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Is CBD Legal?

The Legal Status of CBD in the USA and Abroad

Although CBD has basically become a household name, some people are still a bit confused about the legal implications of using cannabidiol oil and hemp flowers. This comes as no surprise, given the fact that CBD is regulated to varying degrees by different federal governments, individual states, and several different agencies offer conflicting views regarding it.

Read along to find out if CBD is legal in your state or country, and if so, what forms are allowed.

Is CBD Legal In The USA?

Yes, CBD is legal in the United States on a federal level. Well, hemp-based CBD is at least.

Before you scramble to purchase CBD oil from an online retailer — read on. While CBD is legal in the US, you should know there are two types of CBD - hemp-based and marijuana-based - and they're not both federally legal or in all states. Furthermore, a few states have decided to ban CBD products altogether, which we'll cover later as well.

Hemp-Based vs Marijuana-Based CBD

First, you should understand the difference between hemp-based and marijuana-based CBD. Hemp-based CBD comes from hemp flower plants that contain 0.3% THC or less; whereas marijuana-based CBD comes from cannabis plants that contain more than 0.3% THC. The end product - the cannabidiol - still contains 0.3% THC regardless of its origins. The very fact that it was derived from a cannabis plant, though, makes marijuana-based CBD illegal on a federal level in the United States. Different states still do allow its use, which we will cover later.

Hemp-based CBD, on the other hand, is federally legal, so long as it contains less than the required limit of 0.3% THC. Typically, hemp cultivars produce a minimal amount of THC - less than 0.3% - while still producing an abundance of CBD, making hemp flower ideal for cannabidiol production. Hemp flower and CBD were both first removed from the DEA's Schedule 1 Drug List in 2014, and this position was clarified in the 2018 Farm Bill.

Farm Bill of 2018

In 2018, the US federal government passed the Farm Bill.

The Farm Bill is a legislative document that covers agricultural, nutritional, and conservation-based policies. The 2018 Farm Bill is significant because it includes hemp alongside other conventional crops.

Specifically, the 2018 Farm Bill removed hemp from the Controlled Substances Act. Ultimately, the Farm Bill legalized the cultivation, manufacturing, transportation, and sale of hemp-derived products. Since CBD products are derived from hemp, they are legal under the 2018 Farm Bill. The Bill also protects products being shipped across state lines in which CBD is not permitted.

As you can imagine, the Farm Bill supersedes all state-level laws. However, there are a few states that have an extremely conservative view of hemp-derived CBD. Idaho, Iowa, and South Dakota are the only three states that still declare hemp (and therefore CBD) illegal.

What Type of CBD Products are Legal?

Any type of hemp-based CBD product is legal thanks to the Farm Bill. However, there is specific criteria that CBD products must meet. Let's take a look at what makes CBD products legal.

First, CBD products must be derived from hemp. Remember, the Farm Bill removed hemp from the Controlled Substances Act. If you find CBD oil that's derived from THC-rich cannabis plants, it's not legal on a federal level, but only in certain states.

Next, regardless or their origin, all CBD products must test below 0.3% THC. Lawmakers decided that 0.3% THC is the maximum allowable threshold of THC in any CBD product. If your CBD product exceeds 0.3% THC, it's illegal.

Finally, CBD products are not approved by the FDA yet. While the Farm Bill of 2018 did give control of the regulation of CBD to the FDA, this regulation has not begun thus far. So, if you find a CBD product that makes health claims, it's illegal in the united States. CBD is a therapeutic substance that can assist and support various mental and physical issues. Still, manufacturers cannot claim that CBD cures anything.

How Much CBD Can You Carry?

Currently, US residents are technically allowed to carry any amount of CBD products. As long as your CBD oil doesn't exceed the maximum limit of THC and is derived from hemp — you're in the green.

Is CBD Legal In Your State?

Yes, most likely. But maybe not. It all depends on where you are.

There are only 3 states that do not allow the sale of CBD at all. These states are: Idaho, Iowa and South Dakota. CBD is permitted in some form or another in all of the other 47 states.

Hemp-based CBD is legal in these 47 states, so long as it contains less than 0.3% THC. There are still some different nuances and varying regulations from state-to-state, so it's always best to check your own states laws.

Marrijuana-Based CBD, which is federally illegal, is only allowed for recreational use in 12 states, but is permitted for medical-use in 41 states. To obtain CBD for medical-use, the buyer needs a medical marijuana card and to make an appointment at a state licensed cannabis dispensary.

Is CBD Legal Abroad?

Yes and no.

Currently, the majority of the world agrees that CBD is a beneficial substance. However, there are a handful of notable countries that do not allow residents to consume CBD. Here's a list of countries that label CBD as an illegal substance:

● Venezuela

● Russia

● China

However, you must understand that most of the world shares a common view that CBD products are not dangerous. Like the USA, many countries allow CBD products that test below a specific THC threshold and are derived from hemp.

Types of Legal CBD Products

Next, let's take a look at the types of CBD products that you can find online — legally.

Hemp Flowers

CBD-Infused Edibles

CBD-Infused Vape Cartridges


CBD Concentrates

CBD Topicals

The list is extensive, and each type of CBD product offers an array of benefits.

If you reside in a state that allows CBD use, head over to Simply Crafted CBD for the best CBD products online. All of our hemp-derived CBD products test below 0.3% THC to ensure legal compliance and consumer safety.

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