Is CBD Oil Legal? Navigating the Weeds of CBD Legality - cbdMD Blog

The Legal Status of CBD Oil

The Legal Status of CBD Oil

Jail Time for Using Cannabidiol (CBD Oil)?

Is CBD Oil legal? That’s the burning question.

In recent years, the appeal towards Cannabidiol - referred to as CBD oil - has reached mainstream notoriety because of its organic effects that are capable of alleviating symptoms for various chronic health conditions. Because of legislative acceptance of hemp-based substances in places like Kentucky, California, and Colorado, the reputation of hemp and its extracts are becoming more favorable. With such an influx of newsworthy stories, there is one common theme: is CBD oil legal?

Not every aspect of CBD is simplistic. The increasing interest and recognition of CBD can spark further dialog and offer all-natural alternatives. But, there is a grey area regarding whether CBD oil is legal within different states; there are even conflicting regulations between state and federal laws. No one wants to needlessly compete against the legal system, especially over personal health. But available benefits and options remain out of reach because the question of is CBD oil legal still remains.

The Main Question: Is CBD Oil Legal?

The answer is as straightforward as you allow it: CBD oil is legal in every state in America.

There are particular circumstances in which the legality of CBD becomes questionable depending on the state government. Although, it’s not as complicated as you might expect. The most common factor in regards to is CBD oil legal is which plant it originated from.

Hemp-Based CBD Oil vs. Marijuana-Based

Although they both come from the plant family Cannabis sativa L, they vastly differ.  

What’s the difference between hemp and marijuana? Even though they’re both from the same plant family, Cannabis sativa L, the determining factor between the two are their levels of THC.

Tetrahydrocannabinol (THC) is the primary psychoactive ingredient found in cannabis - it’s the component that gets you high. Because of the Agricultural Act of 2014 which Congress passed into law, any Cannabis sativa plant containing a THC content up to 30% is marijuana. Marijuana remains illegal in most parts of America. But if the cannabis plant has a THC content less than 0.3%, then it’s labeled as hemp and therefore legal.  

So as simple as it can get with regards to the question of is CBD oil legal, there are no legality issues with hemp because of its low THC content. In contrast to marijuana, you won’t get high from it. Hemp and hemp-based products are legal across the entire country.

Conversely, the legal status of recreational or medicinal marijuana and marijuana-based products varies from state to state.

Is Your CBD Oil Hemp-Based or Marijuana-Based?

This particular question is the primary source of confusion and doubt that surrounds the debate of is CBD oil legal. But, now you have a definite understanding of the differences.

Hemp-based CBD oil and any other hemp-based products have to contain less than 0.3% THC. It is legal in all 50 states to buy, sell, and have possession of hemp-based CBD products.

Wherever you decide to get CBD oil from, you should check with the manufacturers about its hemp or marijuana viability. If you find it to be marijuana-based, which some states do allow, please check with your state’s CBD-specific laws for your protection.

In a perfect world, hemp-based along with marijuana-based CBD oil would be legal in every state. With the steady, continual interest and lists of medical breakthroughs involving cannabinoid compounds, the future seems favorable. Until then, it is your responsibility to follow the current laws and regulations for CBD oils.   



This product is not for use by or sale to persons under the age of 18. This product should be used only as directed on the label. It should not be used if you are pregnant or nursing. Consult with a physician before use if you have a serious medical condition or use prescription medications. A Doctor's advice should be sought before using this and any supplemental dietary product. All trademarks and copyrights are property of their respective owners and are not affiliated with nor do they endorse this product. These statements have not been evaluated by the FDA. This product is not intended to diagnose, treat, cure or prevent any disease. Individual weight loss results will vary. By using this site you agree to follow the Privacy Policy and all Terms & Conditions printed on this site. Void Where Prohibited By Law.

Our Return Policy:

"If you are not fully satisfied with your purchase, you may request a full refund on the purchase price within 30 days."

Copyright © 2019 cbdMD All rights reserved.