is CBD oil legal

With the growth of the CBD market, there are still a lot of questions regarding the legality of CBD oil and hemp oil as a whole. Even with the passing of the 2018 Farm Bill that practically makes the production, sale, and use of hemp oil containing less than 0.3% legal nationwide, there are still many unanswered questions.

Is CBD oil legal?

Is CBD federally legal even after the passing of the bill?

What does this law mean for CBD users?

Hopefully, I can answer some of these questions and more for you in this detailed article.

 

What is CBD Oil?

CBD oil is a substance that is made up of two main ingredients: CBD and THC. However, not all CBD products on the market contain the second ingredient.

is CBD oil legal

Is CBD Oil Legal in the US?

This is a very grey area.

Any CBD product that is extracted from the hemp plant and has extremely low levels of THC, typically under 0.3% THC, has been considered legal nationwide in part thanks to the Agriculture Improvement Act or 2018 Farm Act.

 

Is CBD Oil Legal in all 50 States?

Yes and no.

Depending on the levels of THC within a CBD oil product, it could be considered legal or illegal in all 50 states. However, this also depends on certain state laws FOR THAT STATE.

 

Is CBD Federally Legal?

CBD extracted from the cannabis plant and contains more than 0.3% THC is still considered to be illegal nationwide. However, depending on the state, it may be considered legal on a state level.

 

17 Laws by State for Legal CBD

Here are specific CBD laws by a state-by-state basis.

is CBD oil legal

Alabama

  • Carly’s Law-allows a defense to be used against prosecution for those possessing CBD who suffer from a debilitating epileptic condition. Allows for a prescription possession or use of CBD.
  • Leni’s Law-provides an affirmative defense for those possessing CBD oil for those who have debilitating conditions that can produce seizures.

 

Georgia

  • Haleigh’s Hope Act-allows the use of CBD deriving from cannabis as long as it contains no more than 5% THC.
  • Bill signed on April 17th, 2019 by Governor Brian Kemp which allows those in state to produce and sell CBD oil. This bill is effective as of July 1st, 2019.
  • The Georgia Department of Public Health Low THC Oil Registry Cards-allows patients who qualify to carry low THC CBD oil. Must have the following conditions: Parkinson’s, sickle cell disease, hospice patients, PTSD, AIDS, Alzheimer’s, Tourette’s syndrome, MS, Crohn’s disease, ALS, cancer, seizures, mitochondrial disease, autism, epidermolysis, intractable pain or are over the age of 18 years old.

 

Indiana

  • HB 1148-allows for the use of CBD that contains less than 5% CBD and no more than 0.3% THC for the treatment of epilepsy.
  • SB 52-allows for the distribution and retail of CBD or hemp oil that contains less than 0.3% THC. All products fitting this description must not contain any other controlled substance in it.

 

Iowa

  • The Medical Cannabidiol Act-allows licensed neurologists to prescribe patients suffering from epilepsy CBD products that contain less than 3% THC.
  • HF 524-this law allows a person to recommend, use, deliver, administer, dispense or transport CBD as according to Iowa law.
  • Registration cards-CBD dispensaries only allowed to dispense CBD containing THC to patients with these cards.

 

Kentucky

  • SB 124-this law excludes CBD from its definition of marijuana. This law only applies to CBD that has been transferred, dispensed or administered by the written order of a physician who is practicing at a hospital or clinic affiliated with a Kentucky university that has a school of medicine.

 

Mississippi

  • Harper Grace’s Law-allows for CBD oil to contain no more than 15% CBD and less than 0.5% THC. For CBD users to use this law, the CBD must be tested by the National Center for Natural Products Research located at the University of Mississippi and must be dispensed by the Department of Pharmacy Services at the same university. The law also allows for an affirmative defense for those suffering from epilepsy who use CBD.
  • SB 2610-amended the current CBD law to “use in research of seizures and other medical conditions.” This amendment also allows for other pharmacies to dispensed CBD, as long as they have federal and state regulatory approval.

 

Missouri

  • HB 2238-allows for the use of CBD oil deriving from cannabis that contains no more than 5% CBD and less than 0.3% THC for those who suffer from epilepsy. This bill requires a neurologist to test a patient with 3 different treatment options before considering the patient eligible for CBD oil.
  • Registration cards-those carrying hemp extract registration cards allows them to possess and use CBD oil within the state.

 

North Carolina

  • HB 1220-this bill allows universities to use CBD oil that contains less than 0.3% THC and no more than 10% CBD in clinical trials only for treating intractable epilepsy.
  • HB 766-this amendment amended the current CBD law in North Carolina. This amendment defines CBD as “hemp extract that contains no less than 0.9% THC and no more than 5% CBD. This amendment also allows patients to use and possess CBD, though still considers the cultivation and production of hemp extract illegal in the state. This amendment also allows those who have a DHHS Caregiver letter to carry hemp extract outside of their homes.

