amounts of cannabinoids. Hemp oil start-ups lack credibility when they say their CBD comes from hempseed and stalk. Outside of those four states, consumers must put their trust in the manufacturer. You can find those test results here for , and here for These FDA tests were done as a one-off project. CBD products are not approved by the FDA for the prevention, mitigation, or treatment of any disease or condition.
CBDRx extracts its product from hemp flower, not from the industrial stalks and seeds. Company officials say CBDRx grows specially engineered hemp with high CBD concentrations , and is cultivated differently than conventional industrial hemp. Meanwhile, CBD remains available online and at many retail health stores across the nation. Under the Controlled Substances Act, Marihuana is classified as a level 1 drug, the same schedule as heroin.
In fact, there is not a single state that penalizes an individual in the same manor for marijuana and heroin possession. Some key points on the analysis — the analysis covers all 50 states and the District of Columbia. The population numbers used are from the U. Census bureau estimates on July 1, , where the total U. The states that currently offer licenses and have established legal frameworks are Alaska, Colorado, Oregon, and Washington.
In November , four more states approved adult-use marijuana and are developing a legal framework for licensing — California, Maine, Massachusetts, and Nevada. The District of Columbia allows you to possess and home grow marijuana but has not developed any legal structure for purchase, sale or manufacturing.
Perhaps more surprisingly, is 22 states allow for medical marijuana. Over million Americans, or about Please see below for a list of states. Laws and access to marijuana vary among the states. California passed the first medical marijuana law in , and over the next 20 years a few states at a time passed similar legislation. Tenth Amendment Center Blog. The Pursuit of Oblivion: A Global History of Narcotics. Mary Fallin signs bill allowing pilot program for cannabis oil".
Retrieved July 6, Retrieved November 5, Retrieved June 23, Retrieved July 5, Retrieved October 31, Bill Haslam signs cannabis oil bill". Retrieved June 10, Retrieved April 18, Shumlin signs bill decriminalizing possession of limited amounts of marijuana The Official Website of the Governor of Vermont". Archived from the original on June 10, Persons charged with first offense may be placed on probation; conditions; substance abuse screening, assessment treatment and education programs or services; drug tests; costs and fees; violations; discharge".
Possession of marijuana unlawful". The state of Washington: Washington State Liquor Control Board. Retrieved February 26, Retrieved September 21, Retrieved January 18, Archived from the original on August 1, Retrieved July 12, Two Washington State Tribes on Board".
Retrieved November 15, Legality of cannabis in the United States. Idaho South Dakota American Samoa. State Solomon—Lautenberg amendment Conant v. Walters United States v. Oakland Cannabis Buyers' Cooperative Gonzales v. Raich Moncrieffe v. Adult lifetime cannabis use Annual cannabis use Legality of cannabis. Legal history Legality by jurisdiction Marijuana Party. Legal history Timeline Medical Non-medical Legality by jurisdiction.
Cannabis in Alabama First-time may be punished as a misdemeanor, but further possession, or intent to sell, can result in felony charges. Cannabis in Alaska Legalized by Measure 2 on November 4, Cannabis in Arizona November Cannabis in Arkansas Possession under three ounces a misdemeanor; Cities of Fayetteville and Eureka Springs labeled cannabis their lowest law enforcement priority. Cannabis in California July Cannabis in Colorado Colorado Amendment 64 legalized the sale and possession of marijuana for non-medical use on November 6, , including cultivation of up to six plants with up to three mature.
Cannabis in Connecticut Possession less than a half-ounce by those 21 or over, results in graduated fines, and confiscation. Cannabis in Delaware February 10, Cannabis in Florida November 8, Cannabis in Hawaii June 15, Cannabis in Illinois Cannabis Control Act of allowed for medical marijuana but was never implemented.
Cannabis in Indiana Cannabis in Iowa CBD oil legalized. Cannabis in Kansas CBD oil exempted from definition of marijuana. Cannabis in Kentucky CBD legalized. Cannabis in Louisiana Cannabis in Maine Cannabis in Maryland April 14, Cannabis in Massachusetts
The States of Marijuana
While it's true that CBD is legal in all 50 states, there are situations when it isn't legal. The difference between legal and illegal typically. This provision lists 44 states that have some form of medical marijuana The states that currently offer licenses and have established legal CBD oil comes from the same plant as marijuana (Cannabis sativa L.) but has low. The Farm Bill made hemp (and thus CBD Oil) legal in all 50 states, but there are some important things to keep in mind.