Are CBD products and hemp products legal in your state? If you live in the United States, that question used to depend on which state you lived in. Now, there are some differences between the rules and restrictions in a few states, but overall, CBD is federally legal within the United States. Understanding the difference between CBD and THC, and the difference between hemp and CBD, will help you understand if CBD is legal in your state. Read on to find out if the best CBD capsules are legal and available in your state.
The Difference Between CBD and Hemp
Marijuana, CBD, and hemp all come from the cannabis plant. The cannabis plant is marijuana when it contains a high-amount of THC, or tetrahydrocannabinol, and hemp when it contains less than 0.3% THC, which is the psychoactive component of cannabis and marijuana. Hemp plants may then be turned into CBD oil or hemp oil.
Hemp oil is commonly made from the seeds of the hemp cannabis plants, but can also be made from other parts of the plant. Hemp oil usually contains no THC. Hemp still contains beneficial terpenes and CBD molecules that bind with the body, without a psychoactive high.
CBD products are made from hemp plants, but may contain up to 0.3% THC. CBD products do not get you high, as the amount of THC within them is not enough to produce an effect. These products are often referred to as “full-spectrum.” You cannot overdose on CBD or hemp, but a controlled dose such as the best CBD capsules USA Hemp offers, and understanding how much CBD to take, will help produce the best results.
The 2018 Farm Bill
The 2018 Farm Bill federally legalized industrial hemp with a THC concentration of less than 0.3%. Hemp plants and cannabis plants that contain a non-psychoactive level of THC are considered legal under the 2018 Farm Bill. Therefore, hemp products with less than 0.3% THC are federally legal. CBD is still designated as a prescription drug. However, individual states are still able to pass bills and laws that affect the sale of CBD products within their state, even online.
Is CBD Oil Legal?
Despite the federal changes of 2018, states are still able to make laws and decisions concerning the sale of hemp products and low-THC CBD products. For instance, Texas passed a bill in 2019 that regulates the sale of consumable CBD products, and requires a prescription for low-THC hemp products. A patient must be formally diagnosed with a qualifying medical condition such as epilepsy, terminal cancer, and autism.
In some states such as California and Washington, it is not legal to sell food or beverage hemp products. In Idaho, Iowa, and South Dakota, CBD, even products with less than 0.3% THC, are entirely illegal to possess and consume.
The legality of CBD is subject to change in either way, no matter what state you live in. The 2018 Farm Bill opened the way for the outright sale and legalization of CBD, but it is not completely legal in every state. Some states legalized CBD hemp products several years prior to 2018, and as of 2020, some states may never make THC-free CBD or full spectrum CBD products legal.
This is a guest post by USA Hemp. This post has been edited for syntax and grammar.
The Law offices of Jay Leiderman is not responsible for the accuracy of the content herein or any opinions or ideas expressed herein. This post is for entertainment and literary value and is not intended as legal advice. This post does not establish an attorney-client relationship of any sort. If you have legal questions about ideas presented herein please contact a lawyer knowledgeable in this field of practice.