Where is cbd legal for medical and recreational patients? where is it illegal?

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In recent years CBD has grown in popularity; it is used by everyone from chronic pain sufferers to athletes to people suffering from depression and anxiety – its potential uses are vast and varied. Despite its growing consumption, marijuana-derived CBD (an important distinction we will discuss in a moment) remains illegal in four states.

This is because each US state has its own laws on under what conditions marijuana-derived CBD is legal and how it should be obtained, further muddying the waters. There is good news, though: Thanks to the 2018 Farm Bill, hemp is legally separated from its intoxicating cousin marijuana and defined as an agricultural commodity instead of an illegal substance. Therefore CBD produced from hemp is legal at the federal level in all 50 states as well as Washington.

Contents
  1. The Legality of CBD: A Possible Warning
  2. Legal CBD: Even at the federal level, the legal status of CBD is not always clear, and not even all government agencies seem to fully agree with it. In December 2016, a statement by the DEA stated that all hemp extracts (including CBD), regardless of origin (hemp or marijuana), are illegal under federal law and therefore possession is potentially prosecutable. This is the DEA’s attempt to say that you can legally grow hemp under the 2014 version of the Farm Bill, but you cannot extract CBD oil from it. This statement is being challenged in court by both CBD growers and patients, but pending a court ruling or a change in federal law, it remains a gray legal area. To be clear, this strict interpretation of the law has not yet been implemented (and even if it were, legal protections exist in many states that protect people from federal prosecution for CBD possession). Our position is that technically hemp-derived CBD is legal in all 50 states – until we see the law enforced in a way that proves otherwise. The fact that even stores like Whole Foods have started stocking products containing hemp CBD is proof of this. We still recommend buying from a more reputable company instead. Since each state has its own laws regarding the legality of marijuana-derived CBD products, the question “Is it legal?” can be difficult to answer. Here we will discuss how different CBD products are classified under the law and then lay out their legality by state. Hemp and Cannabis Derived CBD: Hemp contains various cannabinoids, a class of chemicals that act on the brain’s endocannabinoid receptors. THC, the most glamorous and best known of the cannabinoids, is responsible for the high you get when you consume cannabis and is the reason why the plant is subject to such strict legal measures. Here’s where things start to get a little technical: The term “cannabis” can refer to both marijuana , a plant variety with a high THC content that is illegal in many states and federally, and hemp , a plant variety with a THC content of less than 0.3% (according to federal regulations). Hemp was legalized for cultivation at the federal level under the 2018 Farm Bill, which legally separates hemp from marijuana and defines it like any other agricultural crop. Although CBD, CBN, CBG and other non-psychoactive (i.e., they won’t get you high no matter how much you smoke) cannabinoids can be derived from marijuana, they are most commonly derived from hemp in an attempt to circumvent legal prohibitions on marijuana extracts. If these extracts are derived from hemp, they are technically legal in all fifty states and the District of Columbia. However, the FDA still considers CBD a drug and is therefore trying to crack down on companies selling it and other hemp extracts. Also, in most states with legal CBD programs, there is no infrastructure in place to allow patients to buy it legally. This means that although patients can legally possess and use CBD, they may not be able to legally access CBD in their home state. This can make it difficult to obtain CBD through a dispensary, even in areas where its use is legal. Some vendors rely on the uncertainty of local and federal laws to continue operating in the communities they serve. Others offer their products for sale over the internet because shipping