There are no longer any states outright banning the use of CBD.
Most of the American CBD companies operate out of these states, especially in places that adapted their laws ahead of the curve — like Washington, Colorado, Oregon, and California.
CBD is now available in all 50 states of America — to varying degrees. Most citizens can access the supplement in-store legally but may be hard-pressed to find it in some of the stricter states requiring medical cards.
Legal Status of Hemp-Derived Products State-By-State
Everything changed with the release of the 2018 Farm Bill, which lifted the ban on hemp and removed it from the controlled substances act as a schedule I drug.
But the landscape is continually changing, each state has its own laws to work out in response to this federal change — and some are much slower than others.
While the laws on CBD’s legalities are loosening federally, in a select few states you can still be arrested and thrown in jail for having a bottle of CBD oil on you.
There are some exceptions on a state level, but if the federal government ever wanted to convict someone for using marijuana, it could.
Some CBD oil labels are fraught with marketing terms and buzzwords that appear to signify medicinal value. Terms such as “organic,” “all-natural,” and even “pure” have no scientific meaning, and shouldn’t be considered a sign of a trustworthy CBD oil. Products claiming to contain hemp or hemp seed oil aren’t the same as hemp-derived CBD oil, and won’t necessarily contain any CBD. Cannabis-derived CBD oil is produced from cannabis plants that contain more than 0.3% THC.
Most reputable CBD producers typically include the following information on their CBD product labels:
Full-spectrum means that the CBD has been extracted from a plant along with all other cannabinoids and terpenes, including whatever amount of THC the plant may have produced. Consuming full-spectrum CBD may yield better results thanks to the entourage effect, a phenomenon in which the mixture of cannabinoids and terpenes work together to produce a more pleasant experience.
Can CBD be taken out of state?
In an executive memorandum issued on May 28, 2019, the USDA clarified that 2018 Farm Bill provisions ensure cross-state transportation under a provision ensuring the “free flow of hemp in interstate commerce.”
CBD is a non-intoxicating cannabinoid found in cannabis. CBD is the second-most abundant cannabinoid in cannabis, after tetrahydrocannabinol (THC), and it has many potential therapeutic benefits, including anti-inflammatory, analgesic, anti-anxiety, and seizure-suppressant properties. CBD can be sourced from both marijuana plants and hemp plants, the latter of which is legal in the US if they contain minuscule amounts of THC.
The FDA has historically been strict when it comes to health claims or content that could be understood as medical advice — and it makes no exception for CBD. According to the agency’s own long-standing regulatory framework, because it has already approved a drug with CBD in it, (Epidiolex, used to treat childhood epilepsy) the agency cannot also approve non-prescription products with the same ingredient. It also can’t approve the ingredient to be added to food and beverages.
There are federal protections for the cross-state transportation of hemp CBD products. These protections do not apply to CBD products derived from marijuana and may not apply to personal CBD products if you try to travel out of state with them.
A. No. Under section 301(ll) of the FD&C Act [21 U.S.C. § 331(ll)], it is prohibited to introduce or deliver for introduction into interstate commerce any food (including any animal food or feed) to which has been added a substance which is an active ingredient in a drug product that has been approved under section 505 of the FD&C Act [21 U.S.C. § 355], or a drug for which substantial clinical investigations have been instituted and for which the existence of such investigations has been made public. There are exceptions, including when the drug was marketed in food before the drug was approved or before the substantial clinical investigations involving the drug had been instituted or, in the case of animal feed, that the drug is a new animal drug approved for use in feed and used according to the approved labeling. However, based on available evidence, FDA has concluded that none of these is the case for THC or CBD. FDA has therefore concluded that it is a prohibited act to introduce or deliver for introduction into interstate commerce any food (including any animal food or feed) to which THC or CBD has been added. FDA is not aware of any evidence that would call into question these conclusions. Interested parties may present the agency with any evidence that they think has bearing on this issue. Our continuing review of information that has been submitted thus far has not caused us to change our conclusions.
16. What is FDA’s role when it comes to the investigation of cannabis and cannabis-derived products for medical use?
When a product is in violation of the FD&C Act, FDA considers many factors in deciding whether or not to initiate an enforcement action. Those factors include, among other things, agency resources and the threat to the public health. FDA also may consult with its federal and state partners in making decisions about whether to initiate a federal enforcement action.
11. In making the two previous determinations about THC, why did FDA conclude that THC is an active ingredient in a drug product that has been approved under section 505 of the FD&C Act? In making the two previous determinations about CBD, why did FDA determine that substantial clinical investigations have been authorized for and/or instituted, and that the existence of such investigations has been made public?
A. To date, the agency has not approved a marketing application for cannabis for the treatment of any disease or condition. FDA has, however, approved one cannabis-derived and three cannabis-related drug products. These approved products are only available with a prescription from a licensed healthcare provider.