CBD Legal Status: Hemp Legal in 50 States

Over the past few years, CBD has become a widespread solution to many health issues. From anxiety to insomnia, people have embraced CBD as a normal medical treatment. However, there are still a lot of questions that people have regarding the legality of CBD. Top that with misconceptions about its psychoactive properties and we got a bunch of people not knowing what to trust. We will try to answer the most common questions and figure out the CBD legal status in America. 


Before heading into the legality of CBD, it’s important to note the difference between it and THC. A common misconception people have is that CBD is the same as THC and that using it will get them high. That is completely untrue and it’s just a rumor propagated by lack of knowledge or term mishandling.


While CBD and THC are similar hemp-derived products, only the latter has highly psychoactive effects. It’s worth mentioning that THC can also be extracted from marijuana and both are illegal in most states. Even though some CBD products do have THC traces, anything under 0.3% is safe for day-to-day use. As a result, CBD is not dangerous and you can use it without medical concerns. 

CBD Legal Status

There has been a lot of debate over the years in regards to the legality of CBD. On one side of the fence, people are praising its medical properties. On the other side, there are some who push for a complete ban on CBD and any related products. There is no clear correct side of the conflict, as both parties have good and bad arguments.


Furthermore, even the government has had multiple stances when it comes to CBD. Supporting it one day while banning it the next, most politicians can’t decide what to do with CBD. As a result, the legal landscape surrounding hemp-products is in constant change. However, there was one big victory for changing the CBD legal status, and that was The 2018 Farm Bill. 

The 2018 Farm Bill

Introduced in December, The 2018 Farm Bill removed CBD from the list of controlled substances. From that day on, CBD became an agricultural commodity. Thanks to that, the sale of CBD extracted from hemp became legal at the federal level. Marijuana products however are still illegal and are punishable by jail time.


Tip: Although CBD is legal under federal law, it is still illegal in some states. Always look up state laws before trying to buy or consume CBD.

FDA Regulations

One important thing is that the FDA doesn’t regulate the selling of CBD products. Before buying any kind of CBD product, it’s important to research the seller. Some might actually sell illegal marijuana-derived or low-quality CBD. No one wants to end up in jail for purchasing something they thought was legal. Be safe and never make any CBD-related purchase without a thorough search of the seller. 


Tip: Online stores have a better reputation when selling CBD compared to physical locations. Try making your hemp-related shopping online. Most sellers provide each shipment with a lab test result and certification of authenticity. That lowers the chances of wasting money on illegal or low-quality products.

Why It Took so Long

Nobody is 100% sure why legalization took so long. The common consensus is that the legislators didn’t fully understand the difference between THC and CBD. Not only that but there was also the fear of people disguising marijuana fields as hemp farms. Even though marijuana was not always illegal, once the ban became active, everything related was forbidden — even CBD. 


While the fear of illegal marijuana plantations persists today, a complete ban on hemp products seems unlikely. That is a result of scientific and technological progress, which reinforced the positive potential of CBD. 

The Bottom Line

All in all, it seems that CBD is here to stay. Nobody knows what can happen in the future, but hopefully, the CBD legal status will only change for the better. Avoiding any possible legal problem should be on top of your priorities when it comes to CBD. Overall, if you decide to join the hemp enthusiasts, we recommend that you research each product before you make a purchase. As long as you are careful, choosing CBD will have only positive benefits for you.  

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