CBD that meets farm law requirements is (technically) legal nationwide. To summarize: Under the 2018 Farm Bill, CBD derived from hemp is legal for use anywhere in the US without a medical or prescription use license, and online CBD companies operate this way. However, marijuana-derived CBD is a more difficult issue – due to its higher THC content, it remains illegal in many states. Next, we will explain what type of marijuana-derived CBD legislation each state has passed and what this means for you as a consumer. Marijuana-derived CBD: The District of Columbia and a total of eight US states – Alaska, California, Colorado, Colorado, Maine, Massachusetts, Nevada, Oregon and Washington – allow the recreational use of marijuana. This means that in these states you can buy and use CBD products derived from marijuana without a prescription. In November, Michigan became the first state in the Midwest to legalize weed by approving a measure legalizing both medical and recreational use of marijuana. This means that CBD is now legal for over-the-counter consumption in Michigan. However, it will take some time for the market to develop enough to make recreational cannabis (and CBD derived from cannabis) widely available to the general public. Marijuana Derived CBD: The use of marijuana and marijuana-derived CBD is currently approved for medical use in 46 states, including the eight states mentioned above, often to treat difficult-to-treat or drug-resistant conditions such as epilepsy and multiple sclerosis. In 37 of these states (excluding nine states where all cannabis is allowed for recreational use), you are required to have a doctor’s prescription to obtain marijuana-derived CBD products from licensed dispensaries. The amount of THC allowed in these products varies from state to state; some require levels of 0.3% or less, while others can be as high as 8% (see the table below for more details on specific restrictions in your state). To be more specific, the following 21 states allow the medical use of all marijuana products, including CBD: Arizona, Arkansas, Connecticut, Delaware, Florida, Hawaii, Illinois, Maryland, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Pennsylvania, Rhode Island, Vermont and West Virginia. The remaining 17 states (which, rather confusingly, also includes Delaware from the previous 21 states) – Alabama, Florida, Georgia, Indiana, Iowa, Kentucky, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia, Wisconsin and Wyoming – have only passed laws allowing the legal medical use of CBD oil, but not other hemp extracts. Marijuana-derived CBD: There are currently four US states that have banned any marijuana product, including CBD. Despite CBD’s legal status, there are still businesses in these states – Idaho, Kansas, Nebraska and South Dakota – that are able to sell CBD products due to lack of enforcement or difficulty interpreting conflicting federal and state laws. For example, a business in Idaho circumvents the legal issue by claiming that all of their CBD is derived from mature hemp stalks, which are part of the plant that is not considered marijuana under that state’s laws. Situations like these illustrate the confusing and often contradictory nature of the legality of CBD. If you live in one of these states, we recommend purchasing CBD derived from hemp as it is compliant with the 2018 Farm Bill and can be ordered online. CBD and Drug Testing Drug testing is a minefield for many cannabis users (even those in legal states) and it makes sense to ask yourself whether CBD as a cannabinoid will show up on a drug test. The short answer is that it is complicated. Like much of cannabis and hemp science, there is still a lot we don’t understand about how taking CBD could potentially affect drug tests. Avoiding full-spectrum products containing trace amounts of THC can help you limit your risk of false positives, but a small body of research suggests that even isolated products may not be completely risk-free, especially at high doses. There is no strong consensus that the risk of false positives from MCBD intake is zero, so it is important to keep this risk in mind when deciding whether CBD is right for you. If routine drug testing is a condition of your job, we recommend reading our article on CBD and drug testing