Is CBD Legal In All 50 States

Is CBD Legal In All 50 States

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CBD products are getting increasingly popular recently due to the Farm Bill which permits the cultivation of Hemp on US soil. And though CBD products have been accepted by the FDA, a few states aren’t wholly clear on the legality of CBD, leaving us with the question, Is CBD Legal in all States? Let’s discover whether CBD is legal in all the states or whether some states have not yet been engrossed with CBD and its benefits as a recreational product and as a medicine.

What is CBD?


Is CBD Legal In All States
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CBD is one of the numerous cannabinoids present in Cannabis sativa plants. However, it stands apart from others due to its non-psychoactive feature and therapeutic benefits. It has a wide range of effects on the human body since it works through the endocannabinoid system. It’s used to control the stress response, promote sleep, regulate metabolism, and even block pain signals from reaching the brain.

During the 1920s, many states prohibited the use of CBD, considering it an abusive illicit drug. The federal government banned its usage under any circumstances for several decades. However, in the early 1970s, pharmacology research on cannabinoids increased dramatically. Eventually, in the mid-1970s, the UK released a full-spectrum CBD tincture for medical use. New Mexico was the first state to recognize cannabis as a medicine and legalize it in 1978.

What Are The Potential Uses Of CBD?

The benefits of the cannabis plant and its major cannabinoids — CBD and THC — have been well-studied in recent decades. Research unlocked mysteries related to phytocannabinoids and showed how significant they are for therapeutic applications. From reducing inflammation to alleviating high-stress levels, CBD medical usages are considerable. Some clinical trials also revealed their role in overcoming hard-to-treat ailments like cancer, bipolar disorder, and dementia. Researchers suggest that CBD is an appealing option for those seeking relief without the mind-altering effects of cannabis.

Some evidence-backed health benefits of CBD are as follows:

Chronic Pain Management

The role of CBD in pain management is evident in a 2018 study. According to this study, CBD helps treat acute nociceptive, neuropathic, and inflammatory pain in different animal models. The compound has analgesic properties significant for managing aches and pains, no matter how intense. It interacts with CB1 and CB2 receptors to regulate pain signals across the body.

Increasing Sleep Quality

Factors like stress and anxiety may disrupt your sleep. CBD can help you sleep better by addressing the causes of insomnia. A study report acknowledges the fact that CBD promotes relaxation and stress-free conditions. Researchers suggest that cannabinoids aid in improving sleep quality and decreasing sleep onset latency. It means that it helps with both falling asleep and staying asleep.

Alleviates Anxiety and Depression

Anxiety and depression are typical medical problems commonly seen today. You will feel low, lonely, unhappy, or hopeless if depressed. Anxiety disorder, on the other hand, is characterized by an overpowering sense of concern, fear, and tension. Using CBD will benefit you because it aids emotional and mental well-being. A 2020 study highlights its positive impact on psychiatric and medical conditions. According to this study, it serves as an antidepressant and antianxiety component after regular use.

Enhances Vital Body Functions

Scientific research reveals that CBD affects the endocannabinoid system. Cannabinoid receptors, enzymes, and endocannabinoids are parts of this biological system. The interaction of CBD with this system aids in the maintenance of homeostasis. Overall, it ensures the smooth running of internal functions. It regulates pain sensations, stress levels, mood swings, immune cells, and learning power.

Optimal Skin Health Promotion

CBD relieves pain, swelling, redness, and skin irritation because it is an analgesic anti-inflammatory medication. Eczema, dermatitis, and psoriasis are among the skin disorders it helps. A study published in 2020 shows that CBD has medicinal potential for skin health. Besides this, it also helps hydrate skin, reduce signs of aging, heal wounds, and mitigate pain.


Promotes Heart Health

Multiple studies link CBD with several benefits for the heart and circulatory system, including lowering high blood pressure.

High blood pressure carries the risks of health conditions, including stroke, heart attack, and metabolic syndrome. In a study, researchers found that CBD reduced arterial stiffness and improved blood flow through their arteries. Overall, the findings are encouraging, but more research on CBD treatment for heart health is necessary.

