The question if CBD Oil is legal in all 50 states; is cbd legal at all? It is incredibly complex and confusing. To clarify my point let’s start listing questions and see if we can answer them just to show you what I mean.

Is CBD oil legal at the federal level of law at this time? The answer is NO! I will explain later. Check this video out first:

Is CBD Oil Legal in All 50 States | Is CBD Legal | DEA CBD Oil

Is CBD oil legal at the state level? In some states yes. This flies in the face of federal law banning CBD oil and products, where the DEA has put CBD of any kind from a cannabis plant, be it hemp or marijuana, on the schedule 1 controlled substance list which means very harsh penalties and jail time. Here is the video showing this decision.

Is CBD being bought and sold in all 50 states? Yes it is! WHAT???!!! According to the 2014 Farm Act CBD made from hemp with a THC level of less than .3% of this psychoactive compound, can be purchased in all 50 states; at least that is how the hemp industry and many states are interpreting the bill.

Not the DEA though. They see it differently. In the strict sense of the 2014 bill, hemp and hemp products including CBD should be grown for only state pilot projects and academic studies.

DEA Banned Hemp Products and Hemp CBD

 

See the video below. The ban was implemented late 2016

 

Therefore, the DEA is saying any commercial endeavor involving CBD, in any state is illegal and subject to the enforcement by the DEA against any business entity or individuals buying and selling CBD products.

Legality of CBD Oil at the State Level

Let’s take a look at the state law status on CBD as we know it today. The laws on CBD vary depending on where you live.

First, cannabis is completely outlawed in Idaho, South Dakota, West Virginia, Nebraska, Indiana, and Kansas.

There are 28 states that have already legalized medical marijuana and in those States, you’re fine to use CBD and you’re protected under the medical marijuana laws in those 28 states.

That leaves us with 16 remaining States that have CBD only laws. That means there’s exceptions in each state for CBD use. They don’t have marijuana laws necessarily. they might have some but it’s mostly only for CBD.

In those States and are Alabama, Delaware, Florida, Georgia, Iowa, Kentucky, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, and Utah.

If you live in any of those States and you want to use CBD you need to consult your local governing lawmakers to find out what the exact laws are.

A lot of these states normally you just need a prescription or proof of a condition that would require you to use CBD and then you can get it. So if you really want it, you can get it, and again no matter where you are, there is no criminality issues for your own personal use in these states.

What Is The DEA Saying Today

Let’s revisit the DEA(Drug Enforcement Administration) one more time. Over the last year the DEA has shutdown many stores and arrested buyers and sellers of CBD. Fortunately very few people were prosecuted.

With the CBD market exploding, the DEA is vastly understaffed to manage CBD violators as well as the opioid epidemic. Here is a recent statement by one representative from the DEA explaining their position;

“We are in the middle of an opioid crisis in this country. That’s our biggest priority right now. People are not dying from CBD. Some would argue that people’s lives are being saved by CBD. We are not going to get in the middle of that right now. Our best effort should be applied toward prioritizing what are truly the biggest issues that are affecting Public Safety right now. That would be the opioid epidemic.”

2018 Farm Bill Will Finally Legalize Hemp and CBD

There is change brewing in Congress. The 2018 Farm Bill is going through the senate and should be voted on this year. The main point is that Hemp and hemp products including CBD will be legalized at the Federal level. Well I guess there is a God!

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