to make an informed decision. Is Les CBD Legal in Your State? Look at the table below to see under what circumstances CBD produced with marijuana is legal in your state. YouTube video: Where is CBD legal for medical and recreational patients? Where is it illegal? State Hemp CBD is legal Hemp CBD is legal without a doctor’s prescription Hemp CBD is legal without a doctor’s prescription Marijuana-CBD derivative legal by prescription Medical CBD legal under certain conditions Alabama Yes No Yes Yes This is only allowed for epilepsy cases (Carly’s Law 2014) Alaska Yes Yes Yes Yes Yes Yes Yes Arizona Yes No Yes Arkansas Yes Yes No Yes California Yes Yes Yes Yes Yes California Get your MMJ card here Colorado Yes Yes Yes Yes Connecticut Yes No Yes Delaware Yes No Yes Yes Yes Yes This is only allowed for drug-resistant epilepsy and muscle contractions in children (Rylie’s Law 2015) Florida Yes No Yes Yes No more than 8% THC; Only allowed for certain conditions such as seizures (2014) Georgia Yes No Yes No more than 5% THC; only allowed for certain conditions such as PTSD and chronic pain (Haley’s Hope Act of 2015.) Hawaii Yes No Yes Idaho Yes No No No Illinois Yes No Yes Yes Indiana Yes No Yes No Yes No more .3% THC; only for drug-resistant epilepsy (2017) One of the few states to officially legalize CBD derived specifically from hemp (2018) Iowa Yes Yes No Yes No more than 3% THC; only for certain chronic conditions such as MS (2017.) Kansas Yes No No No No Kentucky Yes No Yes Louisiana Yes No Yes Yes Yes This is only allowed for certain chronic conditions such as MS (2017.) Maine Yes Yes Yes Yes Yes Maryland Yes Yes No Yes Massachusetts Yes Yes Yes Yes Yes Michigan Yes Yes Yes (as of November 2018.) Yes Minnesota Yes No Yes Mississippi Yes Yes No Yes No No No more .5% THC; only for children with severe seizures (Harper Grace Act of 2014) Missouri Yes No Yes Yes More than .3% THC; only allowed for drug-resistant epilepsy (2014.) Montana Yes No Yes Nebraska Yes No No No No Nevada Yes Yes Yes Yes Yes Get your Nevada MMJ card here New Hampshire Yes Yes No Yes New Jersey Yes No Yes Yes New Mexico Yes No Yes Yes Yes New York Yes No Yes New York Get your MMJ card here North Carolina Yes No Yes Yes No Yes Not more .3 THC; only allowed for drug-resistant epilepsy (2014.) North Dakota Yes No Yes Ohio Yes No No Yes Oklahoma Yes Yes No Yes No Yes No more.3% THC; only allowed for drug-resistant epilepsy (2015.) Oregon Yes Yes Yes Yes Yes Pennsylvania Yes No Yes Rhode Island Yes No Yes South Carolina Yes No Yes No No No more.9% THC; only allowed for drug-resistant epilepsy (Julian’s Law of 2014) South Dakota Yes No No No No Tennessee Yes No Yes No No No No more than .9 THC; only allowed for drug-resistant epilepsy (2015) Texas Yes No Yes No Yes Up to .5 THC; for drug-resistant epilepsy only (2015) Utah Yes No Yes No Yes Up to .3% THC; only allowed for drug-resistant epilepsy (Charlee’s Law 2014) Vermont Yes No Yes Virginia Yes No No Yes No No Yes No Yes No more than 5% THC; “For any diagnosed condition or disease ascertained by the general practitioner , benefit from such use” Washington Yes Yes Yes Yes West Virginia Yes No Yes Wisconsin Yes No Yes Yes Yes Only allowed under certain conditions (2017.) Wyoming Yes No Yes No more than .3% THC; only allowed for drug-resistant epilepsy (2015.) District of Columbia Yes Yes Yes Yes Yes
  3. Hemp and Cannabis Derived CBD: Hemp contains various cannabinoids, a class of chemicals that act on the brain’s endocannabinoid receptors. THC, the most glamorous and best known of the cannabinoids, is responsible for the high you get when you consume cannabis and is the reason why the plant is subject to such strict legal measures. Here’s where things start to get a little technical: The term “cannabis” can refer to both marijuana , a plant variety with a high THC content that is illegal in many states and federally, and hemp , a plant variety with a THC content of less than 0.3% (according to federal regulations). Hemp was legalized for cultivation at the federal level under the 2018 Farm Bill, which legally separates hemp from marijuana and defines it like any other agricultural crop. Although CBD, CBN, CBG and other non-psychoactive (i.e., they won’t get you high no matter how much you smoke) cannabinoids can be