Is Selling CBD Legal in All 50 States?

Contrary to popular opinion, CBD isn't legal in all 50 states, even if it comes from hemp. This is because all states have their own controlled substances, making it difficult to answer the question of whether it is legal to sell CBD. The rules on the possession and use of CBD vary from state to state. While hemp-based CBD is federally legal, some states consider it illegal to consume or possess any cannabis product for a period of time.

Other states only allow medical use of CBD. As long as you can prove that your CBD oil has less than 0.3% THC, you're clear about it. The announcement of domestic legalization may have initially excited consumers who were hoping to take advantage of the benefits of CBD to alleviate pain and reduce anxiety, but the use of “legalization” can be potentially misleading. A certificate of analysis from the laboratory will tell you exactly how much CBD your product contains and whether or not it has passed purity tests.

However, recent medical information encouraged federal authorities to legalize industrial hemp and CBD nationwide. CBD and THC don't contain the same amount of psychoactive components associated with feeling “high”, according to Mackenzie Slade, director of Cannabis Public Policy Consulting. Before receiving the long-promised guidelines, CBD users should trust their research when buying oils, capsules, edibles, or any other supplement containing cannabidiol. CBD is a chemical compound found naturally in marijuana sativa, a plant species that includes both cannabis and hemp.

In the United States, government officials initially classified CBD, hemp, and marijuana as harmful substances. In recent years, cannabidiol (CBD) has gone from being marginal to being common in the world of wellness. At the federal level, cannabis-derived CBD is considered a Schedule 1 substance and is illegal, Slade explains. There are federal and state regulations regarding the use of CBD, and knowing which of these regulations affect you is key to using the cannabinoid safely and legally.

Reputable CBD brands are open about their testing practices; they also publish laboratory reports on their website or send them to users by email if requested. Unlike tetrahydrocannabinol (THC), CBD does not make the consumer “high”; however, its legality remains a gray area for some people because it is derived from the cannabis plant. Hemp is bred to have 0.3% THC or less, but on the other hand, it has higher levels of CBD (up to 12% in industrial hemp). Understanding these regulations is essential for anyone looking to buy or sell CBD products.

Tonia Kilcullen
Tonia Kilcullen

Freelance social media practitioner. Lifelong writer. Typical social media specialist. Award-winning internet advocate. Devoted beer scholar.