CBD Oil is a highly regarded oil derived from the hemp plant with numerous mental and physical benefits.

Due to its properties of not being psychoactive in nature (aka, does not get you “high), hemp has a lot of potential in medicine and enjoys a lot less regulation than marijuana, although  both are derivatives from the cannabis plant.

CBD's legal status all depends on the level of THC, the psychoactive cannabinoid that does “get you high”. Hemp contains less than .3% THC, and marijuana contains more than this amount. Therefore, “industrial hemp” can be cultivated legally by farmers.

So while CBD is found in the cannabis plant (both marijuana and hemp variations), hemp derived CBD, which is what is used in all products found on potlishop.com, is legal and more readily available.

There are a lot of people who still don’t use CBD, according to a gallup poll it’s reported that only 14% of people use CBD in the United States. Perhaps a big reason for lack of adoption is that there hasn’t been enough education on what’s allowed and what’s not. Please see below for more information on CBD regulation per state. 

What is the legality of CBD in the United States

About the 2018 Farm Bill

Currently every state in the union has CBD as legal, though there are special restrictions for many states regarding it.

Since the 2018 Farm Bill was passed, the cultivation of hemp has been legalized across all the United States. Although this bill applies to all the states, certain states have other legislation that makes interpretation of what is and isn’t allowed is a bit murky.

Hemp Derived CBD

Under the farm bill, and majority of these states mentioned below as long as the CBD oil is derived from hemp. Cannabis and Hemp are the same plant, it’s just that the concentration of THC is hemp is .3% or lower, which won’t get you high. You’ll more than likely be dealing with an illegal substance in the majority of the states if the CBD is derived from a plant containing more than .3% thc.

CBD Legality in Alabama

Is it legal? Yes. 

Restrictions

• Cannot contain more than .3% THC
• Must be derived from industrial hemp, not cannabis.
• Sellers must have a permit or they will get fined

CBD Legality in Arizona

Is it legal? Yes.

Restrictions

• Cannot contain more than .3% THC
• Must be derived from industrial hemp, not cannabis.
• Sellers must have a permit or they will get fined

CBD Legality in Georgia

Is it legal? Yes.

Restrictions

• Cannot contain more than .3% THC
• Must be derived from industrial hemp, not cannabis.
• Sellers must have a permit or they will get fined

CBD Legality in Idaho

Is it legal? Yes, but only for CBD Isolates.

Restrictions

• Cannot contain any thc, see below exactly what the restrictions are on Idaho.gov’s website:

Idaho Code §37-2705(a) and (d)(19) and (27) define as schedule I controlled substances any “material, compound, mixture or preparation which contains any quantity’ of either marihuana” ((d)(19)) or “Tetrahydrocannabinols” (i.e., THC) ((d)(27)). Therefore, in order for an oil extracted from the cannabis plant to not be a controlled substance, two conditions must be met. First, the oil extract cannot contain “any quantity” of THC — not just less than .3%. Second, the oil extract cannot be deemed “marijuana” under Idaho Code §37-2701(t)…

In sum, unless an oil extract contains no THC and is excluded from the definition of “marijuana” under Idaho Code §37-2701 (t)…, such oil is a controlled substance in Idaho.

What this means for CBD Legality in Idaho

This boils down to the difference between full spectrum CBD and CBD isolate. Full spectrum has trace amounts of THC, as per the definition above this isn’t legal in Idaho. CBD isolate on the other hand has the benefits of CBD but doesn’t have any THC in it whatsoever. So if you’re looking to use CBD in Idaho, it must be a CBD isolate.

CBD Legality in Indiana

Is it legal? Yes.

Restrictions

• Cannot contain more than .3% THC
• Must be derived from industrial hemp, not cannabis.
• Sellers must have a permit or they will get fined

CBD Legality in Iowa

Is it legal? No. 

Although it is federally legal even with Iowa’s Hemp Act, the state still classifies it as a controlled substance. There is even a medical marijuana plan in Iowa but with so much legal confusion it was never clearly defined and has left Iowa’s situation dire in terms of CBD legality.

CBD Legality in Kansas

Is it legal? Yes.

Restrictions

• Cannot contain more than .3% THC
• Must be derived from industrial hemp, not cannabis.
• Sellers must have a permit or they will get fined

CBD Legality in Kentucky

Is it legal? Yes.

Restrictions

• Cannot contain more than .3% THC
• Must be derived from industrial hemp, not cannabis.
• Sellers must have a permit or they will get fined

CBD Legality in Mississippi

Is it legal? Yes.

Restrictions

• Cannot contain more than .3% THC
• Must be derived from industrial hemp, not cannabis.
• Sellers must have a permit or they will get fined

CBD Legality in Nebraska

Is it legal? Yes.

Restrictions

• Cannot contain more than .3% THC
• Must be derived from industrial hemp, not cannabis.
• Sellers must have a permit or they will get fined

CBD Legality in New Mexico

Is it legal? Yes.

Restrictions

• Cannot contain more than .3% THC
• Must be derived from industrial hemp, not cannabis.
• Sellers must have a permit or they will get fined

CBD Legality in North Carolina

Is it legal? Yes.

Restrictions

• Cannot contain more than .3% THC
• Must be derived from industrial hemp, not cannabis.
• Sellers must have a permit or they will get fined

CBD Legality in South Carolina

Is it legal? Yes. 

Restrictions

• Cannot contain more than .3% THC
• Must be derived from industrial hemp, not cannabis.
• Sellers must have a permit or they will get fined

CBD Legality in South Dakota

Is it legal? No.

• Despite what the farm bill that passed, HB 1191 passed the house and was supposed to bring more clarity on legalization of hemp but was vetoed.

CBD Legality in Tennessee

Restrictions

• Cannot contain more than .3% THC
• Must be derived from industrial hemp, not cannabis.
• Sellers must have a permit or they will get fined

CBD Legality in Texas

Is it legal? Yes.

Restrictions

• Cannot contain more than .3% THC
• Must be derived from industrial hemp, not cannabis.
• Sellers must have a permit or they will get fined

CBD Legality in Virginia

Is it legal? Yes

Restrictions

• Cannot contain more than .3% THC
• Must be derived from industrial hemp, not cannabis.
• Sellers must have a permit or they will get fined

CBD Legality in Wisconsin

Is it legal? Yes.

Restrictions

• Cannot contain more than .3% THC
• Must be for medical use only
• Must be derived from industrial hemp, not cannabis.
• Sellers must have a permit or they will get fined

CBD Legality in Wyoming

Is it legal? Yes. 

Restrictions

• Cannot contain more than .3% THC
• Restrictions regarding it being only legal for medicinal purposes has been lifted as of HB171.
• Must be derived from industrial hemp, not cannabis.
• Sellers must have a permit or they will get fined

Conclusion

While the 2018 Farm bill made industrial hemp federally legal, be sure to check your state’s guidelines to verify its legality in your state. More than likely the case will be that it is legal for you to use. States with restrictions mentioned in the article typically regard CBD as legal as long as it’s derived from industrial hemp and has a percentage of THC lower than .3%. 

Given CBDs medicinal properties and support from communities that were early adopters of cannabis legalization, the conversation around the benefits of CBD has spread throughout the United States. This support is what convinced legislators to legalize CBD and make the differentiation between cannabis and industrial hemp.

Since the 2018 farm bill was passed, this allowed companies like us and many others to share the benefits of what CBD has to offer. For example CBD helps people afflicted with epilepsy, people who are struggling with anxiety, stress or having trouble sleeping.