 

Oklahoma

  • Katie’s Law-allows for the use of CBD deriving from cannabis that contains no more than 0.3% THC for those suffering from severe forms of epilepsy.
  • HB 2835-this law allows for adults suffering from spasticity due to MS or paraplegia, intractable nausea and vomiting or need appetite stimulation due to wasting disease to the list of approved conditions for people to use CBD oil openly.
  • HB 1559-this amendment excludes any FDA approved CBD product from the state’s definition of marijuana.

 

South Carolina

  • Julian’s Law-allows people who suffer from Lennox-Gastaut Syndrome, Dravet Syndrome or another form of severe epilepsy who is not responding to traditional medical therapies, who have a written certification from a physician and it has been concluded that they will benefit from CBD, can use and obtain CBD deriving from cannabis. In order to use the CBD legally, the patients can only use CBD that contains no more than 0.9% THC and up to 15% CBD. This CBD must be provided by the Medical University of South Carolina.

 

South Dakota

  • SB 95-This law added CBD to the list of Schedule IV substances. It also excluded CBD from the state’s definition of marijuana. In order for a CBD product to be considered legal in the state, it must be approved by the FDA.

 

Tennessee

  • SB 2531-allows for the use of CBD oil that contains less than 0.9% THC as part of clinical studies researching treatment for intractable seizures, as long as a physician is supervising and practicing at a university that has a school of medicine. The clinical study must be authorized for a term of four years.
  • SB 280-allows for the use of CBD that contains less than 0.9% THC and that been legally obtained in the U.S and outside of the taste of Tennessee.

 

Texas

  • SB 339-allows for the use of CBD oil that contains no more than 0.5% THC and 10% CBD for treating intractable epilepsy. This law also requires patients to get approval from two certified specialists before being able to use CBD oil.
  • HB 3703-this amendment expands the list of approved conditions for individuals to use CBD to include seizure disorders, MS, spasticity, terminal cancer, Alzheimer’s, Parkinson’s disease, Huntington’s disease, autism, and ALS. It also requires physicians to prescribe CBD instead of recommending.

 

Utah

  • Charlee’s Law-allows for the use and possession of CBD oil under certain conditions, by people suffering from intractable epilepsy and who have a statement that has been signed by a certified neurologist. Those using CBD oil must only use CBD that contains no less than 0.3% THC and at least 15% CBD. The CBD must also be obtained in a sealed container by a licensed laboratory where the CBD was produced with a thorough ingredients label stating its origin.
  • The Health Hemp Registry-this requires those who legally use and possess hemp extract in Utah to obtain a hemp extract registration card from the Utah Department of Health Office.

 

Virginia

  • HB 1445-this law allows for the affirmative defense of the possession of CBD oil as long as it is being used to treat or alleviate symptoms of intractable epilepsy. This applies to CBD oil containing at least 15% CBD and no more than 5% THC.
  • HB 1251-expanded the list of conditions that individuals can have in order to use CBD to include any diagnosed condition or disease that a practitioner considers would be beneficial with the use of CBD.

 

Wisconsin

  • Lydia’s Law-this law states that a physician can provide a patient with an official letter stating that the patient can possess CBD to help treat a seizure disorder, as long as the CBD doesn’t allow for a psychoactive effect.
  • SB 10-an amendment that replaced the wording “seizure disorder” with the term “medical condition” in the original law.

 

Wyoming

  • HB 32-allows for the use of hemp oil as long as it contains 15% CBD and no more than 0.3% THC for the treatment of those suffering from intractable epilepsy.

 

Final Thoughts

When it comes to using or possessing CBD oil, it is best to look into your own state’s laws to see if it is considered legal in that state. Be sure to look at the ingredients of the CBD oil you are using. Only that can tell you if what you are using is considered legal or illegal.

 

 

How is Terpenes4health Legal Nationwide?

 

Terpenes4health logo

Thanks to the 2018 Farm Bill, Terpenes4health is considered to be a legal product nationwide. Unlike competitors, Terpenes4health contains 0% THC and is made up primarily of hemp identical terpenes, all used to help enhance the effects of a regular CBD dose or can be used on its own to achieve the same effects.

Check out Terpenes4health’s two formulas to learn more about Terpenes4health by clicking here.

 

Want to add to our post? Leave us a detailed comment below!

 

 

References

17 States with Laws Specifically about Legal Cannabidiol (CBD). (2019, June 17). Retrieved June 21, 2019, from https://medicalmarijuana.procon.org/view.resource.php?resourceID=006473

Law, T. (2019, March 12). Is CBD Oil Legal or Healthy? Here’s What to Know. Retrieved June 21, 2019, from https://time.com/5516745/cbd-oil-legal-healthy/

Williams, T. (2019, May 06). CBD Is Wildly Popular. Disputes Over Its Legality Are a Growing Source of Tension. Retrieved June 21, 2019, from https://www.nytimes.com/2019/05/06/us/cbd-cannabis-marijuana-hemp.html

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Is CBD Oil Legal? The Truth May Surprise You
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Is CBD Oil Legal? The Truth May Surprise You
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Want to know if CBD oil is legal? Need to know if CBD oil is legal in all 50 states? Read more to learn about the gray area surrounding this new market!
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CBDNhance
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