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Is CBD Oil Legal: Things You Need to Understand

Is CBD Oil Legal

The consumer market is currently under an overwhelming supply of CBD products. Different manufacturers try to outdo each other by claiming to offer the best CBD products. Consumers are constantly bombarded with adverts of what CBD oils can do. Making sense out of such adverts by consumers is challenging because people are keen to see proven results. However, as consumers grapple with the validity of the claims from manufacturers, another critical hurdle arises: Is CBD oil legal in all 50 states? Both consumers and manufacturers need to be aware of the legality of CBD oil in each State. Manufacturers need this information to help determine potential markets. On the other hand, consumers need this information to know if they can buy the product or not, to avoid clashing with relevant authorities.

What is CBD Oil?

Confusion is raging as to the difference between CBD oil, cannabis oil, marijuana oil and other types of related oils. Here is the thing. Simply put, CBD oil is oil that contains a high ingredient or level of CBD. To break it down further, CBD is a compound that is extracted from the cannabis plant. A cannabis plant produces many cannabidiols and CBD is just one of them. The cannabis plant is referred to differently, depending on the level of THC it carries; others call it marijuana while others call it hemp. In a layman’s understanding, it is an oil containing CBD.

Learn About the History of CBD Oil

Contrary to popular belief, CBD has been around for ages. Its history dates back more than half a century ago with primary use in medication. In ancient Asia, the inhabitants used to mix CBD with wine and used the mixture as anesthesia before carrying out surgeries. In India, CBD found its way in religion and specific celebrations attributed to healings. The case is similar to Egypt. King Pharaoh Ramses II advocated his populace to continually use CBD as it contained medicinal value to certain ailments. The Middle East and ancient Greece also carry a similar history; cannabis was useful to treat a variety of diseases. Injured horses from the battlefield were also treated using cannabis.   

 It is claimed that CBD oil was discovered in 1940 by Dr. Roger Adams. Dr. Adams was working at the University of Illinois when the compound was first identified. The research was advanced with different tests being done on animals to determine results. While still furthering research, scientists discovered that there was a cannabinoid receptor in the brain. The discovery is what shaped the use of CBD oil since it has a positive impact on the human endocannabinoid system.

Is CBD Oil Legal? 

The legality of CBD oil remains grey. The simple answer to this question is yes and no. State and Federal laws have conflicted in the past hence the confusion. At the federal level, CBD oil is legal, but at the state level, it is a different ballgame altogether. Passing of the Farm Bill by Congress in 2018 made hemp an exclusion from the Controlled Substances Act. The Bill also legalized the production of hemp and promoted its cultivation for commercial purposes. The events then legalized CBD at the federal level.

However, some states enacted legislation that made use of CBD illegal even after the passing at the federal level. The legality of CBD oil, therefore, varies from State to State. It is legal in some states and illegal in others.  

Legal Status of CBD in Each State

Different states have varying legislation as to how CBD is treated; either as an approved product or a banned substance. Below is the breakdown of its legality in each State. 

  • Alabama

A public notice was issued by its attorney general allowing production and trading of CBD derived from hemp. 

  • Alaska

Department of Natural Resources requires retailers of CBD to register with it before engaging in any trade of CBD. 

  • Arizona

CBD is legalized in this State 

  • Arkansas

CBD was excluded from controlled substances act making it legal. You don’t need a license or permit to trade in it.  

  • California

The public health department of California outlawed CBD in all foods hence illegal. You are therefore likely to fail CBD oil drug test should you use CBD oil and reside here.  

  • Colorado

The State has legalized CBD and its infused products. CBD oil Coloradois therefore available for sale here.  

  • Connecticut

It is legal to buy and use CBD here.

  • Delaware

CBD products are legal here since 2014. 

  • Florida

The State is making rules governing the use of commercial hemp. At the moment, it is legal and remains unregulated. CBD oil Florida is commonly found here. 

  • Georgia

In this State, for CBD to be legal, it should not contain more than 5% of THC. 

  • Hawaii

According to the health department here, only CBD products with a prescription are considered legal.  

  • Idaho

CBD should not have any trace of THC for it to be considered legal. Any levels of THC make it illegal.  

  • Utah

A registration card for hemp extraction is needed here. The same can be obtained from the department of health. CBD oil Utah is available here from those with the certificate.  

  • Texas

CBD is considered legal here if it doesn’t have any trace of THC. However, medical marijuana is considered illegal. Possess any product containing THC and you will be charged with a felony by the authorities. CBD oil Texas with 0% THC is available for sale here.  

  • Illinois

The use of CBD for medicinal purposes has been legal here. Other uses for CBD have also been made legal beginning January 2020.  

  • Indiana

Possession and trading of CBD are allowed here.  

  • Iowa

Only medical CBD dispensaries can sell CBD products 

  • Kansas

The use of CBD with no THC is allowed here. For medicinal purposes, CBD should not contain THC above 5%.  

Some states have allowed the use of CBD for medicinal purposes only, and they include Louisiana, Maine, Maryland, Massachusetts, Mississippi, Missouri, South Carolina, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Wisconsin, and Washington. In Nebraska and South Dakota, CBD is illegal.

CBD Oil Legal

Can You Travel With CBD Oil? 

In recent developments, the TSA has had a change in its policies. The move allows travel with medical marijuana that is approved by the FDA. The CBD used should also conform to the requirements of the Farm Bill. It, therefore, permits passengers to travel with CBD extracted from hemp but with less than 0.3% of THC. On the flip side, should your CBD oil be found to have more THC than the product claims, you stand the risk of being arrested and charged.  

Will It Appear on a Drug Test?

CBD oil is not a component that is picked when testing for marijuana. However, should a CBD product have more THC than indicated, chances are that you will fail the drug test. You are therefore advised to buy CBD products from companies that have a Certificate of Analysis.  


CBD oil has gained popularity in the market for various attributed benefits. The demand has seen a change in legislation by some states to accommodate this. Most of the states now have flexibility on CBD oil, albeit with some restrictions. Consumers need to exercise caution when buying CBD products; some have been found to contain more THC than labeled.

Christopher Miner
Wannabe travel fanatic. Evil introvert. Entrepreneur. General tv fan. Alcohol evangelist.

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