Other Potential Applications

Due to its significant properties, CBD has momentum in the health and wellness world. Some studies suggest that CBD helps with drug cravings, withdrawal symptoms, mental health disorders, neurological syndromes, and cancer-related issues. However, more scientific evidence and research on humans are essential to verify these potential effects. In 2018, the Food and Drug Administration (FDA) approved Epidiolex to treat seizures.

Marijuana vs Hemp


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Cannabis sativa is a fast-growing herbaceous plant that contains several beneficial components. Hemp and marijuana are two of the most commonly used terms to describe this plant. People often consider both the same since they belong to the same Cannabaceae family. However, note that the two have a distinct and noticeable difference. Marijuana derives from the cannabis plants Sativa, Indica, and Ruderalis. Some strains are short and bushy, while others are tall and stalky. On the other hand, hemp comes solely from the cannabis Sativa flowering plant. It is a small tree-type plant with tall, stalky stems.

Besides this, their growth patterns, CBD concentrations, THC content, psychotropic effects, and possible uses are all different.

Psychoactive effects

THC (tetrahydrocannabinol) is the psychoactive component responsible for the high euphoric experience. The THC content in hemp is typically less than 0.3 percent by dried weight. Hemp-derived products cannot get you high due to low THC levels. Marijuana, on the other hand, has significantly more than 0.3 percent of the mind-altering ingredient THC. It creates mind-altering effects and tends to cause intoxication. It is for this reason most ancient cultures smoked cannabis as a recreational substance.


Manufacturers use hemp and marijuana extracts to make different products. They use hemp for industrial reasons only and so-called ‘industrial hemp.’ Textiles, rope, biofuels, papers, and nutritional supplements are a few hemp-derived products they make. Marijuana, on the other hand, is used as herbal medicine, a nutritional supplement, and a recreational drug.


Over the years, marijuana usage is illegal in almost all nations worldwide. Prohibitions exist due to their psychotropic and addictive aspects. According to studies, it can cause dependency and affect mental health. On the other hand, hemp with less than 0.3 percent THC has a safe profile. Its use is also authorized on a federal level. Farmers can freely grow hemp on their land under the 2018 Farm Bill, as long as the plant they chose generates less THC.

CBD Potency

CBD is found in varying amounts in all cannabis plants. THC levels in marijuana plants are high, whereas CBD levels are low. Hemp, on the other hand, has sufficient levels of CBD, THC, terpenes, and other cannabinoids. It is one of the reasons that all commercial CBD products come from hemp plants. Even though some marijuana types offer higher CBD yields, hemp producers prefer the healthy combination of cannabinoids in hemp.

What Is The Controversy Associated With CBD?


Is CBD Legal In All States
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CBD comes from cannabis plants that contain psychoactive constituents like THC. There were controversies regarding the legal status of CBD. Some considered it a Schedule I drug, while others expressed that it is not a drug.

The Drug Enforcement Administration (DEA) classifies drugs into five schedules. Each schedule considers the permitted medical use of drugs and the associated risk of abuse or dependency. The less restrictive the schedule, the more acceptable the drug is and the smaller the risk of abuse or reliance. Schedule 1 (I) drugs are the ones that have no recognized medicinal purpose and have the highest potential for misuse. The medications under Schedule 5 have the lowest potential for abuse.

The DEA and the Food and Drug Administration (FDA) are responsible for deciding which substance should be added, withdrawn, or reclassified. Earlier, the authorities categorized CBD as a schedule 1 substance, considering it not acceptable for medical use. However, three months after FDA approved Epidiolex for the treatment of seizures, DEA took a critical decision. The administration placed the FDA-approved CBD drug (Epidiolex) into Schedule V of the Controlled Substances Act (CSA). This rescheduling eased the

the regulatory requirements and allowed researchers to conduct CBD trials.

