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Marijuana, Hemp, CBD Oil: What's Legal
and Where

With the growing legalized cannabis industry during every election in the United States, the buyers showing interest CBD are getting higher options. There could be an increase in questions as well with the multiple product sources, the disagreement within the states and federal laws, and varieties of the strain that could make you high and those that don’t cause high.

The midterm election held in November by Congress aimed to legalize hemp through the 2018 Farm Bill that brought a massive change in the field of CBD industry. Hemp is known to be one of the varieties of cannabis plant containing a tiny amount of the high-producing THC that is not enough to make someone high. Here is the list below on what is currently legal and what’s not:-

Marijuana and the States

Even the Farm Bill was successfully passed and approved by the President of the United States, the marijuana and even the cannabis-derived CBD is considered to be a Schedule I drug by the federal government.

Only hemp derived products were successful in changing its status from a Schedule I drug. However, it is still not ideal to use without any proven medical reason and potential for abuse. In short, even if the 50 states have legalized the use of hemp-derived CBD products, the federal government continues to consider marijuana and CBD infused products derived from marijuana to be illegal for consumption.

The list of all states where the recreational or medical use of marijuana and CBD is quite growing to be legal. Almost 34 states have successfully passed medical marijuana laws counting 10 states and Washington, D.C., where the use of recreational and medical marijuana is legal.

However, the uses of medical CBD, marijuana or other cannabis products remain to be illegal in Nebraska, South Dakota and Idaho.

CBD products and its legality

The CBD infused products highly sold on e-commerce platforms are creams, tinctures, gummies, teas, coffees, and pills. A lot of experts share their belief that after the approval of the Farm Bill, the users can buy these products without any legal barrier if the products are formulated from zero or low THC extracted from hemp. This decision can be changed if the lawmakers of a certain state explicitly act to ban.

These products are popularly marketed and sold as an anti-inflammatory and anti-anxiety supplement that can further help with insomnia. A few CBD strains are highly used by parents for their children suffering from severe epilepsy.

After the Farm Bill came into action, the FDA introduced a statement that hemp derived CBD products that are sold as therapeutic or a dietary supplement will be considered illegal to sell unless it has been reviewed and approved by the FDA.

According to Harrison, it could be risky to buy CBD products online in a state where the CBD is not legal or is restricted. On the other hand, JD, general counsel for the U.S. Hemp Roundtable, Jonathan Miller, said he has never heard or come across an incident of someone being arrested for buying CBD online.

What the New Law Means for Hemp

Industrial hemp has been widely used for food, textiles, medicine, and even car parts. This is why it is considered to be a boon for Kentucky farmers who are looking for a substitute for their tobacco crops. Industrial hemp is meant to be grown only under specific conditions. Hence, according to the new law, it would be mostly regulated.


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  •  Less than 0.03% THC
  •  Legal in all 50 states
  •  Distributor or Fulfillment Agreement

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