derived from marijuana, they are most commonly derived from hemp in an attempt to circumvent legal prohibitions on marijuana extracts. If these extracts are derived from hemp, they are technically legal in all fifty states and the District of Columbia. However, the FDA still considers CBD a drug and is therefore trying to crack down on companies selling it and other hemp extracts. Also, in most states with legal CBD programs, there is no infrastructure in place to allow patients to buy it legally. This means that although patients can legally possess and use CBD, they may not be able to legally access CBD in their home state. This can make it difficult to obtain CBD through a dispensary, even in areas where its use is legal. Some vendors rely on the uncertainty of local and federal laws to continue operating in the communities they serve. Others offer their products for sale over the internet because shipping CBD that meets farm law requirements is (technically) legal nationwide. To summarize: Under the 2018 Farm Bill, CBD derived from hemp is legal for use anywhere in the US without a medical or prescription use license, and online CBD companies operate this way. However, marijuana-derived CBD is a more difficult issue – due to its higher THC content, it remains illegal in many states. Next, we will explain what type of marijuana-derived CBD legislation each state has passed and what this means for you as a consumer. Marijuana-derived CBD: The District of Columbia and a total of eight US states – Alaska, California, Colorado, Colorado, Maine, Massachusetts, Nevada, Oregon and Washington – allow the recreational use of marijuana. This means that in these states you can buy and use CBD products derived from marijuana without a prescription. In November, Michigan became the first state in the Midwest to legalize weed by approving a measure legalizing both medical and recreational use of marijuana. This means that CBD is now legal for over-the-counter consumption in Michigan. However, it will take some time for the market to develop enough to make recreational cannabis (and CBD derived from cannabis) widely available to the general public. Marijuana Derived CBD: The use of marijuana and marijuana-derived CBD is currently approved for medical use in 46 states, including the eight states mentioned above, often to treat difficult-to-treat or drug-resistant conditions such as epilepsy and multiple sclerosis. In 37 of these states (excluding nine states where all cannabis is allowed for recreational use), you are required to have a doctor’s prescription to obtain marijuana-derived CBD products from licensed dispensaries. The amount of THC allowed in these products varies from state to state; some require levels of 0.3% or less, while others can be as high as 8% (see the table below for more details on specific restrictions in your state). To be more specific, the following 21 states allow the medical use of all marijuana products, including CBD: Arizona, Arkansas, Connecticut, Delaware, Florida, Hawaii, Illinois, Maryland, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Pennsylvania, Rhode Island, Vermont and West Virginia. The remaining 17 states (which, rather confusingly, also includes Delaware from the previous 21 states) – Alabama, Florida, Georgia, Indiana, Iowa, Kentucky, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia, Wisconsin and Wyoming – have only passed laws allowing the legal medical use of CBD oil, but not other hemp extracts. Marijuana-derived CBD: There are currently four US states that have banned any marijuana product, including CBD. Despite CBD’s legal status, there are still businesses in these states – Idaho, Kansas, Nebraska and South Dakota – that are able to sell CBD products due to lack of enforcement or difficulty interpreting conflicting federal and state laws. For example, a business in Idaho circumvents the legal issue by claiming that all of their CBD is derived from mature hemp stalks, which are part of the plant that is not considered marijuana under that state’s laws. Situations like these illustrate the confusing and often contradictory nature of the legality of CBD. If you live in one of these states, we recommend purchasing CBD derived from hemp as it is compliant with the 2018 Farm Bill and