CBD’s Legality in the US; Is CBD Legal in All 50 States?

CBD’s legality in the US and buying legal CBD

Shedding light on CBD’s legality in the US and the states in which you can buy legal CBD.

The CBD market has been booming since 2018 and it’s not slowing down. With countless online stores and so many different forms, it’s one of those products that suddenly seems to be everywhere and everyone is talking about it. You’ve read reviews about how it has stopped seizures in people with epilepsy, your friends have been gushing about how it has helped them relax, and even your mom praises it for relieving her arthritis pain. And now you’re ready to try it out, but there is one question in your mind.

Is CBD even legal where I live?

Since marijuana is illegal in many states and CBD is closely related to it, you’re right to be concerned about CBD’s legality. Even with CBD’s status changing after the 2018 farm bill, there are still strict restrictions around CBD’s marketing and use. Plus every state might have its own laws regarding CBD and it can be hard to keep up with all of them.

In this guide, we will tell you all you need to know about CBD’s legality in the US.

Why the Confusion About CBD’s Legality?

When most people hear about CBD, their mind goes straight to marijuana, a federally-controlled substance. But marijuana is only one strain of a plant called Cannabis. Another strain of this family is hemp. Both hemp and marijuana have CBD (cannabidiol) and THC (tetrahydrocannabinol) along with 100 other chemical compounds collectively called cannabinoids. These cannabinoids interact with the body in different ways. THC is a psychoactive agent that causes the high associated with smoking marijuana, while CBD is a non-psychoactive compound that is proving to have various health benefits.

The difference between the two strains is in their CBD and THC content and this is where things can get confusing. While marijuana is the type of cannabis with more than 0.3% THC, hemp contains less than 0.3% THC. One of the most important factors for legal CBD is that it must be extracted from hemp.

A History of CBD’s Legality in the US

Hemp has a long history in the US. For centuries it was one of the crops grown by Americans and its fibers were used for different applications such as making ropes, clothes, and papers. Later, marijuana entered the country and people used it for its calming benefits. Although it raised concerns due to its psychoactive effects and in 1937, The Marihuana Tax Act banned the cultivation of marijuana and hemp. In 1970, the Controlled Substances Act classified cannabis as a schedule I controlled substance. In the late 90s, people started to object and asked the government to reclassify cannabis as a medicinal substance. California was the first to legalize cannabis in 1996.

The 21st century gave cannabis a second chance, as the 2014 farm bill allowed farmers to grow industrial hemp, and the Agriculture Improvement Act of 2018 expanded this law and lifted the restrictions further.

The 2018 Farm Bill

Studies showing the health benefits of CBD were one of the main reasons that drove the government to reconsider the laws surrounding CBD. In 2018, congress passed The Hemp Farming Act that went into effect in 2019. This act removed hemp from the list of controlled substances and redefined it as a part of the cannabis plant with a THC concentration of no more than 0.3% on a dry weight basis. Therefore hemp is now regulated by the U.S. Department of Agriculture (USDA) and not the Drug Enforcement Administration (DEA).

This act has made CBD federally legal under two conditions: It must have less than 0.3% THC, and it has to be extracted from hemp grown by an approved and licensed business. So this means CBD is legal on the federal level in all 50 states, but there might be slight differences in state laws, so it’s good to check your state laws to be completely sure.

Know the status of CBD’s legality in the US to buy legal CBD

Marijuana’s Legality in the US

Marijuana’s legality is different than hemp’s, since it contains a higher amount of THC and is psychoactive. Meanwhile, studies are starting to show marijuana’s therapeutic effects and states are adjusting their laws to be able to use these health benefits. Some states have embraced this change while others have been reluctant. Although these regulations are subject to change at any minute, here are the current laws on marijuana’s legality in each state of the US.

States where recreational marijuana is legal

  • Alaska
  • California
  • Colorado
  • Maine
  • Massachusetts
  • Michigan
  • Nevada
  • Oregon
  • Vermont
  • Washington
  • Washington, D.C.
  • Illinois

States where medical marijuana is legal

  • Alaska
  • Arizona
  • Arkansas
  • California
  • Colorado
  • Connecticut
  • Delaware
  • Florida
  • Hawaii
  • Illinois
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Missouri
  • Montana
  • Nevada
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • North Dakota
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • Rhode Island
  • Utah
  • Vermont
  • Washington
  • Washington, DC
  • West Virginia

Final Word on CBD’s Legality in the US

So CBD is legal in all 50 states by federal law and you can enjoy it without worrying about legal consequences. But since there are no strict guidelines on marketing CBD products, there are many low-quality brands out there that sell contaminated CBD. This is why you as a customer, must do your research before choosing a brand of CBD to buy from.

If you are still doubtful about CBD’s legality and don’t want to get in trouble, the best and easiest way is to purchase legal CBD from a trusted online store. Silver Tuna CBD is one of those stores and offers you a wide range of high-quality, third-party lab tested legal CBD products. From CBD oils to softgels and relief sticks, you can order online and enjoy the benefits of CBD without having to worry about the laws.

We hope this article has answered your questions about CBD’s legality in the US and we’d like to hear your thoughts on this subject. So leave us a comment and make sure to share this article with your friends.


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