The market is rushed with CBD products, But the question-’’Is CBD Legal?’’ still make you conscious about the use of CBD products. 

CBD is found in cannabis plants- the hemp plant and marijuana, both are relatives plants and have similar compounds. We all know that marijuana is popular for its mind-altering effect and to make you feel high. In most of the countries around the world marijuana is illegal. 

But it must be noted that CBD is the only one out of the thousands compounds found in cannabis. It is not responsible for the psychoactive effect, in fact it helps to treat many health problems found in both humans and animals. On the other hand marijuana medicinal use is not new, from ancient time marijuana is used for medicinal purposes, there are numerous benefits of CBD. 

As per government laws in short we can say that “Yes, CBD is legal.” There are certain aspects that one must know. 

CBD and Marijuana: What We Know about them?

CBD typically stands for Cannabidiol. It is one of the most prevalent and active ingredients of cannabis. It can easily be derived from the hemp plant and marijuana. 

CBD helps us to get some potential benefits and to maintain a healthy lifestyle. Today many people are using CBD based products and get certain benefits. CBD helps people to treat insomnia, stress, depression, arthritis and the list go on. 

We can also extract CBD from marijuana but there are also other compounds present in it which can make you feel high. The compound is THC which is present around 30 percent in marijuana plants.  This is the reason why marijuana based CBD is always in controversy. 

In recent years, a lot of researchers are working on it, to know more about the plant so that it could be used for various medicinal use. 

As per the recent research we can avoid or minimise the THC content and extract a pure form CBD. We can use it for many medicinal purposes and it can help to treat many diseases.

FDA has recognized certain benefits of the product and promoted the development of the CBD product. The FDA has considered CBD as safe for health. 

Let us know more about it. 

The Difference Between the Two

Both marijuana and hemp are of the same plant family, but one has more mind-altering compounds while the other has the less. Due to which the government had put it in marijuana class and considered it to be illegal. 

The main difference between the marijuana and hemp plant derived CBD is the THC content. 

The marijuana plant has around 30% of THC present in it while in hemp plant derived CBD have less than 0.3% of THC. The marijuana plant has thick lush foliage and flowers while the Hemp plant has fibre and seeds. In appearance also they are skinny and scarce. 

Are They Legal?

Are they legal 

This question confuses many people. Is CBD legal in all states? What are the rules and regulations for CBD? Honestly, it depends and can vary state to state. 

CBD is extracted from hemp plants or marijuana. Hemp plants are cousins of marijuana. But in law both the plants are understood in a very different manner that is why the legality of CBD is very crucial.

Companies are allowed to manufacture and transport CBD based products, but with certain rules and regulations. Companies pay a lot of attention to the quality of CBD to get passed through certain tests and make it the best CBD experience. 

But there are so many misconceptions and rumours about CBD products, so it is highly recommended to take experts’ advice and look at the label of the product. 

• Short Description

Marijuana and hemp are the types of cannabis. Both are rich in CBD amount. 

As we have already discussed both are related to a same origin family, in appearance both are quite similar. The compounds found in both the plants are also similar. Tetrahydrocannabinol (THC) is the most talked compound and is the origin of controversy. THC present in these plants has a mind-altering effect, and its consumption makes you feel high. 

The THC content present in marijuana could be upto 30% while in a hemp plant it produces a very little amount of upto 0.3%. So because of the abundance of THC content in marijauan it is kept illegal by the government. 

Hemp Derived CBD

Hemp CBD is basically derived from industrial hemp. The CBD is extracted from the seed and fibers. As discussed above Hemp plants have lower amounts of THC (Tetrahydrocannabinol) if we talk about  the US law, the hemp plant must contain less than 0.3% of THC content which is almost negligible.

Other than that it should stick to the shared federal regulations. It must be noted not everyone is allowed to grow hemp. The grower must have the proper license of it. 

Marijuana Derived CBD

As compared to hemp based CBD, the legality of marijuana derived CBD is a bit more complicated, because marijuana is illegal. 

But still there are few states where marijuana is legal for recreational use, its – California and Colorado. 

Under specific medical conditions marijuana derived CBD is allowed, otherwise it is strictly prohibited. 

There are certain states where marijuana based CBD is allowed for medicinal use. 

In 2020, 10 states completely legalized cannabis (both marrijuana and Hemp) for medical and recreational use. The states are Washington, California,Maine, Alaska,Massachusetts,Michigan, Nevada, Vermont,Maine and Oregon. In these states people have completely legal right for CBD use. 

It is highly recommended to take doctors advice before starting CBD consumption. 

Where there are around 47 states including the above mentioned states where marijuana derived CBD have been legal for medicinal purposes. 

However certain  regulation may vary state to state, the name of states where marijuana based CBD is allowed are Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico,Alaska, Arizona, Arkansas, California, Colorado,Rhode Island, Vermont, Washington and West Virginia,Connecticut, Delaware, Florida, Hawaii, Illinois, Maine,Mexico, New York, North Dakota, Ohio and Oregon.

Also, there are some states where the marijuana derived CBD is permitted under specific circumstances that includes Tennessee, Texas, Utah, Virginia, Wisconsin, Wyoming, Missouri, North Carolina, Oklahoma, South Carolina, Alabama, Georgia, Indiana, Iowa, Kentucky and Mississippi. 

You can easily find the specific rules and regulations for a particular state or can consult a lawyer. 

The 2018 Farm Bill

In 2018, the Agricultural Improvement Act (Farm Bill) was passed by President Donald Trump. According to that act hemp is reclassified as agricultural commodity. 

But there was a misconception that it legalised CBD whether it is from hemp or marijuana. 

It must be noted that this is wrong. CBD is legalized but with certain guidelines. As per the guidelines of DEA the CBD derived from hemp should contain less than 0.3% of THC. The hemp must be grown by a legal grower. 

Beside this, they removed the restrictions on CBD sale, transportation. Other than that there are certain federal rules and regulations. This bill makes it easier and considered as a big victory in the history of hemp industries.

After this bill many new industries were set up and made and helped people to treat many different health problems. 

States with Legal Cannabidiol

Well with so many rules and regulations there are 17 states which passed certain laws for the use of CBD which is usually extracted in the form of Oil, CBD cream, CBD edibles etc. 

CBD is  often used for the treatments of seizures or epilepsy in children too. Marrijuana have 1000 of ingredients which can have good health benefits and can help to recover serious diseases. Not every compound of marijuana has a psychoactive effect. 

So states have decided to look into the matter seriously and keep certain qualifying conditions so that the people could have the opportunity to use CBD for their health benefits. With its negative effects the government has also paid their attention towards the pros and tried to legalise CBD for certain circumstances. All thanks to the researchers and the various developments due to which this could become possible. 

Keeping all aspects in mind the following states have passed certain laws to do the effective medical use of cannabidiol. 

  • Alabama
  • Indiana
  • Georgia
  • Iowa
  • Kansas
  • Kentucky
  • Mississippi
  • North Carolina
  • Oklahoma
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Utah
  • Virginia
  • Wisconsin
  • Wyoming


Well we have almost covered all the aspects and cleared almost all questions related to “Is CBD Legal”. No doubt CBD has numerous benefits and can help you to attain the desired results. 

But whenever something is related to your body, always pay attention before starting it from legality to its after effects. Because everyone is different and has different requirements, you may find many different brands so always find the best for you.With your own research you can find the Best Full Spectrum CBD oils , CBD cream or CBD edibles to achieve the desired results.

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