Is CBD legal in your state?
Do you know the feeling when, after endlessly long arguments, you convinced your opponent that you were right? Are you familiar with these unforgettable sensations when the argument lasted an eternity, and you were proving undeniable facts that were put by your opponent in doubt? Surely, these are the feelings that all sane people experienced when the cannabis legalization procedure began.
Everything is effortless. The entire history of prohibitions and criminal liability for possession and use of marijuana is a history of hypocrisy at the state level. You must admit that it is strange when the government prohibits not just a harmless drug that causes a certain dose of intoxication but has a strong medical effect, which has not yet been fully studied. At the same time, the same government is not embarrassed by the free sale of alcohol for everyone over 21 years old.
And, you can talk for a long time about the safety of using cannabis, even for recreational purposes. And that whiskey and drunkenness bring people more grief and suffering than weeds and highs. But the bottom line is that cannabis-derived CBDs treat serious disorders and can help millions. Moreover, these chemical elements help with ailments that do not respond to conventional therapy.
I hope this article will help you to understand a little why legalization is a huge victory.
CBD Legal Status, State-by-State.
Let's immediately define the nuances. Hemp Derivatives - have been legal at the federal level since 2018. But, at the same time, they, like cannabis, can be illegal in certain states. Below we have provided a detailed table that includes the state name, state CBD status, and restrictions. We hope this helps you understand the system much better.
Alabama – Legal – no restrictions;
Alaska - Legal – no CBD-infused food/beverage allowed;
Arizona - Legal – no food/beverage;
Arkansas - Legal – no food/beverage;
California - Legal –no food/beverage;
Colorado - Legal – no baked goods;
Connecticut - Legal – food/bev must be registered;
Delaware - Legal – hemp grower must be affiliated with Delaware State University;
Florida - Legal – labeling is regulated;
Georgia - Legal – no food/beverage;
Hawaii - Legal – no restrictions;
Idaho - Not legal - Illegal in every form;
Illinois - Legal – no restrictions;
Indiana - Legal – labeling is regulated;
Iowa - Not legal - illegal in every form;
Kansas - Legal - no food/beverage;
Kentucky – Legal - CBD tea not allowed;
Louisiana – Legal – lots of product restrictions;
Maine - Legal - OK only if CBD extracted from licensed Maine hemp grower;
Maryland - Legal – unclear;
Massachusetts - Legal - CBD food/bev requires purity testing;
Michigan - Legal – no food/beverage;
Minnesota - Legal – no food/beverage;
Mississippi - Legal – must be at least 20:1 CBD:THC ratio;
Missouri - Legal – age 18+ only. Sales require state registration;
Montana - Legal – no food/beverage;
Nebraska - Legal – no food/beverage;
Nevada - Legal – no food/beverage; CBD sales allowed in cannabis stores only;
New Hampshire - Legal – regulations coming;
New Jersey - Legal – no restrictions;
New Mexico - Legal – no restrictions;
New York - Legal – no food/beverage; purity testing required;
North Carolina - Legal – no food/beverage;
North Dakota - Legal – no restrictions;
Ohio - Legal – no restrictions;
Oklahoma - Legal – no restrictions;
Oregon - Legal – label regulations coming
Pennsylvania - Legal – no food/bev; label regulations coming;
Rhode Island - Legal – label guidelines coming;
South Carolina - Legal – no food/beverage;
South Dakota - Not legal - not legal in any form;
Tennessee - Legal – no restrictions;
Texas - Legal – label guidelines coming;
Utah - Legal – registration required for sales;
Vermont - Legal – can't combine CBD with meat or dairy. Maple syrup has its own rules;
Virginia - Legal – no restrictions;
Washington - Legal – no food/beverage;
West Virginia - Legal – no food/beverage;
Wisconsin - Legal – no food/beverage;
Wyoming - Legal – no restrictions.
The basics on CBD.
First, let's understand what cannabidiol (CBD) is. It is a compound derived from the cannabis plant. Its circulation and use were prohibited by law in 1937. Rather, the plant itself was banned, but, as you know, derivatives from the plant were also banned.
This state of affairs continued until 2018 when these bans were lifted. But, the cancellation was fixed at the federal level, as mentioned earlier.
In December 2018, President Trump signed into law the 2018 Agriculture Improvement Act (also known as the 2018 Agriculture Act). This law practically excluded cannabis from the list of controlled substances. It is important to understand that from the point of view of the federal government, cannabis is a substance with less than 0.3 THC.
A law on agriculture was passed, which legalized hemp as an agricultural crop and not as a drug / controlled substance. But, the legal subtleties have not become clearer. Until now, it cannot be said that hemp is completely legal, like its derivatives. But, this is better than nothing, right?
What else must be remembered that in our case, there is a whole vertical of legislative acts? This means that legal relationships are governed by federal and state legislation and "mixed jurisdictional," that is, by the rules and regulations observed by health departments and other government agencies related to these legal relationships.
What about federal legislation? Life is Better: Thanks to the Agriculture Act, law enforcement officials no longer arrest people for growing, processing, or possessing cannabis. And the DEA has removed the obligation to be a full participant in everything related to CBD and its extraction.
Besides, the farm law has removed cannabis and its derivatives from the definition of "marijuana" in the Controlled Substances Act. It also added to the law an obligation for the FDA to regulate foods and medicines derived from hemp-derived products.
And here, as usual, things get more complicated.
Decisions at the federal level are, of course, good, but this does not change the jurisdiction of each state. And given our government system, it's only natural that everyone gives their own legal definition of cannabis and CBD's status, which you can see from our table above.
This is already nit-picking because it is quite clear that common sense, albeit slowly, wins. In the meantime, he has not won throughout the country - be careful and study the laws.