Is CBD Oil Legal? State-By-State and Future Legality

Cannabidiol (CBD) is one of the most popular chemical compounds derived from the cannabis plant. It boasts a variety of health benefits, which has resulted in a surge in popularity and use over the past few years. However, since cannabis use has long been federally illegal, the legal status of cannabis-derived products such as CBD has been somewhat of a grey area. Furthermore, each state has its own cannabis laws, and CBD and marijuana is not the same thing despite their close association. Thus, navigating who can and cannot legally use CBD is tricky. To better understand the legality of CBD, it is first worth distinguishing cannabis, hemp, marijuana, and CBD. Cannabis is a plant with primarily two classifications: indica and sativa. Marijuana is derived from both cannabis indica and cannabis sativa plants, where hemp is derived from just cannabis sativa. Marijuana contains both tethrydrocannabinol (THC—the chemical compound that induces a “high”) and CBD, where hemp contains mostly CBD. In 1970, all forms of cannabis were federally banned under the Controlled Substances Act. The U.S. government, therefore, failed to distinguish marijuana and hemp, despite hemp’s health benefits and lack of psychoactive properties. However, legal and public consciousness surrounding hemp began to change, and the Agricultural Act of 2014 (often referred to as the “Farm Bill”) finally authorized state Departments of Agriculture and educational institutions to grow hemp for research purposes. The 2018 Farm Bill expanded upon this progress even more, federally legalizing hemp and hemp-derived products like CBD oil.

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