As more and more states legalize cannabis, CBD laws are becoming increasingly complex. We are indeed one nation but that does not mean all Americans- or all states- share the same opinions or the saw laws. When it come to which states allow the use of CBD products, it can be tough to keep up with the latest changes. In this post, we’ll break down CBD laws by state so you can stay informed and make the best decisions for your health and wellbeing.
CBD is legal in all 50 states
One thing is the same in every state: if it’s from hemp, you’re in the clear. The 2018 Farm Bill federally legalized hemp-derived CBD on the federal level.
Types of CBD products that are not allowed in every state
While the 2018 Farm Bill federally legalized hemp-derived CBD on the federal level, there are still certain types of CBD products that are not allowed in every state. Depending on the local laws, some states may only allow certain forms of CBD such as oils, tinctures, edibles, creams and lotions. For instance, New York does not permit any food-based or drinkable CBD products like smoothies or lattes. On the other hand, Texas permits all products except smokable hemp flower.
Furthermore, some states have restrictions on THC levels in products. These typically range from 0% to 0.3%, with 0% being the most common limit in most states. If a product contains more than that amount of THC it is likely to be considered illegal within that state despite being hemp-derived as per federal law. Additionally, many states impose age limits on purchasing and consuming CBD products; usually requiring customers to be at least 18 years old or above before they can make purchases.
In addition to these restrictions and regulations, some states also require further testing and labeling for certain types of products like edibles and topicals. For example, California requires all edible products to be tested for cannabinoids by an accredited lab and labeled with dosage information prior to sale. This is just one example of how different states can have varying requirements for selling CBD products within their jurisdiction.
With so many variations in the rules governing consumption and purchase of CBD across the US, it’s important for consumers to stay informed about what’s allowed in their specific region before making any purchases. Doing so could mean avoiding potential fines or legal repercussions while also helping ensure consumers get access to high quality cannabinoid-containing products from reputable sources.
Delta-8 and Delta-9 are illegal in some states
Delta-8 and Delta-9 are two different compounds found in cannabis plants, but they have very distinct legal statuses in the United States. Delta-8 is an analog of THC (tetrahydrocannabinol) that is federally legal under the 2018 Farm Bill, while Delta-9 remains a Schedule I controlled substance. The difference between the two compounds lies in their chemical structure; Delta-8 has a double bond on the 8th carbon chain whereas Delta-9 has a single bond on the 9th carbon chain.
Despite being federally legal, Delta-8 THC is still illegal in some states due to individual state laws that have yet to update their own regulations regarding hemp products. For example, Idaho, Iowa and Nebraska have entirely prohibited any form of THC consumption or sale within their borders regardless of its origin. Other states like Texas, South Dakota and Louisiana have outlawed smokable hemp flower and other forms of smokable CBD products containing any trace amount of THC — including Delta-8.
The varying levels of acceptability for this compound further highlights how important it is for consumers to be aware of local laws before purchasing or using Delta-8 products within their state. It is recommended to always check with your local government before attempting to purchase, consume or transport any type of cannabinoid product — especially those containing any amount of THC — in order to avoid potential fines or criminal charges. Additionally, it’s important to seek out reliable sources when it comes to buying these types of products as quality control measures may vary across companies producing them.
Delta-8 is in some CBD Products
Delta-8 is a cannabinoid found in cannabis plants that has recently become increasingly popular for its potential therapeutic benefits. It is an analog of THC that is federally legal under the 2018 Farm Bill, though it remains illegal in some states due to individual state laws. In these states, any form of THC consumption or sale within their borders is prohibited regardless of its origin.
In recent years, Delta-8 has been appearing more and more frequently as an ingredient in CBD products such as tinctures, edibles, and capsules. This compound offers a milder version of the effects associated with THC while still providing potential therapeutic benefits like relaxation and sleep aid. However, due to its close chemical structure to Delta-9 THC, it can cause psychoactive effects if consumed in high doses.
FAQs about CBD Legality
Will CBD gummies show up on a DOT drug test?
While the DOT tests for THC and not CBD, CBD could vary in its quantity of THC. Depending on the quality of your CBD source, your CBD could have enough THC to get a positive drug test. The Department Of Transportation itself warns about this in its “CBD” Notice.
Are CBD gummies legal to fly with?
You’re safe to fly with regular, hemp-derived, low-THC CBD in the US. If you are using Delta-8, medical marijuana, or traveling outside of the U.S, check out this guide to traveling with CBD.
What states have the strictest CBD laws?
Idaho, Nebraska, and South Dakota have the strictest laws. It is illegal to buy marijuana in any form, including marijuana-derived CBD, in these three states.
Further Reading
Check out our CBD Ultimate Guide for more info about CBD legality and the laws each state has.