Is CBD Oil legal in all 50 states?

CBD is a compound present in the cannabis plant, called cannabidiol. But before you start to panic about failing a drug test, you must realize that the CBD does not contain THC, which is responsible for generating a “high.” That’s because most CBD oil includes just trace amounts (less than 0.3 percent) of a compound called THC, which is responsible for marijuana’s high sensation. Still, its results are barely noticeable in these tiny amounts. Consequently, CBD oil is legal and safe in all 50 states. However, how CBD is regulated at the state level may differ.

It has all sorts of positive effects on the body, such as relieving pain, stress reduction, enhancing mood, and relieving inflammation so, in general, helping the body return to balance. And the fact that you are not high at CBD ensures that people of all ages can comfortably appreciate the advantages.

The FDA clearance indicates that CBD is secure in its pure form in at least one group of patients with epilepsy, and the support of the WHO gives more assurance for the medical community. But when it comes to the other medical benefits of CBD, there’s still a lack of research. In addition to its anti-epileptic ability, pre-clinical data show that CBD may also be useful in the treatment of conditions such as depression, discomfort, obesity, paranoia, anxiety, and even alcohol usage.

How is CBD extracted?

A CBD oil tincture is a substance created by infusing the CBD into a carrier oil to make handling and use of it simpler for your body. You use this by shaking the container slowly first to ensure that the solution is correctly balanced, so you fill one dropper at a time and bring it under the tongue until the correct quantity is achieved. Until swallowing, let it stay under the tongue for 30 seconds to a few minutes to allow better absorption. Experiencing the short-term effects may take 60-90 minutes and maybe several weeks to months to notice long-term results.


In 2018, the U.S. Congress passed what’s regarded as the Farm Bill, a collection of laws revised every five years covering a wide range of services, from growers ‘ loans to consumer protections. The most critical piece of legislation enacted in this recent update has been the regulation of federal-level hemp cultivation, processing, selling, and possession.

Although CBD extracted from cannabis is legal in all 50 states, CBD derived from’ marijuana’ is not lawful federally. Both marijuana and hemp are part of the cannabis family which, in many respects, makes them close. The government categorizes hemp as any cannabis family product that produces less than 0.3 percent THC. This classifies “marijuana” as any cannabis family product that produces THC in excess of 0.3 percent.

Cannabis plants named “Marijuana” have a small percentage of CBD than hemp plants. That is why most CBD brands use CBD from hemp rather than marijuana. Since marijuana has higher THC content, it is not an ideal option for producing CBD products. CBD primarily derived from hemp plants is legal in all 50 states.

CBD produced from Marijuana is Illegal

A compound called THC is the major difference between cannabis and marijuana. This is the compound that gives a high feeling to people when they consume marijuana. Hemp includes little to no THC, which is why only CBD products produced from hemp is lawful across the country.

When you live in a state where the use of medicinal or therapeutic marijuana is legal, then the CBD dependent on marijuana should also be legal. If you want to avoid the risks, staying with hemp-based CBD is safer because it has the same medicinal effects as marijuana-derived CBD.

FDA regulations

Lots of people rave about the Cannabis oil’s medicinal qualities. The only CBD medication licensed by the FDA, however, is a drug called Epidiolex, which is used to manage epilepsy.  Epidiolex is approved by the FDA, and this CBD concentrated, pharmaceutical grade derivative is legal in all 50 states. It suggests that if any other CBD products make any promises about safety, they can risk FDA legal troubles. If you are a retailer, you must remain up to date on all existing CBD regulations. For now, the benefits of hemp-based CBD oil can legally be enjoyed by all in America.


Each hemp-derived CBD drug must satisfy two conditions in order to be legal, according to Idaho state law. Second, 0 percent THC must be included, not just less than 0.3 percent. Second, according to Idaho Code 37-2701(t), it must be classified as “not marijuana.” In simple terms that implies that only certain portions of the hemp plant will produce CBD. CBD is still technically illegal in Nebraska but in a bill passed on May 30, 2019, the state government decriminalized hemp-derived CBD.

Nebraska LB 657 removes hemp and hemp derivatives from the registry of controlled substances. Every CBD product sold in Nebraska must contain less than 0.3 percent THC and meet with specific laws of manufacturing, check and distribution.

These are the only two state level instances regarding the impact of the legality of CBD in all 50 states.

Like CBD products obtained from hemp CBD products originating from marijuana tend to be in a grey area when it comes to legal sale and uses. Some states allow this without medical exemption, while other states require a medical exemption. The only states where marijuana-derived CBD is illegal are Idaho, Nebraska, and South Dakota.


Federal law authorizations for industrial hemp activities are clear. The Farm Bill, though, and other federal industrial hemp legislation, is not preemptive to state law. Just as there are hundreds of jurisdictions in the U.S. that ban sales of alcohol even a century after the repeal of Prohibition, local and state regulations may still limit purchases of industrial hemp goods even where federal law is explicitly permissive. Many jurisdictions tend to see the hemp-derived CBD as no different from marihuana itself. The government classifies any cannabis family plant, which contains more than 0.3 percent of THC as marijuana. The 2018 Farm Bill carries the hope of clearing up many of the misunderstandings and contradictory aspects that accompany CBD.

Dynamic Warriors does its due diligence when handling this pertinent information and encourage you to contact our team for more information on the latest industry research.


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