“However, while this legislation paved the way for the hemp industry’s expansion it in no way made the path to legal compliance any clearer for those in the hemp industry.”

In December of 2018, President Trump signed the Agricultural Improvement Act of 2018 (aka the 2018 farm bill) into law. That Act included a section removing hemp from the Controlled Substances Act. Hemp and marijuana are both cannabis but the most important difference is the federal government now considers cannabis with less than 0.3% THC, the intoxicating cannabinoid found in marijuana, to be legally classified as “hemp.”

Because hemp is no longer a controlled substance, and CBD can be extracted from hemp, all CBD must be legal in the United State, right? Well for the most part, yes, but not so fast as it’s still banned in a few states and heavily regulated in others.

Passage of the farm bill “legitimized hemp as an agricultural crop rather than a drug/controlled substance,” writes Bob Hoban, one of the nation’s most experienced hemp attorneys. “However, while this legislation paved the way for the hemp industry’s expansion it in no way made the path to legal compliance any clearer for those in the hemp industry.” And by extension: It’s no clearer for those in the CBD industry, either.

Yes, except for in certain states

Yes, it’s federally legal now. But some states still ban it, and others have specific regulations that govern the manufacture and sale of CBD products.

 

State

 

Legal?

 

Details

 

Alabama Yes None
Alaska Yes No CBD-infused food/beverage allowed
Arizona Yes No food/beverage
Arkansas Yes No food/beverage
California Yes No food/beverage
Colorado Yes No baked goods
Connecticut Yes Food/bev must be registered
Delaware Yes Hemp grower must be affiliated with DSU
Florida Yes Labeling is regulated
Georgia Yes No food/beverage
Hawaii Yes No Regulations
Idaho No Illegal in every form
Illinois Yes No Regulations
Indiana Yes Labeling is regulated
Iowa No Illegal in every form
Kansas Yes No food/beverage
Kentucky Yes CBD tea not allowed
Louisiana Yes Many product restrictions
Maine Yes Only if extracted from licensed grower
Maryland Yes Unclear
Massachusetts Yes Food/bev requires purity testing
Michigan Yes No food/beverage
Minnesota Yes No food/beverage
Mississippi Yes Must be at least 20:1 CBD:THC ratio
Missouri Yes Age 18+ only.

 

State

 

Legal?

 

Details

 

Montana Yes No food/beverage
Nebraska Yes No food/beverage
Nevada Yes No food/bev; Sold only in stores
New Hampshire Yes Regulations coming
New Jersey Yes No Regulations
New Mexico Yes No Regulations
New York Yes No food/bev; purity tests required
North Carolina Yes No food/beverage
North Dakota Yes No Regulations
Ohio Yes No Regulations
Oklahoma Yes No Regulations
Oregon Yes Label regulations coming
Pennsylvania Yes No food/bev; label regulations coming
Rhode Island Yes Label guidelines coming
South Carolina Yes No food/beverage
South Dakota No Not legal in any form
Tennessee Yes No Regulations
Texas Yes Label guidelines coming
Utah Yes Registration required for sales
Vermont Yes Some Food Regulations
Virginia Yes No Regulations
Washington Yes No food/beverage
West Virginia Yes No food/beverage
Wisconsin Yes No food/beverage
Wyoming Yes No Regulations

The 2018 Farm Bill

The 2018 Farm Bill establishes a new federal hemp regulatory system under the US Department of Agriculture which aims to facilitate the commercial cultivation, processing, and marketing of hemp. The 2018 Farm Bill removes hemp and hemp seeds from the statutory definition of marijuana and the DEA schedule of Controlled Substances. It even makes hemp an eligible crop under the federal crop insurance program. The 2018 Farm Bill also allows the transfer of hemp and hemp-derived products across state lines provided the hemp was lawfully produced under a State or Indian Tribal plan or under a license issued under the USDA plan. 

Read The Farm Bill
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