Is CBD Illegal? (CBD Legality by State)

CBD LEGALITY BY STATE

Is CBD legal? First and foremost, yes, CBD is federally legal. However, some states in the US still consider CBD highly illegal, whilst others have certain legalized regulations around the sale and manufacturing of CBD products. It really depends on where you live, or for travel matters, where you’re headed. 

WHERE IS CBD LEGAL?

CBD has been legal at the federal level since 2018 (thanks 2018 Farm Bill). IF the CBD has been derived from the hemp plant, it’s considered legal - i n almost every state. Confusing? A little bit. 

To help ease and clarify your CBD-legal-worried mind, we’ve created a state by state chart demonstrating the unlicensed CBD products and their regulations and legalizations below. 

CANNABIDIOL (CBD) Legal Status By State

CBD & STATE LAWS

Although CBD's acceptance has expanded and continues to grow, CBD legal states are still somewhat clouded because of the different laws in each state across the country. As such, many people might choose to abstain from using CBD out of fear of doing something against the law.

Certain factors come into play that dictate whether or not CBD is legal, all of which depend on the specific state that it is bought and consumed in. That being said, one crucial factor that is important in all states is whether the CBD is derived from the hemp or marijuana plant, as the two sources are very different. More specifically, it is the THC content in CBD oils that essentially determines whether the product is legal or illegal.

CBD is illegal in these states: 

• Iowa
• Idaho
• South Dakota

CBD is legal in these states with no restrictions:

• Alabama
• Hawaii
• Illinois
• New Jersey
• New Mexico
• New York 
• North Dakota
• Ohio
• Oklahoma
• Tennessee
• Virginia
• Wyoming

CBD & FEDERAL LAWS

Though cannabidiol is not yet federally legal, the U.S. Food and Drug Administration (FDA) does recognize the potential for cannabis and its derived compounds, with the rising interest in its possibilities. 

However, there are companies that produce cannabis and cannabis-derived products in avenues that violate the Drug and Cosmetic Act (FD&C Act), putting individual’s health and safety at risk. 

As research continues to arise with support for cannabidiol as a safe, non-toxic cannabinoid, the FDA is slowly open to exploring the potential pathways for various types of CBD to be lawfully marketed. 

CAN I FLY WITH CBD?

Yes, you can fly with CBD, if there is less than 0.3% THC present. This is important! The Transportation Security Administration (TSA) updated their medical marijuana guidelines recently and noted that hemp-derived CBD is legal to fly with (for the most part). 

For instance, if you’re traveling with Nanocraft CBD Drops, which are 100% hemp-derived containing 0.0% - 0.3% THC, it should be permitted on a plane. However, the TSA website does provide a disclaimer suggesting that the final decision rests with the TSA officer on whether or not they allow your cannabis products through checkpoint.

*DISCLAIMER: The information in this article is for educational purposes only. It does not exploit or provide medical advice of any kind. Therefore, any reliance you place on the information below is strictly at your own risk. Please check with your medical provider before starting or changing a CBD routine.

Sources:

Abernethy A. FDA is committed to sound, science-based policy. U.S. Food and Drug Administration. 2019. 

Medical Marijuana. Transportation Security Administration. https://www.tsa.gov/travel/security-screening/whatcanibring/items/medical-marijuana

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