The State-By-State Legal Status Of CBD


Is CBD Legal In All States
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The federal government recently approved a bill distinguishing between two types of cannabis plants: hemp and marijuana. They claim that hemp cannot create the euphoric high associated with marijuana. Hemp was removed off the list of illegal substances for the first time in nearly 80 years, enabling individuals full access to the plant.

However, the landscape is always changing, and each state has its own set of rules to implement in reaction to federal changes – some of which are far slower than others. Some states exclusively allow CBD usage for medical reasons, while others make it lawful for both recreational and medicinal purposes.

 Here is an overview of the states that legalized CBD usage.



Nevada has its own set of rules when it comes to marijuana and hemp CBD oil. Furthermore, no legislation has been passed in Nevada to regulate CBD derived from hemp in any way.

It is, however, absolutely legal to buy hemp CBD oil on Nevada’s soil. This is because CBD derived from hemp has less than 0.3 percent THC.



Marijuana can only be utilized for therapeutic purposes in Illinois, and CBD oil derived from hemp is completely lawful in specific circumstances. The state’s authorities have developed a program that permits the state’s government to conduct hemp research in institutions.


Washington, D.C

CBD oil is available for purchase legally in Washington, D.C. The use, possession, and sale of hemp-derived CBD oil are legal in the state as long as the THC concentration is less than 0.3 percent. To put it another way, hemp-derived CBD oil is lawful because it does not cause you to become high.



CBD from hemp is lawful under federal law, but CBD from marijuana is not. But both sources are allowed under Michigan law. The Michigan Compassionate Care Initiative got passed into law in 2008, making medical marijuana legal in the state. While this permitted patients with certain medical problems to grow their plants, it did not allow dispensaries to operate.



Legality depends on where you got your Cannabidiol from. CBD may be extracted from both hemp and marijuana, which are two different types of cannabis plants. The fundamental distinction between hemp and marijuana is that the former contains only trace quantities of THC while the latter does not. The latter, on the other hand, has detectable quantities of this psychotropic chemical. As a result, marijuana and hemp CBD oil are governed differently in Arkansas.



In California, purchasing CBD oil derived from hemp or marijuana is legal. Unfortunately, when it relates to CBD-infused meals and beverages, the picture becomes typical.



When it comes to cannabis laws, Florida is a rather progressive place. If you have a medical marijuana card, you can buy CBD oil that contains a significant quantity of THC.

CBD oil made from hemp does not require a prescription. As long as they contain 0.3 percent THC or less, these items are widely available over the counter at pharmacies, organic food stores, and vape shops.



While marijuana CBD oil was only approved for medicinal reasons, the state allows select patients to use high-CBD. Low-THC (up to 5%) marijuana products, hemp-derived Cannabidiol is fully legal, and you don’t need any kind of license to acquire them.



Despite Alabama’s severe marijuana CBD oil legislation, hemp-derived CBD oil is indeed widely available.

When it comes to purchasing CBD oil in Alabama, you have two options: go online or look for Cannabidiol-infused items near you. Buying CBD oil online, on the other hand, allows you to buy it from anywhere in the state, so the benefits are everywhere – it’s just a matter of perspective.



It’s lawful as long as it’s made from hemp and has a THC content of less than 0.3 percent. Marijuana has high THC content, which causes a euphoric buzz known as a marijuana high. Marijuana is prohibited in some states because of its high THC level.



As more people become aware of the benefits of cannabis, more states are beginning to legalize it for medical and recreational use. Indiana, on the other side, maintains a rigid marijuana regulation. As a result, both the sale and possession of marijuana are illegal in Indiana.



Here, the ratio of CBD to THC in CBD oils and other products varies based on how they were made. THC, the psychoactive cannabinoid, is found in substantial amounts in CBD oil produced from marijuana plants. Marijuana-derived goods can make you high and are banned at the federal level.



Under the 2018 Farm Bill, hemp is permitted in Wisconsin. Hemp was formerly classified in the same classification as heroin and LSD before the modified measure was signed into law. Hemp has become an agricultural product that can be cultivated for any purpose, such as paper, clothes, fuel, shelter, foodstuff, and health supplements like CBD oil, thanks to the US federal government’s removal of the plant from the Controlled Substances Act.



