Is CBD Legal?

Is CBD Legal?

As demand for CBD continues to grow, one of the main questions people have regarding the product is whether they are legal. If you want a short answer, that’s yes. But, the legality of CBD isn’t black and white, as there is a lot of confusion, and it is only legal under specific conditions.
There are also a lot of legal conditions that CBD brands need to follow for their product to be considered legal. Depending on where you live, we’ve put together a guide covering the legality of CBD.

Is CBD Legal Federally?

CBD is legal on the federal level due to the 2019 Hemp Farming Bill. Both marijuana and hemp contain CBD, but the latter is federally legal. This means that consuming hemp-derived CBD products is legal, but marijuana-derived CBD is not legal federally.
For CBD to be considered legal on the federal level, it has to meet three specific criteria. It must contain less than 0.3% THC, be grown by a licensed grower, and adhere to shared state-federal regulations. There are also no restrictions on the federal level on the sale, transportation, and procession of hemp-derived CBD.
It’s important to note that the federal legality of CBD doesn’t guarantee state legality. States have separate laws that can add more regulation to the use and sale of CBD products, while others might ban the product altogether.
Before purchasing any CBD product, you should check the state laws that are in place. For instance, you can have CBD in Minnesota and Illinois, but not Iowa.

Is CBD Legal in Texas?

CBD products are legal in Texas. As of the 5th of April, 2019, CBD was removed from the Schedule I Controlled Substances list by the Texas Department of State Health Services. This was after Texas adopted the 2018 Hemp Farming Bill.
This means that the requirements for CBD products being legal in Texas are the same at the federal level. But for medicinal purposes, CBD is legal when it has 0.5% THC or less for certain patients with autism, ALS, intractable epilepsy, terminal cancer, seizure disorders, and more. Possession of CBD is legal in CBD as long as it falls under 0.3% THC.

Is CBD Legal in Florida?

CBD and hemp are legal for cultivation and consumption in Florida, as long as they contain less than 0.3% THC content. This is only for those aged 18 and older. Also, no licensing is needed to consume hemp products in Florida, but you need a license for growing and selling hemp products in the state.
Getting a license for growing and cultivating hemp plants in Florida requires you to apply with fingerprints, transportation plans, environmental containment plans, and special requirements.
Medical marijuana can also be sold in state-certified treatment centers, but patients need a medical marijuana card. To qualify, you must be a state resident, have a qualifying medical condition, and receive a diagnosis.

Is CBD Legal in Virginia?

CBD is legal in Virginia. Virginia follows the same federal guidelines as the Farm Bill of 2018. This means that all CBD products must come from hemp with a THC amount of 0.3%. CBD oil is legal in Virginia but must come from cannabis plants that meet the federally accepted limits.
Recreational marijuana is not legal in Virginia, and medical patients also face challenges in getting CBD products.

Is CBD Oil Legal in All 50 States?

CBD oil is legal in all 50 states as long as it is approved by the FDA and DEA and follows the federal rules. Since CBD oils from hemp don’t go over 0.3 THC, it’s impossible to get high from consuming them. This satisfies the federal requirement, too, making its sale and use in all states lawful.
All states have their own Controlled Substances Act that generally mimics the federal rules. So, until a state takes hemp off their list of substances, it is still considered marijuana and will be illegal in that state.
CBD oil can ease the symptoms of health conditions like neurological disorders and anxiety. It also offers pain relief and can benefit your heart.

How to Confirm a CBD Product is Legal?

Even if a company states that a CBD product is 100% legal, you shouldn’t take it at face value. You check whether the product is legal, and you should review the certificate of analysis.
This document includes cannabinoids, residual solvents, pesticides, microbial contaminants, and heavy metals. You should also check the THC rating to see if it is legal. It’s best to purchase CBD from trusted brands.

Frequently Asked Questions

Is CBD Good for Anxiety?

CBD can be used to relieve anxiety. Research and studies have supported this claim by connecting the positive effects of CBD to relieving different anxiety conditions.

Does CBD Oil Get You High?

CBD oil does not get you high since it has a low level of THC. Although CBD does not get you high, it is still psychoactive in changing your consciousness. It makes you feel more comfortable and mellow and takes away your pain.

What Does CBD Mean?

CBD is the abbreviation for cannabidiol, one of the many cannabinoids in hemp or marijuana. It is an active ingredient but does not cause you to get high and is not addictive.

Is Hemp Weed?

Hemp is not considered a weed according to science, but it is based on the law. The two plants have the same species and are just two different names for cannabis, a flowering plant.


Although there are a lot of gray areas to keep in mind when asking, ‘is CBD legal,’ consumption is not as complicated as growing and cultivating the plant. It’s important to check the laws of the state you live in, even if it is legal on the federal level. You should also assess the product before consuming it to ensure it is legal and has the right amount of THC.