can be ordered online. CBD and Drug Testing Drug testing is a minefield for many cannabis users (even those in legal states) and it makes sense to ask yourself whether CBD as a cannabinoid will show up on a drug test. The short answer is that it is complicated. Like much of cannabis and hemp science, there is still a lot we don’t understand about how taking CBD could potentially affect drug tests. Avoiding full-spectrum products containing trace amounts of THC can help you limit your risk of false positives, but a small body of research suggests that even isolated products may not be completely risk-free, especially at high doses. There is no strong consensus that the risk of false positives from MCBD intake is zero, so it is important to keep this risk in mind when deciding whether CBD is right for you. If routine drug testing is a condition of your job, we recommend reading our article on CBD and drug testing to make an informed decision. Is Les CBD Legal in Your State? Look at the table below to see under what circumstances CBD produced with marijuana is legal in your state. YouTube video: Where is CBD legal for medical and recreational patients? Where is it illegal? State Hemp CBD is legal Hemp CBD is legal without a doctor’s prescription Hemp CBD is legal without a doctor’s prescription Marijuana-CBD derivative legal by prescription Medical CBD legal under certain conditions Alabama Yes No Yes Yes This is only allowed for epilepsy cases (Carly’s Law 2014) Alaska Yes Yes Yes Yes Yes Yes Yes Arizona Yes No Yes Arkansas Yes Yes No Yes California Yes Yes Yes Yes Yes California Get your MMJ card here Colorado Yes Yes Yes Yes Connecticut Yes No Yes Delaware Yes No Yes Yes Yes Yes This is only allowed for drug-resistant epilepsy and muscle contractions in children (Rylie’s Law 2015) Florida Yes No Yes Yes No more than 8% THC; Only allowed for certain conditions such as seizures (2014) Georgia Yes No Yes No more than 5% THC; only allowed for certain conditions such as PTSD and chronic pain (Haley’s Hope Act of 2015.) Hawaii Yes No Yes Idaho Yes No No No Illinois Yes No Yes Yes Indiana Yes No Yes No Yes No more .3% THC; only for drug-resistant epilepsy (2017) One of the few states to officially legalize CBD derived specifically from hemp (2018) Iowa Yes Yes No Yes No more than 3% THC; only for certain chronic conditions such as MS (2017.) Kansas Yes No No No No Kentucky Yes No Yes Louisiana Yes No Yes Yes Yes This is only allowed for certain chronic conditions such as MS (2017.) Maine Yes Yes Yes Yes Yes Maryland Yes Yes No Yes Massachusetts Yes Yes Yes Yes Yes Michigan Yes Yes Yes (as of November 2018.) Yes Minnesota Yes No Yes Mississippi Yes Yes No Yes No No No more .5% THC; only for children with severe seizures (Harper Grace Act of 2014) Missouri Yes No Yes Yes More than .3% THC; only allowed for drug-resistant epilepsy (2014.) Montana Yes No Yes Nebraska Yes No No No No Nevada Yes Yes Yes Yes Yes Get your Nevada MMJ card here New Hampshire Yes Yes No Yes New Jersey Yes No Yes Yes New Mexico Yes No Yes Yes Yes New York Yes No Yes New York Get your MMJ card here North Carolina Yes No Yes Yes No Yes Not more .3 THC; only allowed for drug-resistant epilepsy (2014.) North Dakota Yes No Yes Ohio Yes No No Yes Oklahoma Yes Yes No Yes No Yes No more.3% THC; only allowed for drug-resistant epilepsy (2015.) Oregon Yes Yes Yes Yes Yes Pennsylvania Yes No Yes Rhode Island Yes No Yes South Carolina Yes No Yes No No No more.9% THC; only allowed for drug-resistant epilepsy (Julian’s Law of 2014) South Dakota Yes No No No No Tennessee Yes No Yes No No No No more than .9 THC; only allowed for drug-resistant epilepsy (2015) Texas Yes No Yes No Yes Up to .5 THC; for drug-resistant epilepsy only (2015) Utah Yes No Yes No Yes Up to .3% THC; only allowed for drug-resistant epilepsy (Charlee’s Law 2014) Vermont Yes No Yes Virginia Yes No No Yes No No Yes No Yes No more than 5% THC; “For any diagnosed condition or disease ascertained by the general practitioner , benefit from such use” Washington Yes Yes Yes Yes West Virginia Yes No Yes Wisconsin Yes No Yes Yes Yes Only allowed under certain conditions (2017.) Wyoming Yes No Yes No more than .3% THC; only allowed for drug-resistant epilepsy (2015.) District of Columbia Yes Yes Yes Yes Yes
  4. Marijuana-derived CBD:
