As CBD continues to grow in popularity, one question remains; where can I legally buy CBD oil in 2019? Or, is CBD oil legal in all the 50 US states?
Well, the short answer is yes, CBD oil is legal in all the 50 US states, but … (Now so many things and conditions come after the ‘but’ as you will soon see)
The Legal Status of CBD Oil In 2019
Whether CBD is legal in all the 50 US states depends on several factors, with the primary factor being whether CBD is derived from marijuana or hemp.
Although the two plants come from the same family, they are very different in the eyes of the law. It is, therefore, crucial to understand their difference as this will come in handy in determining the legality of CBD in your state.
The Legality of Marijuana and Hemp-Based CBD Oil
As aforementioned, both hemp and marijuana come from the same family. This means that they share a lot of similar properties and characteristics. However, it is crucial to note that the two plants are very different as far as chemical composition is concerned.
While hemp plant contains less than 0.3% THC, marijuana plant may contain up to 30% THC. Now, you may be wondering what THC is. THC, short for Tetrahydrocannabinol is the component responsible for the ‘high’ effect in the marijuana plant. According to federal law, THC is still illegal.
The legality of Hemp-Derived CBD
With the passing of the 2018 hemp bill, hemp was removed from the list of Schedule 1 substances and classified as an agricultural commodity. This means that it is now legal to grow, use, and transport hemp-derived CBD within state lines.
Contrary to the common belief, the 2018 hemp bill did not legalize both hemp and marijuana-derived CBD. It only legalized hemp-based CBD which still has to meet the following conditions;
- The hemp must be sourced from a skilled and licensed farmer.
- The hemp must not contain more than 0.3% THC.
The legality of Marijuana-Based CBD Oil
Hemp-based CBD is federally legal as long as it follows the stipulated regulations. The same, however, cannot be said of marijuana-based CBD since it is sourced from an illegal plant.
However, some states such as Colorado and California have legalized the recreational use of marijuana. There are still some states that have legalized the use of marijuana CBD for specific medical conditions. This is explained below.
States Where You Can Get Marijuana-Based CBD Oil
At the time of writing this article, ten states have legalized the use of both hemp and marijuana for medical and recreational use. These states are:
If you reside in any of these states, then you can easily obtain both marijuana and hemp-based CBD oils. However, it is crucial that you consult with your doctor to ascertain that CBD products are safe for your health.
States Where I Can Get Marijuana-Based CBD Oil for Medicinal Use
At the time of writing this article, 47 states have legalized the use of marijuana-based CBD oil for medicinal use.
However, it is crucial to note that each of these states has specific laws and regulations controlling the use of medical marijuana. In most of these states, the CBD must not have more than 0.3% THC content. Still, you might be required to have a medical marijuana card before accessing these products.
The states that allow the medical use of marijuana-based CBD oil include Arizona, Alaska, California, Arkansas, Delaware, Colorado, Connecticut, Florida, Illinois, Hawaii, Massachusetts, Maine, Maryland, Nevada, Michigan, Montana, New Hampshire, Minnesota, New Jersey, West Virginia, New York, Washington, New Mexico, Vermont, Ohio, Rhode Island, North Dakota and Oregon.
States such as Wyoming, Virginia, Utah, Wisconsin, South Carolina, Texas, South Carolina, North Carolina, Missouri, Oklahoma, Mississippi, Indiana, Kentucky, Georgia, and Lowa have regulations that allow for the use of marijuana-based CBD oil under specific conditions or circumstances.
Alabama also falls in this class. The state is famous for its highly restrictive laws regulating the use of marijuana. In 2014 and 2016, laws were passed legalizing the use of both hemp and marijuana-based CBD for medicinal use. At the moment, recreational use of CBD is also legal in this state.
If you are looking for the best CBD oil in Alabama, it is worth noting that at the moment, the state does not have any brick-and-mortar CBD shop. However, you can easily order CBD oil from various online platforms.
As already mentioned, you might be required to have a medical marijuana card for you to access marijuana-based CBD oil. Please note that the requirements to obtain this card varies from state to state, and so you should be aware of the regulations in your area.
States Where You Can’t Use Marijuana-Based CBD Oil Legally
So far, we have seen states where both hemp and marijuana-derived CBD oils are legal to some extent. However, three states have not legalized the use of marijuana-based CBD oil. These states are South Dakota, Nebraska, and Idaho.
Although you can still obtain CBD oil while in these states, it is crucial that you proceed with caution to avoid getting into the wrong side of the law.
Where Can I Obtain CBD Oil Legally In the US?
As you have seen, hemp-derived CBD oil is legal in all the 50 US states. This means that you are within your legal rights to use this type of CBD oil while in any part of the country. However, due to the difference in laws and regulations, some states are friendlier to the use of CBD oil than others.
When it comes to marijuana-based CBD oil, it is vital that you understand the laws controlling or regulating its use. It is therefore crucial that you do your research, and if necessary, seek the help of a lawyer. This will ensure that you understand the law as well as your rights.