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Is CBD Legal?

Is CBD Legal in All States?

In the last five years or so, the hype and conversations around CBD oil and CBD products has evolved quite well. Talk of its incredible medicinal properties has grown in rapid fire formation. More and more people are deciding to try holistic approaches and options, using CBD oil, and questioning traditional medicine. CBD oil is not only demonstrating its safety profile time and time again, but it may also be remarkably effective and beneficial. 

CBD oil isn’t only for humans, it’s for animals too! As this magical herb continues to boost its worth amongst humans, veterinarians are quickly batting an eye at its effectiveness and worth as well. The possible advantages of this natural compound may be more considered for our furry friends than we thought possible. If you haven’t already been in the know, we’re excited to share with you. CBD oil may be beneficial, effective, and safe for you felines, canines, and maybe even horses. 

In today’s article, we’ll cover all the CBD basics, the legalities around cannabis and CBD, and the potential benefits you (or fido) may achieve with this magical compound. 

Let’s get to it. 

What is CBD?

With this rise in cannabis curiosity, there’s also a rise in skeptic opinions and floating misconceptions. What even is CBD? Will it get me or my dog “high”? Is it even legal? 

With the familiarity of cannabis products constantly popping up in conversation, it’s becoming mainstream that marijuana may help with a wide array of health concerns. But what about CBD? It is marijuana too?

Well, first things first, CBD is the medical abbreviation for cannabidiol. It is a compound that is derived from the cannabis plant. It’s the non-psychoactive compound from the plant - it won’t get you “stoned”. Unlike tetrahydrocannabinol (THC), CBD won’t get you “high”. 

So let’s think of the cannabis plant as an umbrella: the cannabis plant is the top of the umbrella, the marijuana plant is the metal holding up the umbrella, and the hemp plant is the umbrella pole. The terms are often used interchangeably, but there are distinct differences. 

Marijuana-Derived CBD

CBD that is extracted from the marijuana plant has some pretty straight forward legality guidelines. If your state has legalized marijuana plant products, then marijuana-derived CBD is legal in your state. As of the 2018 Farm Bill, 10 states have legalized marijuana products for recreational use for individuals over the age of 21. Thirty-three of fifty states of legalized the use of medical marijuana, requiring a doctor’s approval and note stating that the marijuana products will be used to help with a specific medical condition or concern. 

However, on the federal level, marijuana is still illegal. This is why it’s important to know your state’s regulations and laws regarding marijuana and CBD. 

Hemp-Derived CBD

Again, CBD can be derived from the hemp and marijuana plants. When it comes to CBD for your pets though, paw parents should only purchase hemp-derived CBD. 

In almost all 50 states, purchasing hemp-derived CBD products isn’t an issue. Since marijuana is still federally illegal, you shouldn’t be seeing much of marijuana-derived CBD, unless you live in a state where marijuana CBD is legal. 

Ensure that you do NOT give your dog marijuana-derived CBD. This can be very harmful and dangerous for your pet, as the THC potentially present, can be toxic to your pet. 

Hemp-derived CBD contains 0.0% - 0.3% THC. Yes, THC, is a psychoactive compound of the cannabis plant, which may give users a “high” effect. But the positives of having little to no THC present in your hemp-derived CBD is that there is not enough THC to get you “high”. 

Because hemp products don’t produce psychotropic effects, they are able for purchase in almost all 50 states. However, are they necessarily legal? No. It really is a “it depends” situation. 

Is CBD Legal?

One of the most commonly asked questions when CBD comes up in conversation is whether or not it is legal. Like I mentioned above, it’s not really a ‘yes’ or ‘no’ answer. Hemp CBD is still considered illegal in some states, such as Idaho. Thus, the legality of hemp CBD oil, at the state levels, continues to change continuously. On a positive note, more and more states are legalized both marijuana and hemp plants, at an increasing rate. 

We highly recommend doing your homework: check your state’s regulations and laws surrounding both hemp and marijuana plants and specifics on CBD. 

Here are some of the most commonly asked questions in regards to legalities in specific states. 

1. Is CBD Legal in Florida?

CBD that is hemp-derived is legal in the state of Florida. Medical marijuana usage is also legal in Florida, but does require certain health requirements to be met for a physician to give their patient a medical marijuana card. 

2. Is CBD Legal in Ohio?

CBD is illegal in Ohio, even though it can be purchased online and is sold in health food stores all over the state. This is a perfect example as to just how confusing CBD legalities are. 

Nonetheless, CBD oil derived from the marijuana plant is legal, if sold on a medical necessity level. 

3. Is CBD Legal in New York?

Medical marijuana is legal in New York. CBD derived from the hemp plant is also legal. New York also decriminalized marijuana semi-recently. 

4. Is CBD Legal in Texas?

CBD is legal if derived from hemp in the state of Texas. It cannot contain more than 0.3% THC. 

5. Is CBD Legal in North Carolina?

CBD is legal for patients with intractable epilepsy only. This form of CBD is hemp-derived. With this being said, hemp-derived CBD can still be purchased online in the US. 

6. Is CBD Legal in Illinois?

The use of medical marijuana and CBD derived from marijuana is legal when it is sold at the medical level. 

7. Is CBD Legal in California?

Marijuana is legal, medically and recreationally, in the state of California. 

Additionally, CBD oil derived from the hemp and marijuana plants are legal in the following states:

  • Michigan
  • Oregon
  • Nevada
  • Alaska
  • Colorado
  • Vermont
  • Washington D. C.
  • Washington
  • Massachusetts

Post Election: States that Approved Marijuana

As we quickly enter the middle of November with post-election boos and woo-hoos behind us, there are some definite and noteworthy legalizations that came into effect! Arizona, South Dakota, Montana, and New Jersey all passed legislation permitting for the possession of marijuana by adults. This means that 15 states have legalized or voted to legalize recreational cannabis. 

Mississippi and South Dakota also passed initiatives to allow for medical marjiuana, which means 36 of 50 states now permit the legal distribution of medical marijuana. 

Though this may not necessarily translate to legalization moves for CBD, this is still a major step in the right direction for cannabis and a medicinal and recreational therapeutic option for Americans across the country. 

The Legalities of CBD: Final Thoughts

When all is said and done, it’s kind of incredible that a natural herb such as CBD oil is changing lives and taking the holistic world by storm, in both humans and animals. Not only do we have holistic options for ourselves, but now our furry friends can benefit too. 

For this reason, you can see why so many are interested in learning and knowing the legality stances for their state on CBD. Luckily, as time continues to progress, experts and researchers are continuing to provide support for CBD oil and states are turning in. 

We hope that in the very near future, CBD oil and CBD products will serve for more people, animals, and health concerns.

Human Physiologist | Content Writer | Lifestyle Medicine Advocate
Kirsten Thornhill was born and raised in a small town in Northern California. She graduated with her Bachelors from CSU Stanislaus in Turlock, CA in Kinesiology Exercise Physiology and her Masters from Point Loma Nazarene University in San Diego, CA in Kinesiology Exercise Physiology. Kirsten is very passionate about human physiology and the metabolic and nutritional adaptations that occur in athletes. She has specialized in teaching clinical and practical exercise and rehabilitation applications. She enjoys educating and informing people on the importance of lifetime movement, holistic and lifestyle medicine, and health research and development. Her passion for alternative medicine enables her to strive when promoting health and education.

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