  5. Marijuana Derived CBD: The use of marijuana and marijuana-derived CBD is currently approved for medical use in 46 states, including the eight states mentioned above, often to treat difficult-to-treat or drug-resistant conditions such as epilepsy and multiple sclerosis. In 37 of these states (excluding nine states where all cannabis is allowed for recreational use), you are required to have a doctor’s prescription to obtain marijuana-derived CBD products from licensed dispensaries. The amount of THC allowed in these products varies from state to state; some require levels of 0.3% or less, while others can be as high as 8% (see the table below for more details on specific restrictions in your state). To be more specific, the following 21 states allow the medical use of all marijuana products, including CBD: Arizona, Arkansas, Connecticut, Delaware, Florida, Hawaii, Illinois, Maryland, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Pennsylvania, Rhode Island, Vermont and West Virginia. The remaining 17 states (which, rather confusingly, also includes Delaware from the previous 21 states) – Alabama, Florida, Georgia, Indiana, Iowa, Kentucky, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia, Wisconsin and Wyoming – have only passed laws allowing the legal medical use of CBD oil, but not other hemp extracts. Marijuana-derived CBD: There are currently four US states that have banned any marijuana product, including CBD. Despite CBD’s legal status, there are still businesses in these states – Idaho, Kansas, Nebraska and South Dakota – that are able to sell CBD products due to lack of enforcement or difficulty interpreting conflicting federal and state laws. For example, a business in Idaho circumvents the legal issue by claiming that all of their CBD is derived from mature hemp stalks, which are part of the plant that is not considered marijuana under that state’s laws. Situations like these illustrate the confusing and often contradictory nature of the legality of CBD. If you live in one of these states, we recommend purchasing CBD derived from hemp as it is compliant with the 2018 Farm Bill and can be ordered online. CBD and Drug Testing Drug testing is a minefield for many cannabis users (even those in legal states) and it makes sense to ask yourself whether CBD as a cannabinoid will show up on a drug test. The short answer is that it is complicated. Like much of cannabis and hemp science, there is still a lot we don’t understand about how taking CBD could potentially affect drug tests. Avoiding full-spectrum products containing trace amounts of THC can help you limit your risk of false positives, but a small body of research suggests that even isolated products may not be completely risk-free, especially at high doses. There is no strong consensus that the risk of false positives from MCBD intake is zero, so it is important to keep this risk in mind when deciding whether CBD is right for you. If routine drug testing is a condition of your job, we recommend reading our article on CBD and drug testing to make an informed decision. Is Les CBD Legal in Your State? Look at the table below to see under what circumstances CBD produced with marijuana is legal in your state. YouTube video: Where is CBD legal for medical and recreational patients? Where is it illegal? State Hemp CBD is legal Hemp CBD is legal without a doctor’s prescription Hemp CBD is legal without a doctor’s prescription Marijuana-CBD derivative legal by prescription Medical CBD legal under certain conditions Alabama Yes No Yes Yes This is only allowed for epilepsy cases (Carly’s Law 2014) Alaska Yes Yes Yes Yes Yes Yes Yes Arizona Yes No Yes Arkansas Yes Yes No Yes California Yes Yes Yes Yes Yes California Get your MMJ card here Colorado Yes Yes Yes Yes Connecticut Yes No Yes Delaware Yes No Yes Yes Yes Yes This is only allowed for drug-resistant epilepsy and muscle contractions in children (Rylie’s Law 2015) Florida Yes No Yes Yes No more than 8% THC; Only allowed for certain conditions such as seizures (2014) Georgia Yes No Yes No more than 5% THC; only allowed for certain conditions such as PTSD and chronic pain (Haley’s Hope Act of 2015.) Hawaii Yes No Yes Idaho Yes No No No Illinois Yes No Yes Yes Indiana Yes No Yes No Yes No more .3% THC; only