CBD Legal States, Where is CBD Legal?

Cannabidiol or CBD is one of the fastest-growing relief products for a variety of ailments, like anxiety and pain

A lot of people wonder, though, where is CBD legal? 

It comes from the cannabis plant, which has been illegal in the United States for a very long time. 

In 2018, CBD was legalized federally. However, this does not mean that there are no restrictions regarding its use at the state level.

States still have a say in whether or not the substance is legal and how its production, distribution, and consumption are controlled. This has brought about quite a few questions like:

  • Is CBD Oil legal near me?
  • Where can I buy CBD oil?
  • Can I travel with CBD?  

Let’s take a closer look at the legality of CBD in the various states of America to answer these questions.

CBD vs. Medical Marijuana

Are CBD and medical marijuana the same thing? 

Well, no, CBD and medical marijuana are both forms of cannabis, but they have different chemical compounds. 

As the name indicates, medical marijuana is used for medical purposes. It is extracted from dried leaves and flowers. You can smoke it through pens and bongs or eat it via edibles.

Whereas medical marijuana contains a high concentration of THC, which is responsible for the high you feel after taking cannabis. In addition, THC can help reduce nausea and chronic pain. 

Cannabis plants growing next to each other.

CBD, short for cannabidiol, is also extracted from cannabis plants. CBD is different from THC and also interacts with different receptors in your body. 

CBD oil and other CBD products usually have to have 0-0.3% THC per volume. 

So, can CBD get you high? 

The answer to this is, no, CBD does not get you high, but it does interact with your endocannabinoid system to help you with other ailments. As mentioned earlier, THC is the compound that makes you high. As CBD has low concentrations of THC, you can’t get high by taking CBD.  

You may be wondering, “where can I buy CBD oil, and is it legal?”

Well, let’s head to the next section to find out. 

Where Is It Illegal

States have a say in whether or not something is legal or not. 

As of today, only three states have CBD listed as illegal in every form. So, if you live in any of these states, you won’t see any store advertising CBD for sale. 

These states are:

  • Idaho
  • Iowa
  • South Dakota

Now, you may be wondering why CBD is illegal here? 

Well, in Idaho, any substance with any amount of THC is still considered a controlled substance. 

For Iowa, they say it is still illegal in all forms because the FDA does not approve CBD. 

While, in South Dakota, it gets interesting because all forms that the FDA does not approve are considered illegal. However, this excludes the seizure medication, Epidiolex, but also South Dakota states that CBD could cause addiction.

So, there’s a little ambiguity surrounding the use of medical marijuana in South Dakota.

Where Does CBD Have Restrictions?

What about the other states and the cannabis laws? 

Well, the cannabis laws vary depending on the state. Some have more restrictions than others. 

So, if you’re wondering, “Is CBD oil legal near me?” we suggest checking out the table below. It summarizes the restrictions in each state. 

1.AlaskaNo infused food or beverage
2.ArizonaNo food or beverage
3.ArkansasNo food or beverage
4.CaliforniaNo food or beverage
5.ColoradoNo baked goods
6.ConnecticutFood and beverage must be registered
7.DelawareHemp grower must be an affiliate with Delaware state university
8.FloridaLabeling is regulate
9.GeorgiaNo food or beverage
10.IndianaLabeling is regulated
11.KansasNo food or beverage
12.KentuckyNo CBD tea
13.LouisianaMany product restrictions
14.MaineOk, only if CBD is extracted by a licensed Maine hemp grower
15.MarylandRestrictions are unclear
16.MassachusettsCBD food and beverage needs to be purity tested
17.MichiganNo food or beverage
18.MinnesotaNo food or beverage
19.MississippiMust be 20:1 CBD: THC ratio
20.MissouriMust be 18+
21.MontanaNo food or beverage
22.NebraskaNo food or beverage
23.NevadaNo food or beverage/ CBD sales only in cannabis stores
24.New HampshireRegulations coming
25.New YorkNo food or beverage and purity testing required
26.North CarolinaNo food or beverage
27.OregonLabel regulations coming
28.PennsylvaniaNo food or beverage/label regulations coming
29.Rhode IslandLabel guidelines coming
30.South CarolinaNo food or beverage
21.TexasLabel guidelines coming
32.UtahRegistration required for sales
33.VermontIt can’t be combined with meat or dairy, and maple syrup has its own rules
34.WashingtonNo food or beverage
35.West VirginiaNo food or beverage
36.WisconsinNo food or beverage

Where can I buy CBD oil?

Your confusion about the legality of cannabis in your state should be clear after going through the table above. You can buy CBD oil in any of the states mentioned above as long as you adhere to the restrictions.

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States With No Restrictions

Are there any states that have restrictions on the use of marijuana?

Yes, there are many states where CBD is completely legal with no restrictions in place.

These are:

  • Alabama
  • Hawaii
  • Illinois
  • New Mexico
  • New Jersey
  • North Dakota
  • Oklahoma
  • Ohio
  • Tennessee
  • Virginia
  • Wyoming

Can I Travel With CBD?

A question people commonly ask is, “Can I travel with CBD?” 

The answer has to be more than a simple yes or no, as there are a few regulations that you need to follow. When you’re flying from state to state, the federal law still applies.

The Transportation Security Administration, or TSA for short, is responsible for all the security checks at the airport. They’re mainly checking for explosives and weapons but will also stop you if you’re carrying any illegal items.

According to the TSA, you can travel with CBD Oil if it contains less than 0.3 percent of THC or is approved by the FDA.

Hemp seeds in a spoon and CBD oil in a bottle.

If you’re taking CBD in your carry-on, it’s best to pack in containers that hold less than 3.4 ounces. If you have CBD medications in containers that carry more than 3.4 ounces, you need to get approval from a TSA security officer.

The process involves additional, longer screening of your product. 

Traveling with CBD medications is alright if you follow the regulations. However, we would advise against traveling with CBD flowers. CBD flower buds look very similar to weed, and as their THC content can’t be checked immediately, you might get held up by security.

It’s best to be safe and follow the regulations.  

Talk To Your Doctor

Before you try CBD oil, make sure to talk to your doctor and find the best dosage. You can always use a dosage calculator as well. 

There are guides on how to use CBD oil that will help but talking to your doctor will ensure that there won’t be any adverse effects. In addition, as your doctor is more aware of your health, they can better guide you through the process.

For instance, people whose doctors have asked to stay away from citrus are also advised to seek medical consultation before using CBD products. 

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Each state has the authority to decide what is legal and what is not. 

As more research is done on CBD and the benefits, more states could either reduce the restrictions or make CBD legal. 

We are still learning about the CBD effects, so it’s best to do a little research before incorporating it into your daily routine. 

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