More specifically, the farm bill removed hemp and hemp derivatives from the definition of “marijuana” in the Controlled Substances Act. The new law also specifically tasked the US Food and Drug Administration (FDA) with regulating hemp-derived food and drug products. (More on that below.)
A few years ago some restaurants near Seattle area began offering CBD-infused cocktails to their patrons. That ended when local county health officials stepped in and reminded restauranteurs that CBD was not a known and approved food or beverage. (“They’re erring on the side of caution,” one restaurant owner told me at the time. “They say they don’t quite know what CBD is yet, so they want everyone to hold off until they figure it out.”)
As of late 2019, the general rule for consumers is this: CBD is legal to possess and consume everywhere except Idaho, Iowa, and South Dakota. The rule for manufacturers and retailers is this: Check your local jurisdiction and vet your business plan with a lawyer who knows local CBD laws.
Note: The chart below applies to unlicensed CBD products only. State-licensed CBD products sold in adult-use and medical cannabis stores operate under different rules.
Once a compound has been approved as a drug, the FDA typically does not allow it to be sold in over-the-counter mainstream markets. But it’s currently being used most often as a dietary supplement, like vitamins.
Marijuana legality varies by state, as does CBD legality.
The following states have legalized CBD, some only for specific medical purposes:
Is CBD Legal in the U.S.?
In addition to these states, sever other states have legalized medical marijuana:
CBD (cannabidiol) is a non-psychoactive compound found in cannabis. Unlike tetrahydrocannabinol (THC), CBD does not get a user “high;” however, its legality is still a gray area for some people because it is derived from the cannabis plant.
There are 17 states called that legalized both medicinal and recreational use of marijuana as long as you meet the minimum age requirement.