for drug-resistant epilepsy (2017) One of the few states to officially legalize CBD derived specifically from hemp (2018) Iowa Yes Yes No Yes No more than 3% THC; only for certain chronic conditions such as MS (2017.) Kansas Yes No No No No Kentucky Yes No Yes Louisiana Yes No Yes Yes Yes This is only allowed for certain chronic conditions such as MS (2017.) Maine Yes Yes Yes Yes Yes Maryland Yes Yes No Yes Massachusetts Yes Yes Yes Yes Yes Michigan Yes Yes Yes (as of November 2018.) Yes Minnesota Yes No Yes Mississippi Yes Yes No Yes No No No more .5% THC; only for children with severe seizures (Harper Grace Act of 2014) Missouri Yes No Yes Yes More than .3% THC; only allowed for drug-resistant epilepsy (2014.) Montana Yes No Yes Nebraska Yes No No No No Nevada Yes Yes Yes Yes Yes Get your Nevada MMJ card here New Hampshire Yes Yes No Yes New Jersey Yes No Yes Yes New Mexico Yes No Yes Yes Yes New York Yes No Yes New York Get your MMJ card here North Carolina Yes No Yes Yes No Yes Not more .3 THC; only allowed for drug-resistant epilepsy (2014.) North Dakota Yes No Yes Ohio Yes No No Yes Oklahoma Yes Yes No Yes No Yes No more.3% THC; only allowed for drug-resistant epilepsy (2015.) Oregon Yes Yes Yes Yes Yes Pennsylvania Yes No Yes Rhode Island Yes No Yes South Carolina Yes No Yes No No No more.9% THC; only allowed for drug-resistant epilepsy (Julian’s Law of 2014) South Dakota Yes No No No No Tennessee Yes No Yes No No No No more than .9 THC; only allowed for drug-resistant epilepsy (2015) Texas Yes No Yes No Yes Up to .5 THC; for drug-resistant epilepsy only (2015) Utah Yes No Yes No Yes Up to .3% THC; only allowed for drug-resistant epilepsy (Charlee’s Law 2014) Vermont Yes No Yes Virginia Yes No No Yes No No Yes No Yes No more than 5% THC; “For any diagnosed condition or disease ascertained by the general practitioner , benefit from such use” Washington Yes Yes Yes Yes West Virginia Yes No Yes Wisconsin Yes No Yes Yes Yes Only allowed under certain conditions (2017.) Wyoming Yes No Yes No more than .3% THC; only allowed for drug-resistant epilepsy (2015.) District of Columbia Yes Yes Yes Yes Yes
  6. Marijuana-derived CBD: There are currently four US states that have banned any marijuana product, including CBD. Despite CBD’s legal status, there are still businesses in these states – Idaho, Kansas, Nebraska and South Dakota – that are able to sell CBD products due to lack of enforcement or difficulty interpreting conflicting federal and state laws. For example, a business in Idaho circumvents the legal issue by claiming that all of their CBD is derived from mature hemp stalks, which are part of the plant that is not considered marijuana under that state’s laws. Situations like these illustrate the confusing and often contradictory nature of the legality of CBD. If you live in one of these states, we recommend purchasing CBD derived from hemp as it is compliant with the 2018 Farm Bill and can be ordered online. CBD and Drug Testing Drug testing is a minefield for many cannabis users (even those in legal states) and it makes sense to ask yourself whether CBD as a cannabinoid will show up on a drug test. The short answer is that it is complicated. Like much of cannabis and hemp science, there is still a lot we don’t understand about how taking CBD could potentially affect drug tests. Avoiding full-spectrum products containing trace amounts of THC can help you limit your risk of false positives, but a small body of research suggests that even isolated products may not be completely risk-free, especially at high doses. There is no strong consensus that the risk of false positives from MCBD intake is zero, so it is important to keep this risk in mind when deciding whether CBD is right for you. If routine drug testing is a condition of your job, we recommend reading our article on CBD and drug testing to make an informed decision. Is Les CBD Legal in Your State? Look at the table below to see under what circumstances CBD produced with marijuana is legal in your state. YouTube video: Where is CBD legal for medical and recreational patients? Where is it illegal? State Hemp CBD is legal Hemp CBD is legal without a doctor’s prescription Hemp CBD is legal without a doctor’s prescription Marijuana-CBD derivative legal by prescription Medical