Is CBD Legal To Buy?
Yes. CBD is legal to buy, but there are some stipulations.
CBD was made federally legal with the 2018 Farm Bill. The 2018 Farm Bill did several things, one of which was officially clarifying the difference between marijuana and industrial hemp. The other thing it did was make industrial hemp, and products manufactured with industrial hemp, federally legal.
The official designation between marijuana and hemp is this: marijuana is a cannabis plant with over .3% THC, while industrial hemp is a cannabis plant with less than .3% THC. Marijuana plants tend to have higher levels of THC and hemp plants tend to have higher levels of CBD, making hemp plants the ideal way to source CBD.
CBD exists in both marijuana and hemp plants, so CBD and CBD products could technically be produced from either marijuana or industrial hemp. Even though it’s possible to get CBD from both plants, only CBD manufactured from industrial hemp is legal. CBD products made from marijuana are not federally legal to buy.
Both the PLANT used and the PRODUCT made must contain below .3% THC.
Breaking It Down:
Hemp-derived CBD product with less than .3% THC: Federally Legal
Hemp-derived CBD product with .4% THC: Federally Illegal
Marijuana-derived CBD product with less than .3% THC: Federally Illegal
As long as the CBD you’re buying is in compliance with the 2018 Farm Bill, it is completely legal to buy & consume. Want to be sure that the CBD you’re buying is in compliance with federal law? Make sure the company you’re purchasing CBD from has recent third-party lab testing available for their products, and check that the levels of THC and CBD in their products match what’s expected.
In which states is CBD legal to buy?
With the 2018 Farm Bill being signed into law, CBD is considered federally legal, and is therefore legal in all 50 states.
However, there are three states that have no medical or recreational marijuana allowed, so despite the federal legality of CBD, it might be less acceptable/more controversial in these states: Idaho, Nebraska, South Dakota.
That being said, our understanding of the subject is that it would be legal to have industrial hemp-derived CBD in those states thanks to the 2018 Farm Bill.
Is it legal to buy CBD online?
Again, as long as the CBD you’re purchasing complies with the 2018 Farm Bill, it is completely legal to purchase online & have it shipped to you.
Any form of federally-compliant CBD is legal to buy online and ship, even edibles.
Recently, the Transportation Safety Association (TSA) updated their list of items that can or cannot fly to add CBD to the list of substances approved for air travel. As long as the CBD product you’re flying with complies with the 2018 Farm Bill, TSA agents will not confiscate it. Period. You can read more about the recent change to policy on our blog post of the TSA CBD change.