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Legality of CBD Oil: State-by-State & Everything You Need to Know

Welcome to one of the most confusing topics of our time. While it’s awesome that the push for marijuana legality in the US has resulted in widespread lifts of bans, it has also led to a lot of confusion across the board about what’s legal and what’s not. And if you’re also wondering where to get CBD, it can become even more confusing when you consider each state has different laws. This is an admittedly complex topic, but we are going to make it as easy to understand as possible in this state-by-state guide. If you’re a marijuana enthusiast, you’ll probably be interested in the ins and outs of the laws. But, if you’re just trying to find out where to get CBD legally, you can simply skim down to your respective state (and border states) to see what the laws say. Without further adieu, let’s dive in.

 

Is CBD Oil legal across the entire United States?

Wouldn’t this be so simple and nice to just make it legal federally? Sadly, that’s not the case. In fact, the Drug Enforcement Administration still classifies cannabis (the entire plant) as a Schedule I drug, which are “drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse.” This court decision is being heavily criticized, rebuked, and appealed among various producers, unions, and advocacy groups — but for now, it means we have to look at individual state laws to determine the legality of CBD.

CBD from Hemp vs CBD from Marijuana

The reason that the DEA ruled in favor of keeping CBD classified as a schedule I drug is because it is extracted from marijuana flowers. However, there is huge criticism around this because it’s impossible to determine whether CBD oil came from a hemp plant or a marijuana plant. What’s the difference, and why does it matter? A hemp plant doesn’t contain any THC, which is the compound within cannabis that has psychoactive effects. In simple terms, THC is responsible for making you feel “high”. If you’ve been following our blogs, then you probably already know that you cannot get high from CBD oil. And this is a huge reason that CBD advocates are frustrated. Because you can’t get high from CBD oil, it shouldn’t matter whether the substance came from a hemp plant or a marijuana plant. We suspect this will continue to go round and round in the court systems, but until then, we’ll just focus on clarity in states’ individual laws to help you determine where to get CBD.

What is pure CBD oil?

This is also important to establish when discussing the legality of CBD — as well as just to know in general about CBD oil. Let’s start with the legal stuff.

In many states where marijuana is completely legal, CBD/THC blends are sold. This is not pure CBD oil because it is blended with THC. However, combining the two is said to have very potent health benefits. According to Healthline, “Several human studies have found that a combination of CBD and THC is effective in treating pain related to multiple sclerosis and arthritis. An oral spray called Sativex, which is a combination of THC and CBD, is approved in several countries to treat pain related to multiple sclerosis.” Great if you’re in states that allow for widespread marijuana use, not great if your state only allows for the use of pure CBD oil.

It also should be pointed out that if you have to face a drug test at work, you may want to avoid any products with THC in them. Even CBD oil that isn’t blended with THC can have trace amounts of the compound. In order to classify as pure CBD oil, it should contain less than 0.03% trace amounts of THC. Be sure to check any products you buy to ensure that it’s not a blend that contains THC. Also be sure to check for any other additives that producers may be using that could make the CBD less potent. In our store , we are proud to offer pure CBD oil across many different products — from e-juice to edibles to pet treats and more.

 

Legality of CBD, State-by-State

Wondering what’s legal and where to get CBD based on your location? The below list shares the specifics based each state in the US, as well as the District of Columbia (Washington D.C.). You’ll find that there is a lot of variance among the states and that only three states still consider marijuana, in all forms, illegal. Sorry residents of Idaho, Nebraska, and South Dakota — but you cannot buy pure CBD oil or any other form of marijuana in your state!

 

Alabama - AL: Cannabidiol derived from hemp and containing no more than 0.3 percent THC is legal to produce, sell and possess in Alabama (source).” You may only use medical CBD legally if you are part of a state-sponsored clinical trial or if you qualify under Leni’s Law for having a debilitating medical condition for which they are currently under treatment.


Alaska - AK: 
Marijuana is legalized both medically and recreationally. Therefore, CBD oil is completely legal (as long as you’re over age 18).


Arizona - AZ: 
Medical marijuana is legal here, but recreational marijuana is not. Therefore, you can legally use pure CBD oil in this state, but if you want CBD oil blended with THC, you’ll need to obtain a medical marijuana card from a doctor.


