Due to CBD’s ability to naturally manage dozens of chronic diseases, the need for CBD has skyrocketed. As the demand of the hemp-derived compound has started to shift, so has the permission in many states over the America including Colorado, California, and Kentucky.

While we are undoubtedly moving in the right direction, the legality of CBD as a whole is still not very clear because of different laws in various states, and even different laws at state and federal level. Because of this, many are prevented from using CBD, and rather of getting the benefits of CBD, they’re stuck wondering: “Is CBD legal?”

While it’s true that CBD is legal in all 50 states, there are circumstances when it isn’t legal. The distinction between legal and illegal typically depends on many important factors defined by the state in question. However, a crucial factor that is an important determinant in all the US states, and that is where the CBD is obtained from hemp or marijuana. You can easily buy cbd oil online in legal states.

What Is The Difference Between CBD From Hemp and Marijuana?

While many of us know the distinction between full spectrum CBD and CBD isolate, there is another less known, but very significant distinction when it comes to CBD legality:

If The CBD Was Obtained From Hemp or From Marijuana

Marijuana and hemp both are the members of the cannabis family, so they do share many features. There is, however, a significant difference between the two–the quantity of psychoactive Tetrahydrocannabinol (THC) each plant produces.

While marijuana can include up to 30% THC, hemp holds no more than 0.3% THC. In other terms, marijuana can make you really high, while hemp has such a low number of THC, that it would be difficult to get high off it.

Because hemp has no psychoactive results, the law has no difficulty with it. Hemp products are totally legal and available in all sorts of various industries and markets over America. On the other hand, marijuana is much a different story. And this is why the source of a CBD product is critical to its legality.

In which States Where CBD is Legal for Recreational Use?

As of 2018, there are 8 US states where the Cannabis plant, including both hemp and marijuana, are totally legal for recreational and medicinal use. These US states are Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, and Washington. So if you notice yourself in one of these excellent states, you are free to lawfully to use CBD in any form without a prescription lawfully.

In which States CBD Is Legal For Medicinal Use?

In 2018, there are 46 US states (including the 8 states discussed above) where CBD is legal with a prescription for medicinal usage. Now although the usage of CBD is for legal in these US states, the law changes from state to state, 17 US states having particular legislation for the THC-levels located in CBD and the diseases being treated with CBD.

These 17 US states are Alabama, Florida, Georgia, Indiana, Iowa, Kentucky, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia, Wisconsin, and Wyoming.

The other 29 US states that legalize entirely the Medical use of all CBD products obtained from both hemp or Marijuana are: Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, Vermont, Washington and West Virginia. The regions of Guam and Puerto Rico also support the use of CBD products on medical grounds.

While purchasing any CBD product in these states (apart from the 8 stated above) you need to have a medical prescription assigned by a certified medical doctor. Each state has a distinct concentration of THC it allows to be being in a CBD product, with the percentage varying from 0.3% — 8%. Even though the legal situation appears to be moving in a positive direction, if you are living in any of these states, it is very necessary to be aware of the state’s laws towards CBD.

In Which States CBD Is Illegal?

We have previously discussed 46 US states where Marijuana-derived CBD is legal at different levels, which indicates that there are still 4 states where Marijuana-derived CBD is entirely illegal.

These US states are Idaho, Kansas, Nebraska and South Dakota. Now, even though marijuana-derived CBD is legal in these states, the laws are yet unclear, so there are still businesses trading CBD, and victims using CBD in these states. We believe in the benefits of CBD, but if you are in one of these states, be aware and cautious when thinking using CBD products.


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