Is CBD Legal in my State?
IS CBD LEGAL IN MY STATE?
The most misunderstood thing about CBD is the fact that it is not Marijuana, and cannot be if it is legal in your state. Legal CBD is from the hemp plant. It is sort of like poppy seeds in the grocery store. Sure they come from an opium poppy, but they are safe and legal.
Marijuana comes from the Cannabis Indica or Sativa plant while hemp is only from the Cannabis Sativa variety. Marijuana was originally a balanced plant by nature of CBD, THC and over 100 other cannabinoids. It was later bred to be higher in THC, which is the cannabinoid that produces the psychoactive effect, or the high. Thus, marijuana-- even though it is illegal in most states-- is used for the recreational benefit that comes from the high of THC and not for the medicinal benefits of the CBD. The marijuana plant contains only a small amount of CBD when compared to the hemp plant. The hemp plant contains only a trace amount of THC by nature.
As of late, the medicinal properties of the marijuana plant are becoming legal for medical use, but the psychoactive effect is still there and can produce these unwanted side effects:
- Memory loss
- Social anxiety disorder
- Heart damage
- Low testosterone
- Lung damage
- Decrease in motor response
- Poor decisions
- Appetite dysfunction
While marijuana is widely recognized as being much safer when compared to alcohol and other drugs, it can still cause many health issues. Most marijuana users will ag0ree that they have experienced some, if not many of these negative side effects at any given time.
Enough about Marijuana! What about CBD?
With the 2018 farm bill passing, Industrial Hemp with the botanical name of Cannabis Sativa was believed to have become legal to grow in all 50 states. However, state laws override the Federal law and there are still a small handful of states that do not allow the pro d 5uction of Industrial Hemp.
The government classifies hemp as any plant of the cannabis family that contains less than 0.3% THC. It classifies “Marijuana” as any plant of the cannabis family that contains greater than 0.3% THC. If it is derived from the hemp plant, most states follow the Federal law and allow the THC content to be less than .3%.
‘Marijuana’-derived CBD is not legal federally.
Hemp cannabis plants have a high amount of CBD and .03% to 0% THC, making them the most efficient plant for CBD processing. CBD made from "marijuana" with THC of more than .3%, is only legal if your state legalized marijuana either for medicinal use and/or recreational use.
Here is a closer look at states and their friendliness towards CBD:
CBD Most Friendly States
These states have explicit laws allowing retailers to sell hemp-derived products: Alaska, Colorado, Illinois, Indiana, Oklahoma, Kentucky, Maryland, Missouri, New York, North Carolina, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Texas, Vermont, and Wisconsin.
CBD Friendly States
In these states (district) industrial hemp grown in a Farm Bill-compliant agricultural pilot program is explicitly exempted from the definition of marijuana: the District of Columbia, Hawaii, Kansas, Montana, New Mexico, and North Dakota.
CBD Semi-Friendly States
States are without explicit prohibitions against the retail sale of industrial hemp-derived CBD products but that have exemptions in the law for the argument that hemp-derived CBD products are legal. In most states if the CBD contains 0 THC and comes from the stem of the industrial hemp plant, it is considered legal: Arkansas, Delaware, Florida, Connecticut, Georgia, Idaho, Iowa, Louisiana, Maine, Massachusetts, Nebraska, Minnesota, Mississippi, New Hampshire, New Jersey, Pennsylvania, Virginia, and Washington.
CBD Gray Area States
These states have no explicit prohibitions against the sale of CBD products. However, recent law enforcement actions or pronouncements raise the risk of the retail sale of hemp-derived CBD products that contain any amount of THC: Alabama, Arizona, California, Michigan, Nevada, Ohio, West Virginia, and Wyoming.
CBD Illegal States
South Dakota – as of January 2020 it is still illegal to have any form of CBD whether you live in the state or are visiting.
Just as there are hundreds of small communities in the United States that prohibit alcohol sales, local and state laws may still restrict the sale of industrial hemp products even against federal law. Some states continue to view CBD as being no different than marijuana itself.
Education is needed as this incredible herbal extract is safe, as few if any side effects of taken at the suggested dosage, and is safe for pets if it contains 0 THC.
- maryann stanger