Where is CBD Legal in the US?

Did you know that Hemp is now Federally Legal?

Last December, The United States Congress voted on the Agriculture Improvement Act of 2018, also known as the "Farm Bill." President Trump signed the bill on December 20th, 2018, enacting the long-awaited farm bill into law.

Aside from including policy extensions for agricultural and nutritional policy for the five years, the Farm Bill also explicitly legalized hemp — cannabis containing less than 0.3% THC — allowing for it to be cultivated and transported across state borders legally regardless of state programs.

In 1937, the Marihuana Tax Act and just over 30 years later the Controlled Substances Act (1970) failed to make a distinction between cannabis containing high volumes of THC versus cannabis that does not(hemp). As a result, these laws both banned hemp and classified it as a Schedule 1 substance along with cannabis containing THC. When the 2018 Farm Bill passed, this distinction was made, and therefore the prohibition has been lifted on hemp.

Many states have individual pilot programs in place for hemp research as a consequence of the 2014 Farm Bill, which allowed the states to create their own legislation for hemp should they choose to. Thes programs had to be approved by the U.S. Department of Agriculture (USDA) which imposed very high restrictions in how they were operated.

What Hemp Cultivation Restrictions are in place?

But with this Farm Bill, hemp will have much fewer restrictions as the sale and distribution of the plant are finally allowed to move across state borders without consequence. There are still some restrictions in place in that the bill has defined hemp as a cannabis plant with less than 0.3% THC within it, and penalties still exist for cultivators who produce cannabis with a higher percentage.

Beyond this restriction, the Farm Bill also presents the option for states to participate in the licensing and regulation of hemp as a joint effort. If the states choose to create a plan for hemp cultivation on a broader level, their departments of agriculture must submit regulation for approval by the USDA before it can begin.

Alternatively, for states that do not wish to participate, hemp growers can apply for a license from the USDA on their own, but it must comply with the federal program.

How has Hemp Research Protection Expanded?
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When the 2014 Farm Bill was enacted, this created a massive wave of hemp support, spawning many breakthroughs in extracts research including programs for CBD - a nonpsychoactive cannabinoid - which is a big milestone for cannabis study.

This 2018 Farm Bill includes 2 relevant sections for furthering hemp research. 

• Section 7501 adds hemp to the Critical Agricultural Materials Act 
• Section 7605 extends protections for hemp research and researchers, including the environmental conditions in which hemp is cultivated.

These expansions in for hemp research will make studying the plant far easier to do, opening many possibilities in its diverse utility.

Does the 2018 Farm Bill Protect Farmers?

This legislation does include a provision (Section 11101) that aims to protect hemp farmers by adding them to the 1980 Federal Crop Insurance Act, enabling them to take out insurance against unexpected disasters that might result in crop losses during standard cultivation due to fires or drought.

This is a very important step forward given how rampant natural disasters have been in the last few years and how they may continue to ravage farm lands in the future.

How is Cannabidiol Production Affected?

The Farm Bill also includes a clause for cannabidiol and other extracts. 

• Section 12619 removes CBD from the Schedule 1 classification of the Controlled Substances Act.

This could be misunderstood to mean the passage of this bill has legalized cannabidiol (CBD) because CBD can be derived from hemp, but it will continue to remain illegal federally.

• Section 12619 claims that any cannabinoid derived from hemp would be considered legal so long as it is cultivated in a way that follows all regulations put in place by the Farm Bill, but it goes on to suggest that if ANY of the conditions are not met, then the cannabinoid produced would not be considered legal under the Controlled Substances Act.

So if CBD is cultivated from cannabis with higher than 0.3% THC, that would immediately disqualify the result as a legal CBD product, even though the result is the same product.

Exceptions to this rule exist in CBD products that have approval by the FDA, such as Epidiolex.

It is important to note that the Farm Bill will not change any existing state-level medicinal cannabis programs, even programs that produce CBD as a part of the program since the Farm Bill does not legalize medicinal cannabis at the federal level.

So even if a particular state has a medicinal cannabis program and CBD is produced under that program, the resulting CBD would still be considered illegal even though all the conditions in the bill are met.

Fortunately, the hemp legalization should boost the CBD industry as a whole, and help continue further study into CBD and other cannabinoids derived from hemp as a result. Much like how 2014's Farm Bill revolutionized hemp study, this 2018 Farm Bill plays a vital role in providing a much-needed stepping stone in cannabis research.

Where is Cannabidiol Legal in the USA?

Given the Farm Bill does not specifically legalize CBD, the determination of CBD's legal status is left to interpretation by the states. Scroll to the top of this page to check on this status by state.

We try to keep this page as up to date as possible, so if you notice there are any discrepancies in the information or if we are missing something important, please let us know so we can be as accurate as possible.