Arkansas - AR: 
Medical marijuana is legal here, but recreational marijuana is not. Therefore, you can legally use pure CBD oil in this state, but if you want CBD oil blended with THC, you’ll need to obtain a medical marijuana card from a doctor.


California - CA: 
Marijuana is legalized both medically and recreationally. However, CBD oil derived from Hemp is not legal.


Colorado - CO: 
Marijuana is legalized both medically and recreationally. Therefore, CBD oil is completely legal (as long as you’re over age 18).


Connecticut - CT: 
Medical marijuana is legal here, but recreational marijuana is not. Therefore, you can legally use pure CBD oil in this state, but if you want CBD oil blended with THC, you’ll need to obtain a medical marijuana card from a doctor.


Delaware - DE: 
Medical marijuana is legal here, but recreational marijuana is not. Therefore, you can legally use pure CBD oil in this state, but if you want CBD oil blended with THC, you’ll need to obtain a medical marijuana card from a doctor.


Florida - FL: 
Medical marijuana is legal here, but recreational marijuana is not. Therefore, you can legally use pure CBD oil in this state, but if you want CBD oil blended with THC, you’ll need to obtain a medical marijuana card from a doctor.


Georgia - GA: 
With over a dozen qualifying conditions, medical CBD oil must be prescribed by doctors. However, hemp-derived CBD oil is legal for all residents.


Hawaii - HI: 
Medical marijuana is legal here, but recreational marijuana is not. Therefore, you can legally use pure CBD oil in this state, but if you want CBD oil blended with THC, you’ll need to obtain a medical marijuana card from a doctor.


Idaho - ID: 
All forms of marijuana use are illegal here.


Illinois - IL: 
Medical marijuana is legal here, but recreational marijuana is not. Therefore, you can legally use pure CBD oil in this state, but if you want CBD oil blended with THC, you’ll need to obtain a medical marijuana card from a doctor.


Indiana - IN: 
CBD oil is legal so long as it contains less than 0.3% THC.


Iowa - IA: 
It’s a bit tricky here. CBD oil is being sold widespread across the state, and authorities are maintaining that it’s illegal. However, those selling it maintain that is legal because it is made from hemp and is below the 0.3% THC threshold. Although the debate is stirring, shops aren’t being shut down and users aren’t being convicted.


Kansas - KS: 
CBD is exempt from the state’s criminal code against marijuana, so long as it contains 0% THC.


Kentucky - KY: 
CBD oil made from hemp is legal.


Louisiana - LA: 
Medical marijuana is legal here, but recreational marijuana is not. Therefore, you can legally use pure CBD oil in this state, but if you want CBD oil blended with THC, you’ll need to obtain a medical marijuana card from a doctor.


Maine - ME: 
Marijuana is legalized both medically and recreationally. Therefore, CBD oil is completely legal (as long as you’re over age 18).


Maryland - MD: 
Medical marijuana is legal here, but recreational marijuana is not. Therefore, you can legally use pure CBD oil in this state, but if you want CBD oil blended with THC, you’ll need to obtain a medical marijuana card from a doctor.


Massachusetts - MA: 
Marijuana is legalized both medically and recreationally. Therefore, CBD oil is completely legal (as long as you’re over age 18).


Michigan - MI: 
Marijuana is legalized both medically and recreationally. Therefore, CBD oil is completely legal (as long as you’re over age 18).


Minnesota - MN: 
Medical marijuana is legal here, but recreational marijuana is not. Therefore, you can legally use pure CBD oil in this state, but if you want CBD oil blended with THC, you’ll need to obtain a medical marijuana card from a doctor.


Mississippi - MS: 
CBD oil made from hemp is legal, and medical CBD oil is available for those suffering from epilepsy.


Missouri - MO: 
Medical marijuana is legal here, but recreational marijuana is not. Therefore, you can legally use pure CBD oil in this state, but if you want CBD oil blended with THC, you’ll need to obtain a medical marijuana card from a doctor.


Montana - MT: 
Medical marijuana is legal here, but recreational marijuana is not. Therefore, you can legally use pure CBD oil in this state, but if you want CBD oil blended with THC, you’ll need to obtain a medical marijuana card from a doctor.


Nebraska - NE: 
All forms of marijuana use are illegal here.


Nevada - NV: 
Marijuana is legalized both medically and recreationally. Therefore, CBD oil is completely legal (as long as you’re over age 18).


