Is CBD Legal in All States? Yes, for the Most Part It Is!

Is CBD Legal in All States? Yes, for the Most Part It Is!

Cannabis legality and use in the United States are constantly moving targets, with federal legalization not yet a reality. Instead of country-wide legalization, each state must enact a bill to make it legal only within the state's boundaries. When people first hear that CBD is also in cannabis, they immediately think, "is CBD legal in all states?" Or, put another way, is CBD legal at the federal and state level? The short answer to that question is: yes. The longer answer is: it's complicated. Here's why!

Is CBD Legal in All States? Yes!

Hemp-derived CBD is currently legal in the US by federal standards. Hemp-derived CBD and hemp-derived products used to be in the same legal category as cannabis and THC-derived products as a harmful (and therefore illegal) substance. However, in 2018, US federal officials, after being presented with several encouraging scientific studies and reports, made the call to legalize industrial hemp-derived CBD, as well as CBD products, nationwide. So, at a federal level, you're all clear to use CBD!

However, as is often the case with US law, it's not that straightforward. First off, cannabis-derived CBD is still not legal in the United States. So any legal CBD products must be made with hemp CBD. Second, all CBD products must contain less than 0.3% THC to be sold (this is something taken care of by FDA regulation).

Every state does allow CBD use, but some have restrictions on it, including:

  • Idaho
  • Iowa
  • Kansas
  • Mississippi
  • North Carolina
  • South Carolina
  • Tennessee
  • Virginia

If you live in one of those states, you may wish to look up your local laws to ensure you're not running afoul of any state restrictions.

Even though CBD is legal federally in the US, there is still a regulating body that ensures the safety and quality of products. The FDA currently has an extensive library of documentation explaining current CBD regulation and several studies and questions they are still engaged in to make sure they can monitor quality control procedures throughout US CBD companies. The FDA also ensures that companies remain within the less-than-0.3%-THC limits.

Age Restrictions

You may have read that there are age restrictions on CBD sales. These restrictions are partially true. There are age restrictions on cannabis-derived CBD, which derives its regulations from state laws that typically require you to be 21 to buy any cannabis-related products. For hemp-derived CBD products, there are no such age restrictions. You can buy those online, in grocery stores, and in many other places that don't require identification. However, with that said, it's entirely up to the retailer whether or not they want to ask for ID for any product, so you might find some that do, even for hemp products.

Is CBD Legal in All States? While It's Complex, the Answer Is Generally Yes

So, if you're in the US and wondering if you can buy CBD products, the short answer is yes to hemp CBD and no to cannabis CBD (unless you live in a state that approved cannabis use).

Make sure you understand the regulations of your state, both in terms of buying and use. Once you do that, you'll know what to do, and you can try out whatever CBD products you like.

At SHRUBSS, we offer some of the best hemp-derived CBD products on the market. Whether you're looking for tinctures, salves, or something else, we offer the best legal product for your CBD needs!

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