CBD legal under certain conditions Alabama Yes No Yes Yes This is only allowed for epilepsy cases (Carly’s Law 2014) Alaska Yes Yes Yes Yes Yes Yes Yes Arizona Yes No Yes Arkansas Yes Yes No Yes California Yes Yes Yes Yes Yes California Get your MMJ card here Colorado Yes Yes Yes Yes Connecticut Yes No Yes Delaware Yes No Yes Yes Yes Yes This is only allowed for drug-resistant epilepsy and muscle contractions in children (Rylie’s Law 2015) Florida Yes No Yes Yes No more than 8% THC; Only allowed for certain conditions such as seizures (2014) Georgia Yes No Yes No more than 5% THC; only allowed for certain conditions such as PTSD and chronic pain (Haley’s Hope Act of 2015.) Hawaii Yes No Yes Idaho Yes No No No Illinois Yes No Yes Yes Indiana Yes No Yes No Yes No more .3% THC; only for drug-resistant epilepsy (2017) One of the few states to officially legalize CBD derived specifically from hemp (2018) Iowa Yes Yes No Yes No more than 3% THC; only for certain chronic conditions such as MS (2017.) Kansas Yes No No No No Kentucky Yes No Yes Louisiana Yes No Yes Yes Yes This is only allowed for certain chronic conditions such as MS (2017.) Maine Yes Yes Yes Yes Yes Maryland Yes Yes No Yes Massachusetts Yes Yes Yes Yes Yes Michigan Yes Yes Yes (as of November 2018.) Yes Minnesota Yes No Yes Mississippi Yes Yes No Yes No No No more .5% THC; only for children with severe seizures (Harper Grace Act of 2014) Missouri Yes No Yes Yes More than .3% THC; only allowed for drug-resistant epilepsy (2014.) Montana Yes No Yes Nebraska Yes No No No No Nevada Yes Yes Yes Yes Yes Get your Nevada MMJ card here New Hampshire Yes Yes No Yes New Jersey Yes No Yes Yes New Mexico Yes No Yes Yes Yes New York Yes No Yes New York Get your MMJ card here North Carolina Yes No Yes Yes No Yes Not more .3 THC; only allowed for drug-resistant epilepsy (2014.) North Dakota Yes No Yes Ohio Yes No No Yes Oklahoma Yes Yes No Yes No Yes No more.3% THC; only allowed for drug-resistant epilepsy (2015.) Oregon Yes Yes Yes Yes Yes Pennsylvania Yes No Yes Rhode Island Yes No Yes South Carolina Yes No Yes No No No more.9% THC; only allowed for drug-resistant epilepsy (Julian’s Law of 2014) South Dakota Yes No No No No Tennessee Yes No Yes No No No No more than .9 THC; only allowed for drug-resistant epilepsy (2015) Texas Yes No Yes No Yes Up to .5 THC; for drug-resistant epilepsy only (2015) Utah Yes No Yes No Yes Up to .3% THC; only allowed for drug-resistant epilepsy (Charlee’s Law 2014) Vermont Yes No Yes Virginia Yes No No Yes No No Yes No Yes No more than 5% THC; “For any diagnosed condition or disease ascertained by the general practitioner , benefit from such use” Washington Yes Yes Yes Yes West Virginia Yes No Yes Wisconsin Yes No Yes Yes Yes Only allowed under certain conditions (2017.) Wyoming Yes No Yes No more than .3% THC; only allowed for drug-resistant epilepsy (2015.) District of Columbia Yes Yes Yes Yes Yes
  7. CBD and Drug Testing
  8. YouTube video: Where is CBD legal for medical and recreational patients? Where is it illegal?

The Legality of CBD: A Possible Warning

However, some counties in states like Texas and North Carolina have filed criminal charges against patients for possessing CBD products – these cases are still under investigation and have not yet resulted in convictions. To date, the cases have not involved CBD in private individuals’ homes; the CBD products were seized from patients while traveling. While it is unlikely that any conviction will withstand the appeals process, this is unrealistic for most of us (who has the time and resources for a lengthy court case?) and does not seem to deter prosecutors from bringing charges.

All of this suggests that it is important to be aware of your local jurisdiction’s position on CBD, especially in states that refuse to issue guidelines in the face of such regulations (such as Texas and North Carolina). This article has been written with a general interpretation of the law in mind and is applicable to most readers. However, like many new laws, the 2018 Farm Bill’s provision on the legality of hemp and CBD is facing some backlash in various places. If you live in one of these places, take appropriate precautions, especially when traveling with CBD.

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