New Hampshire - NH: 
Medical marijuana is legal here, but recreational marijuana is not. Therefore, you can legally use pure CBD oil in this state, but if you want CBD oil blended with THC, you’ll need to obtain a medical marijuana card from a doctor.


New Jersey - NJ: 
Medical marijuana is legal here, but recreational marijuana is not. Therefore, you can legally use pure CBD oil in this state, but if you want CBD oil blended with THC, you’ll need to obtain a medical marijuana card from a doctor.


New Mexico - NM: 
Medical marijuana is legal here, but recreational marijuana is not. Therefore, you can legally use pure CBD oil in this state, but if you want CBD oil blended with THC, you’ll need to obtain a medical marijuana card from a doctor.


New York - NY: 
Medical marijuana is legal here, but recreational marijuana is not. Therefore, you can legally use pure CBD oil in this state, but if you want CBD oil blended with THC, you’ll need to obtain a medical marijuana card from a doctor.


North Carolina - NC: 
CBD oil made from hemp is legal, and medical CBD oil is available for those suffering from epilepsy.


North Dakota - ND: 
Medical marijuana is legal here, but recreational marijuana is not. Therefore, you can legally use pure CBD oil in this state, but if you want CBD oil blended with THC, you’ll need to obtain a medical marijuana card from a doctor.


Ohio - OH: 
Medical marijuana is legal here, but recreational marijuana is not. Therefore, you can legally use pure CBD oil in this state, but if you want CBD oil blended with THC, you’ll need to obtain a medical marijuana card from a doctor.


Oklahoma - OK: 
Medical marijuana is legal here, but recreational marijuana is not. Therefore, you can legally use pure CBD oil in this state, but if you want CBD oil blended with THC, you’ll need to obtain a medical marijuana card from a doctor.


Oregon - OR: 
Marijuana is legalized both medically and recreationally. Therefore, CBD oil is completely legal (as long as you’re over age 18).


Pennsylvania - PA: 
Medical marijuana is legal here, but recreational marijuana is not. Therefore, you can legally use pure CBD oil in this state, but if you want CBD oil blended with THC, you’ll need to obtain a medical marijuana card from a doctor.


Rhode Island - RI: 
Medical marijuana is legal here, but recreational marijuana is not. Therefore, you can legally use pure CBD oil in this state, but if you want CBD oil blended with THC, you’ll need to obtain a medical marijuana card from a doctor.


South Carolina - SC: 
CBD oil made from hemp is legal, and medical CBD oil is available for those suffering from epilepsy.


South Dakota - SD: 
All forms of marijuana use are illegal here.


Tennessee - TN: 
CBD oil made from hemp is legal, and medical CBD oil is available for those suffering from epilepsy.


Texas - TX: 
CBD oil made from hemp is legal, and medical CBD oil is available for those suffering from epilepsy.


Utah - UT: 
Medical marijuana is legal here, but recreational marijuana is not. Therefore, you can legally use pure CBD oil in this state, but if you want CBD oil blended with THC, you’ll need to obtain a medical marijuana card from a doctor.


Vermont - VT: 
Marijuana is legalized both medically and recreationally. Therefore, CBD oil is completely legal (as long as you’re over age 18).


Virginia - VA: 
CBD oil made from hemp is legal, and medical CBD oil is available so long as a doctor prescribes it.


Washington - WA: 
Marijuana is legalized both medically and recreationally. Therefore, CBD oil is completely legal (as long as you’re over age 18).


West Virginia - WV: 
Medical marijuana is legal here, but recreational marijuana is not. Therefore, you can legally use pure CBD oil in this state, but if you want CBD oil blended with THC, you’ll need to obtain a medical marijuana card from a doctor.


Wisconsin - WI: 
CBD oil made from hemp is legal, and medical CBD oil is available so long as a doctor prescribes it. 


Wyoming - WY: 
CBD oil made from hemp is legal, and medical CBD oil is available for those who suffer from seizure disorders, only if other treatments have previously been proven ineffective for respective patients.

 

Washington, D.C.: Marijuana is legalized both medically and recreationally. Therefore, CBD oil is completely legal (as long as you’re over age 18).

So there you have it! Now that you know what’s legal and what’s not in your state, you may be wondering where to get CBD. The answer is right here in our online store! We’d love to help you find the right CBD product for you. Reach out to us with any questions, and happy shopping!

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