CBD Legality in the United States: A Comprehensive Guide

Cannabidiol (CBD) is a compound found in cannabis plants that has been gaining popularity in recent years due to its potential health benefits. While 36 states and Washington D. C. have legalized medical marijuana, the remaining 14 states have passed laws that allow the use of CBD extract, usually in oil form, with little or no tetrahydrocannabinol (THC) and often for the treatment of epilepsy or seizures in seriously ill children.

CBD is not psychoactive, meaning it does not produce the same intoxicating effects as THC. In order to be legally sold and used, CBD products must meet certain criteria. According to the North Carolina Department of Health and Human Services (DHHS), hemp extract must contain less than 0.9% THC by weight, at least 5% CBD by weight, and cannot contain other psychoactive substances. People who hold a DHHS caregiver registration letter are allowed to carry hemp extract outside their homes.

Currently, 47 of the 50 United States, as well as Washington D. C., have legalized the sale and use of hemp-derived CBD products. However, some states have restrictions on which CBD products can be sold. For example, Idaho state law requires that any hemp-derived CBD product must contain 0% THC and be classified as “not marijuana” under Idaho Code § 37-2701 (t).

In other words, CBD can only be extracted from certain parts of the hemp plant. The use of cannabis-derived CBD is still in a legal gray area in many states. Some states allow cannabis-based CBD without a medical exemption; other states require a medical exemption. Idaho, Nebraska and South Dakota are the only states where cannabis-derived CBD is illegal.

Be sure to review the current laws in your state regarding the sale or use of any CBD product.Although CBD oil may have mild psychoactive effects, it is not considered a psychoactive substance to the same extent as THC. THC, especially in high concentrations, has strong intoxicating effects, which partly explains why cannabis is considered a Schedule I controlled substance under federal law.In most states, CBD products should not contain more than 0.3% THC. However, there are exceptions in some states, so check with the local legislature before purchasing any CBD product. Hemp-based CBD oil and other hemp products are fully legal in most states, while cannabis-based CBD products are not.Experience the benefits of CBD products and the entire cannabis plant with a medical marijuana card.

Contact qualified Leafwell doctors and we'll meet with you in our virtual clinic to begin your path to obtaining an MMJ card.

Tonia Kilcullen
Tonia Kilcullen

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