CBD: Is it Legal?

Is CBD Legal in all 50 States?



To answer the question regarding the legality of CBD products we must first define the difference between the plants they come from. High CBD oil extracted from industrial hemp is considered legal in the U.S. while CBD extracts derived from marijuana plants can only be purchased in certain states. The main difference between the two varieties lies in the delta-9 tetrahydrocannabinol (abbreviated THC) concentration.

Hemp is classified as a product containing less than 0.3% THC, while marijuana contains a higher concentration(up to 30%) of the cannabinoid. In simple terms, hemp doesn’t contain enough THC to create the psychoactive effect associated with the cannabis plant and is therefore legal to be purchased and used as a health supplement.

Thanks to the 2018 Farm Bill, hemp products containing less than 0.3% THC have been officially removed from the Controlled Substances Act. Although the floodgates for CBD products have been opened, regulation regarding hemp can still vary state to state. 

As of 2019, there are only 3 states with restrictions on all cannabis-derived products. These states are South Dakota, Idaho, and Nebraska. If you are in one of these states it is important to educate yourself on the way industrial hemp-derived CBD products are treated within the state laws. 



*The legalities of CBD are unclear and rapidly changing on both the Federal and State level. The information on our website and any other communication from USA Hemp representatives regarding the legality of industrial hemp-derived products are for informational purposes only and not for the purpose of providing legal advice. You must make your own judgment regarding your use of CBD products. 



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