After the Farm Bill was enacted in the USA in 2018, there was much rejoicing in the CBD world. However, the assumption that CBD is completely legal in all US states is a false one. So, what states is CBD legal in?
The answer to this question is far from simple because while CBD is federally legal to a certain extent as a result of the farm bill, buying CBD online or over the counter is not something that is legal to do across the entire of the United States.
The details of the Farm Bill and what is means for CBD are complex, so allow us to help you unpack them to give a firmer understanding of what states CBD is legal in, and what exactly that means.
CBD and The Farm Bill
When the Farm Bill was signed by President Donald J Trump (Those words still don’t feel quite right together in a line, huh?) many stated that it meant that CBD had been legalised on a federal level, but this is not the case.
What the Bill did do, is remove hemp-derived products from Schedule 1 status, CBD was not included, meaning that CBD is still a Schedule I controlled substance under federal law.
It gets more complex, however, as there are exemptions, sort of.
Any cannabinoid (of which CBD is one) that is derived from hemp is legal as long as it is produced in a way consistent with the Bill, containing a limited amount of THC, and is produced in a specific way that fits with regulations.
This also does not cover over the counter or online purchasing, meaning it is legal to produce CBD products, but is not necessarily legal to sell them to the people in general.
The one exception here is for FDA approved medical products, with Epidiolex, an epilepsy medication that contains CBD and is FDA approved, being the only product currently classified under this exemption.
States Where CBD is Legal…
As you are probably aware, some US states have legalised recreational marijuana use, and a larger number have legalised medical marijuana.
However, again, CBD is not always included in these laws. In fact, there are only 17 states (at the time of writing) which have specific laws relating to CBD, so let’s take a look at them all.
Alabama’s laws have been all over the news recently, but we’re not here to talk about that today. When it comes to CBD, it is illegal in the state, but those with a debilitating epileptic condition can use that as a defence against prosecution.
If Georgia’s on your mind, we have good news for you. A 2015 law, known as the Haleigh’s Hope Act, legalises CBD oil with a THC content of less than 5%.
Those using oil need a Low THC Oil Registry Card, patients with one of 16 conditions, including ALS and cancer, qualify for a card.
Indiana legalised CBD in 2017, for those with treatment-resistant epilepsy. The CBD must contain no more than 5% CBD, and less than 0.3% THC.
Iowa law legalised the dispensing of medical cannabidiol to patients, which started happening at the end of 2018.
Kentucky law as of 2014 legalises CBD when a written order is given by a licensed physician. The law does not address how the CBD is obtained.
Mississippi law states that 15% or less CBD content products are legal if they are obtained from or tested, by and obtained from the University of Mississippi.
We’ve grouped these three because their laws are similar. In essence, CBD is legal for the treatment of epilepsy, although the details differ slightly in each case.
South Carolina legalised CBD in 2014, in cases where a written certification from a physician was given “”stating that the patient has been diagnosed with Lennox-Gastaut Syndrome, Dravet Syndrome, also known as ‘severe myoclonic epilepsy of infancy’, or any other severe form of epilepsy that is not adequately treated by traditional medical therapies.”
Law in South Dakota states that, as of March 2017, CBD is excluded from the definition of marijuana, and is legal as long as the product in question is approved by the FDA.
We know you may get a bit bored if we don’t group some of these. Basically, legal for epilepsy again, details differ slightly.
Virginia had similar epilepsy focused laws, but that was changed in 2018 to include “any diagnosed condition or disease determined by the practitioner to benefit from [CBD] use”.
A 2014 law in Wisconsin legalises CBD that is prescribed for epilepsy, as long as it has no psychoactive properties.
We’ve done this in alphabetical order, but Wyoming is also one of the most interesting cases. As in many of the above cases, CBD (with restrictions) is legal when prescribed for intractable epilepsy.
The interesting thing is that the bill became law because the Governor, Matt Mead, neither signed nor vetoed it. However, it is also not being funded, with the Wyoming Department of Agriculture (WDA) stating that “This legislation had no appropriation attached and in order to start the new program, the WDA needs funding to start and implement the program”.
And there we have it, we made it. We hope we could make a bit more sense of things, but the truth is, it’s a complicated issue, and each state involves a lot of small print.
For the most part, any state where recreational marijuana is legal, CBD is too, but beyond that, it’s worth checking your local laws to be sure of what the situation is.
Is CBD legal in your state? What’s your opinion? Feel free to let us know in the comments below for the chance at a 10% lifetime discount on all our products.