Although CBD is technically federally legal, unfortunately, the laws surrounding this cannabinoid are a bit complex.
Keep reading for a rundown of CBD legality on a state-by-state basis.
What is CBD?
Cannabidiol, also known as CBD, is one of 113 different cannabinoids found within the cannabis plant. CBD was discovered in 1940 and offers similar pain-relieving and mood-boosting benefits to THC but without the associated psychoactivity. Additionally, unlike delta 9 THC, CBD is fully federally legal and widely available, because it is also one of the most common cannabinoids found in the plant, alongside THC. This cannabinoid is most commonly consumed through oil tinctures and edibles, although topical creams, vapes, and even makeup containing CBD are available today.
Benefits of CBD
CBD is a mood booster and is known for creating a relaxed, peaceful feeling in its users. Many users also find CBD an effective treatment for:
- Pain
- Nausea
- Stress
- Anxiety
- Migraines
- Depression
CBD can be ingested or used topically for both skincare and medicinal purposes. In recent studies, CBD has shown promise as a treatment for epilepsy, Parkinson’s Disease, PTSD, and others, although more research is required in these areas.
What is THC?
Tetrahydrocannabinol or THC is the primary psychoactive compound found in the cannabis plant. This cannabinoid is what gives users the typical “high” associated with marijuana products. Delta 9 is often referred to simply as THC, as opposed to delta 8 or delta 10 which are discussed using their full names to avoid confusion. Delta 9 is currently federally illegal in most states in the U.S.
What Makes CBD Different From THC?
The biggest thing that sets CBD apart from THC, or Tetrahydrocannabinol, is the fact that CBD isn’t psychoactive, meaning that CBD won’t give you the same “high” feeling that THC products do. However, that doesn’t mean that CBD is less useful than THC. CBD has a myriad of medicinal benefits that users can experience without the anxiety and heart palpitations commonly associated with THC. While THC has many of the same medicinal properties as CBD, it also gives users a psychoactive experience that may not be ideal for everyone.
CBD Laws by State
Laws surrounding hemp and marijuana products in the United States are complex, and while some states have legalized all CBD for any use, some states are more strict. This list is an overview of the legal status of CBD in each state as of January 2020.
|
State
|
Hemp-sourced CBD for any use | Marijuana-sourced CBD for medical use |
Marijuana-sourced CBD for recreational use
|
| Alabama | Legal | Legal | Illegal |
| Alaska | Legal | Legal | Legal |
| Arizona | Legal | Undecided | Illegal |
| Arkansas | Legal | Legal | Illegal |
| California | Legal | Legal | Legal |
| Colorado | Legal | Legal | Legal |
| Connecticut | Legal | Legal | Illegal |
| Delaware | Legal | Legal | Illegal |
| Florida | Legal | Legal | Illegal |
| Georgia | Legal | Legal | Illegal |
| Hawaii | Legal | Legal | Illegal |
| Idaho | Illegal | Illegal | Illegal |
| Illinois | Legal | Legal | Legal |
| Indiana | Legal | Illegal | Illegal |
| Iowa | Legal | Legal | Illegal |
| Kansas | Legal | Illegal | Illegal |
| Kentucky | Legal | Illegal | Illegal |
| Louisiana | Legal | Legal | Illegal |
| Maine | Legal | Legal | Legal |
| Maryland | Legal | Legal | Illegal |
| Massachusetts | Legal | Legal | Legal |
| Michigan | Legal | Legal | Legal |
| Minnesota | Legal | Legal | Illegal |
| Mississippi | Legal | Illegal | Illegal |
| Missouri | Legal | Legal | Illegal |
| Montana | Legal | Legal | Illegal |
| Nebraska | Illegal | Illegal | Illegal |
| Nevada | Legal | Legal | Legal |
| New Hampshire | Legal | Legal | Illegal |
| New Jersey | Legal | Legal | Illegal |
| New Mexico | Legal | Legal | Illegal |
| New York | Legal | Legal | Illegal |
| North Carolina | Legal | Illegal | Illegal |
| North Dakota | Legal | Legal | Illegal |
| Ohio | Legal | Legal | Illegal |
| Oklahoma | Legal | Legal | Illegal |
| Oregon | Legal | Legal | Legal |
| Pennsylvania | Legal | Legal | Illegal |
| Rhode Island | Legal | Legal | Illegal |
| South Carolina | Legal | Illegal | Illegal |
| South Dakota | Unclear | Illegal | Illegal |
| Tennessee | Legal | Illegal | Illegal |
| Texas | Legal | Illegal | Illegal |
| Utah | Legal | Legal | Illegal |
| Vermont | Legal | Legal | Legal |
| Virginia | Legal | Legal | Illegal |
| Washington | Legal | Legal | Legal |
| Washington, D.C. | Legal | Legal | Legal |
| West Virginia | Legal | Legal | Illegal |
| Wisconsin | Legal | Legal | Illegal |
| Wyoming | Legal | Legal | Illegal |
How is CBD Legal?
How is CBD legal at all? Well, It all comes down to the 2018 Farm Bill, also known as the Agriculture Improvement Act of 2018. This bill changed the legal classification of hemp from a controlled substance to an agricultural commodity and made it so that any cannabis derivative containing less than 0.3% delta 9 THC would no longer be defined as marijuana in regards to the controlled substances act, effectively legalizing CBD.
Why is CBD Illegal in Some States?
As shown above, the laws surrounding CBD vary state-by-state depending on the source of the CBD, as well as its intended use. You may have noticed that CBD is highly restricted in Idaho, Nebraska, and South Dakota, and its status is still unsettled within these states. This is because the 2018 Farm Bill gave states the ability to oversee the production of hemp, also giving them the opportunity to restrict it. States like California and Colorado that enjoy legalized recreational marijuana also have the most relaxed regulations surrounding CBD.
Elyxr’s CBD Products
Elyxr’s line of CBD products is a great way to incorporate CBD into your day-to-day life. With our Live Resin CBD Dabs, CBD Flower, and CBD Tincture, you have a choice in how you consume your CBD for migraine relief or a mood boost. Feel like you’re at the spa every day with our CBD Pain Relief Gel, CBD Body Scrub, and CBD Bath Bombs, great for relieving topical pain and helping you to relax. With Elyxr, you never have to wonder what is in your CBD products, because all the information is included in our COAs, also known as lab reports.
Trust Elyxr
Don't take a risk when it comes to your cannabis products. Instead, shop Elyxr. Our line of cannabis products are all USA grown, lab-tested, and made in an FDA-approved facility, so you can be sure you are getting the best stuff possible. We create high-quality CBC, THC-P, live delta 8, HHC, delta10, THC-O, CBN, and CBD products you’re sure to find something to suit your needs. Shop our online store today for moonrocks, carts, edibles, tinctures, flower, and more.