Is CBD Legal in 2021?

WRCB-TV reports that about 14 percent of US citizens use CBD. Getting educated regarding the legality of CBD could help you avoid trouble with the law.

However, 67 percent of U.S. adults who use and support cannabis legalization, as per a 2021 article published by The Conversation, are not even familiar with Cannabidiol. Meanwhile, they could be reaping the wide array of benefits CBD can offer but this is only if they are aware of the answer to, “Where is CBD legal?”

Is CBD legal? Yes, but not in all states. As such, it is right to know where CBD is legal and where it is not allowed. Here’s what you should know about the legality of CBD.

Recent Legal History of CBD and Hemp

Cultivated for at least 12,000 years by humans, Cannabis is one of the oldest crops on record as having been used for human benefit, according to Shelley Durocher, a UConn research grower who was interviewed by PBS. “It’s a fascinating plant that occupies a unique space in the natural world…one that has helped mold Western countries’ modern existence like the U.S.,” Durocher added. Because of this, one would assume, then, that hemp-derived CBD should be legal federally in every state.

Based on the legal history record of CBD and Hemp published by Ananda Hemp, the Agricultural Act signed by former President Barack Obama on February 7th, 2014, has set the stage for the legalization of Hemp. This 2014 Farm Bill set up a clear distinction between marijuana and hemp (as long as hemp contains less than 0.3 THC by dry weight).

Moreover, it authorized state departments of agriculture (in states where hemp was legal) or higher education institutions to conduct research and pilot programs – Hemp CBD manufacturer, CBD Nationwide, has been working accordingly to these programs and research to provide the highest quality CBD on the market.

Four years later, the Agriculture Improvement Act of 2018 was signed by Former President Donald Trump on December 20th, 2018, which made hemp federally legal (defined the same as in the 2014 Farm Bill but on a federal level). This has, therefore, made hemp an agricultural commodity and removed it from DEA regulation. Additionally, CBD (as long as it’s hemp-derived and not marijuana) was removed from Schedule 1 Controlled Substances and moved down to Schedule V-defined as having a low potential for dependence and abuse.

One thing to note, though, is that this CBD legality only applies to hemp grown in the United States under the strict supervision of the Department of Agriculture of the US. It’s essential to consider this distinction as any Cannabidiol products on the market with hemp imported from foreign countries are not legal.

Is CBD Federally Legal?

With the legal history provided above, the answer to this question is yes. As reported by Inquirer USA, buying CBD is legal in the U.S. that is if it does not contain more than 0.3% THC.

The specificities of this law vary depending on the state the consumer lives in. For instance, in the state of Virginia, consumers can only buy CBD if it is prescribed by a physician.

The sale of CBD was not always attainable within the country. When the 2018 Farm Bill was passed, CBD companies were permitted to acquire and grow industrial hemp within specific states.

Before this law was passed, hemp manufacturers had to travel outside of the U.S. to buy mature cannabis stalks to produce hemp. However, this area of the hemp plant only produced a limited amount of CBD.

The stalks are required to undergo a blooming phase in order to yield more CBD. Unfortunately, it was this blooming process that made hemp illegal under federal law.

This blooming process also created THC which is still a controlled substance in the country. At the present, hemp companies source their raw materials locally from farms state-side.

The production of this raw material is completely legal. Then again, its purchase is a different issue.

As mentioned above, the law varies by state. Therefore, prior to making any purchases, customers should check the CBD products diligently.

What Makes CBD Oil Legal?

According to Here to Help, CBD or cannabidiol is a naturally occurring compound of hemp. It is extracted from the hemp plant and typically made into an oil for use.

Cannabidiol is non-psychoactive and does not produce the high of Tetrahydrocannabinol (THC), the primary psychoactive compound of cannabis.

Since its legalization, CBD has been used to treat various medical conditions. All cannabinoids, including Cannabidiol, create effects in the body by attaching to certain receptors in the immune system or the brain.

The human body can also produce its own cannabinoids. It appears that Cannabidiol does not attach to receptors directly.

Instead, it instructs the body to utilize more of its cannabinoids to create the therapeutic effects associated with Cannabidiol.

Studies suggest that CBD may provide relief for chronic pain. The proprietary medication that combines CBD and THC is Sativex and may be prescribed for the relief of pain linked to multiple sclerosis.

There is also some evidence suggesting that Cannabidiol may be promising support for individuals with opioid use disorders. Experts also noted that Cannabidiol reduced some symptoms related to substance use disorders including mood-related symptoms, anxiety, insomnia, and pain.

After studying the effectiveness and safety of CBD oil for treating epilepsy, in 2018, the US Food and Drug Association approved CBD, Epidiolex, as a therapy for two rare conditions characterized by epileptic seizures. Other research also suggests that Cannabidiol may be useful in treating schizophrenia, though further studies are required prior to introducing CBD into medical practice.

There is some initial evidence that Cannabidiol may also help individuals in the early stages of Alzheimer’s disease and that keep the ability to recognize faces of people that they know, and hence, slow the progression of the disease. Again, more research is required in this area.

Due to the way cannabis and its products are metabolized, experts believe there is a potential for CBD to interact with other drugs, although nothing significant has yet been recorded. Cannabidiol has been discovered to be generally safe.

Accounts from patients indicate that negative drug interactions are uncommon. As with any other treatment, it’s vital to monitor your use of Cannabidiol products and seek assistance if you have concerns or questions or encountered a problem with CBD’s use.

Which State Allowed CBD?

There are various levels of legality for CBD products. Some states only permit CBD for therapeutic purposes, while some would allow it for both therapeutic and recreational purposes. The vast majority of jurisdictions and states permit the legal use of CBD in one form or another and may have restrictions in place for CBD usage and purchasing. As listed by American Marijuana, the following are the states where CBD is legal in some measure.

  • Alaska
  • Alabama
  • Arizona
  • Arkansas
  • California
  • Colorado
  • Delaware
  • Florida
  • Georgia
  • Hawaii
  • Illinois
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Mississippi
  • Missouri
  • Montana
  • Nevada
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • Tennessee
  • Texas
  • Utah
  • Virginia
  • Washington
  • West Virginia
  • Wisconsin
  • Wyoming

As determined by Peace River CBD, as of 2021, there are only three states that label CBD as illegal. These include Nebraska, Iowa, and North Dakota.

Will CBD Be Legal in the Future? 

As explained by Health Canal, hemp-derived CBD products have been hitting the market by storm ever since the implementation of the Farm Bill. Hemp products like CBD are very high in demand especially in the nutritional and medical field since CBD has a host of health benefits and is known to combat many diseases.

Numerous studies are also being done on the use of Cannabidiol and its role in countering neuropathic illnesses. That said, if studies hold fruit, then expect more CBD products in the future.

Final Thoughts

So, is CBD legal? The answer is it really depends on the state where you reside. There are a handful of states that have legalized medical and recreational CBD as a whole, while others have more restrictions.

In the end, CBD customers should always need to be updated with the laws to verify where hemp-derived CBD wellness products legally stand.