CBD generated from hemp and marijuana is legal, but there are some restrictions to be aware of, particularly if you’re considering purchasing marijuana-derived products.



When searching to buy CBD oil in Texas, it’s important to consider the source of your product. Although hemp-derived CBD oils are legal in the United States, marijuana and its products are prohibited in the southern state, and even modest quantities of marijuana can result in severe penalties and jail time.


South Carolina

Because state regulations frequently contradict federal law, the legality of CBD oil is one of the most hotly debated topics today. CBD oil is technically allowed in South Carolina if it is derived from the industrial hemp form of the cannabis plant.



Governor Tom Wolf of Pennsylvania signed legislation legalizing the production and use of medicinal marijuana for qualifying patients. The bill enables up to 50 pharmacies and 25 marijuana farmers to be licensed.

Marijuana usage for recreational purposes remains unlawful at this time. It is categorized as a misdemeanor and is punished by a maximum fine of $500 and up to one year in prison.



In Massachusetts, CBD oil is lawful, and there is no need to distinguish between marijuana and hemp-derived CBD oil because both have been legalized by state law.


The Legal States

Currently, the legal states are Alaska, Colorado, Illinois, Maine, Michigan, Nevada, Oregon, Vermont, and Washington. These states accept the changes in the 2018 Farm Bill completely. It means you are free to buy, possess, carry, and use hemp-derived products in these states. There is no ban on CBD use for any reason. CBD oils and capsules are available at local dispensaries, supermarkets, online, and sometimes even local gas stations.


The Conditionally Legal States

The purchase of hemp-derived products is legal in these states, but there are some restrictions. To buy cannabis products, including CBD, in some places, such as North Dakota or Minnesota, you will need a doctor’s consent and a licensed medical card.

In other places, such as Michigan and Nebraska, CBD is both legal and unlawful. The legislatures in these regions have yet to revise and implement the new 2018 Farm Bill modifications. Eventually, CBD products are not available anywhere other than online in these states.

Check out the legal states: 




California(Los Angles)


















New Mexico

New Jersey

New Hampshire

North Dakota





Rhode Island

South Dakota

South Carolina





West Virginia




Future of CBD

Till now, CBD has been involved in innumerable research studies, discoveries, medical innovations, legislative changes, and cultural shifts. It is now available in many states in different modes and variants. Some people can access the supplement in-store legally. However, many still require medical cards to seek CBD goods for their needs. As it’s noticed that law has been evolving, it may continue to change across the federal and state legislature.

No one can predict what the future holds for CBD. But now that more and more people demand access to this safe and effective supplement, the future seems to be brighter. CBD appears to be a big player in both the corporate and personal pursuits of health and wellness.

According to surveys, CBD sales in the United States reached $4.6 billion in 2020, a staggering figure just two years after hemp-derived cannabinoids were federally allowed. This expansion is likely to accelerate in the global market. From 2021 to 2028, it may increase at a compound yearly growth rate of 21.2 percent, reaching USD 13.4 billion.


Find The Best CBD Products

Hemp Depot is proud to provide some of the finest, wholly natural, CBD-abundant hemp oil in the world. Their entire products are prepared from custom, proprietary strains from hemp grown in Colorado, with also handmade products. Their commitment to purity and safety is exhibited through third-party testing. They offer an entire range of full-spectrum and completely THC-free products at the finest value.

Hemp Depot’s range of CBD products includes CBD Isolate, CBD Topical, CBD Pills, and CBD Tincture, apart from others.


Final Thoughts

Ultimately, the answer to the title question “Is CBD Legal In All States” is no. There are a few states, primarily Idaho, Iowa, and South Dakota, where things aren’t essentially clear. Presently, CBD is not federally legal. Indeed, the FDA doesn’t permit cannabidiol to be included in drinks or foods and sold commercially.

For more information, contact us!

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