Organizations like the National Conference of State Legislatures, the Marijuana Policy Project and the National Organization for the Reform of Marijuana Laws maintain databases — and interactive data visualizations — like the one below that make it easy to see what’s going on in each state, but for the most up-to-date information, should check the state’s criminal code or agriculture department.
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So, what about all the CBD pills, oils and edibles currently on the market that claim to fight anxiety, decrease pain and curb the spread of cancer? That’s what the FDA is currently trying to figure out.
What state laws say about CBD
Although hemp-derived CBD is now federally legal, many states and cities are updating their laws and they’re not always in line with federal regulations.
The information contained in this article is for educational and informational purposes only and is not intended as health or medical advice. Always consult a physician or other qualified health provider regarding any questions you may have about a medical condition or health objectives.
For instance, Colorado recently made it legal to use all parts of the hemp plant as a food ingredient, whereas products with any amount of THC are still illegal in Texas.
What federal law says about CBD
The Farm Bill also created regulations for hemp farmers, which means, “that any cannabinoid—a set of chemical compounds found in the cannabis plant—that is derived from hemp will be legal, if and only if that hemp is produced in a manner consistent with the Farm Bill, associated federal regulations, association state regulations, and by a licensed grower,” according to the Brookings Institute, a non-profit public policy organization.
Because CBD is also an approved prescription drug (Epidiolex), the FDA still considers CBD a drug ingredient, which means it cannot be marketed and sold as a dietary supplement with therapeutic properties (or even shipped across state lines) without first going through the FDA’s drug approval process — regardless of whether the products are derived from hemp.
For domestic flights, TSA guidelines state that as of January 2020, Consumers can carry and travel with CBD products as long as they are approved by the FDA and contain less than 0.3% THC.
Since the implementation of the Farm Bill, hemp derived products have been hitting the market in droves. Hemp products like CBD are very high in demand especially in the medical and nutritional field since CBD has tons of health benefits and is known to combat a lot of illnesses.
Virginia – CBD is legal if it is obtained legally and if it follows FDA guidelines. Medical conditions also allow for the use of CBD not more than 0.5% THC.
Rhode Island – Legalized medical marijuana and CBD products that are approved by the FDA.
The Farm Bill is legislation passed every 5 years that determines the food and agricultural policy of the federal government. The 2018 farm bill legalized “hemp” which is a big step in the legalization of CBD products.
Cannabidiol (CBD) and tetrahydrocannabinol (THC) are both natural compounds found in the cannabis plant. Both of them share the same molecular structure of 30 hydrogen atoms, 2 oxygen atoms , and 21 carbon atoms.
Utah – Legal to use CBD oil with less than 0.3% THC. CBD edibles are illegal with the exception of gelatin cubes.
Frequently Asked Questions
Here is a quick rundown on the legality status and special laws of CBD in all 50 states:
Delaware – Legalized medical marijuana and CBD products that are approved by the FDA.