Cannabidiol, or CBD, is a natural constituent of the cannabis plant. While CBD is mildly psychoactive, it is not intoxicating and can also be extracted for consumption or to be used in topical treatments with relative safety. Lotions, bath bombs, gummies, and gel capsules are some of the most popular CBD products used today. Additionally, cats and dogs respond well to CBD treatments for anxiety, inflammation, and joint pain. But are these types of cannabis products legal to purchase in the United States?
CBD Laws in the USA
According to the 2018 Farm Bill, passed by congress and signed into law by former President Donald J. Trump, hemp products (“Cannabis sativa L.“) and derivatives of cannabis with extremely low concentrations of the psychoactive compound delta-9-tetrahydrocannabinol (THC) (no more than 0.3 percent THC on a dry weight basis) are no longer to be considered to be controlled substances.
Statewide Bans
CBD and other Cannabis sativa derivatives are totally banned by the following three states:
- Idaho
- Nebraska
- South Dakota
Some Unique Restrictions
15 states impose their own unique restrictions on CBD products and sales:
- In order to legally posses CBD in Alabama, you must be in accordance to Leni’s Law stating that you must be diagnosed with a debilitating medical condition and be undergoing treatment or you are part of a state-sponsored clinical trial.
- Georgia only allows patients diagnosed with cancer, ALS, seizures, and other serious medical conditions to legally possess CBD. You can find the list of medical conditions here.
- Indiana passed a law in March of 2018 allowing for the sale, purchase, or possession CBD oil products containing no more than 0.3% THC.
- In Iowa, the Department of Public Health has legalized CBD for individuals suffering from debilitating medical conditions. If you reside in Iowa and you suffer from a serious medical condition that is not yet approved, you can submit a petition to buy CBD.
- In 2018, Kansas passed the Senate Bill 282 allowing any adult to legally purchase CBD as long as the product contains 0% THC.
- In 2017, Kentucky approved the House Bill 333 that legalized the consumption and retail sale of CBD containing up to 0.3% THC .
- In 2014, Mississippi legalized CBD for epileptic patients so long as the product contains more than 15% CBD and no more than 5% THC, has been obtained or tested from the National Center for Natural Products Research at the University of Mississippi, and dispensed by the Department of Pharmacy Services at the University of Mississippi Medical Center.
- North Carolina has legalized CBD containing less than 0.3% THC for patients who suffer from severe epilepsy and is produced in compliance with the North Carolina Industrial Hemp Commission regulations.
- Oklahoma legalized the consumption of CBD for patients of all ages suffering from spasticity, paraplegia, nausea, vomiting, and appetite stimulation under the condition that it is recommended by a doctor.
- In 2014, South Carolina passed Julian’s Law which legalized the possession and use of CBD for epileptic patients who obtain a recommendation from a physician.
- In 2016, Tennessee legalized the use of CBD containing no more than 0.9% THC for epileptic patients who have been properly diagnosed and individuals who possess a legal order.
- Texas allows the use of CBD for epileptic patients. However, the product must contain at least 10% CBD and no more than 0.5% THC.
- Virginia legalized CBD oil to treat any medical condition as long as the patient has been diagnosed by a licensed practitioner.
- In 2017, Wisconsin legalized the use of CBD with a physician’s approval for any medical condition.
- Wyoming has legalized CBD use but only for patients with epilepsy who have been unsuccessfully treated with various alternatives. Their petition for the possession and use of CBD must be approved by the state’s Department of Health.