Is CBD oil legal in my state? Can you legally buy CBD oil and travel with it everywhere? We explain the legal status of CBD for 2020.
In 2018, the Congress passed the amended version of the Farm Bill, officially removing hemp from the Controlled Substances Act.
Hemp is now an agricultural commodity and can be grown, processed, and sold for commercial purposes throughout the United States.
As with every federal law, states have the right to either adapt to the new Farm Bill or challenge its regulations by implementing their own limits on the legality of CBD oil.
In this guide, we highlight everything you need to know about the legal status of CBD in the US. You’ll also learn where to buy high-quality CBD oil and what measures to take when traveling with CBD around the world.
What is the Legal Status of CBD in the United States?
The US federal government officially legalized hemp and hemp-derived products in 2018, when the new Farm Bill went into effect.
You can find CBD oil all across the states, both locally and online.
Hemp-derived CBD is available in many different forms, including traditional tinctures, capsules, edibles, vapes, and topical products.
you can find them over the counter among other health supplements, because that’s how the FDA classifies CBD hemp oil.
Is CBD Oil Legal in My State?
As mentioned, states can challenge the federal law by creating their own restrictions around CBD oil from hemp.
The legal status of CBD by state is quite clear: 47 states accepted the new Farm Bill, and only 3 states decided to limit the access to hemp CBD products for their residents.
- Idaho: Idaho has one of the strictest CBD laws in the US. Despite the 2018 Farm Bill, the state has decided to ban all forms of CBD, with one exception — extreme forms of epilepsy. However, these patients can only receive a prescription for Epidiolex, a synthetic CBD-based drug.
- Nebraska: despite having an industrial hemp pilot program, Nebraska has banned all forms of cannabis, including CBD. Cannabidiol is still listed as part of marijuana under Nebraska’s Uniform Controlled Substances Act. Hence the musky legal status of CBD.
- South Dakota: Until 2019, the legal status of CBD in South Dakota was a bit unclear. The state authorities reclassified CBD as a Schedule IV substance. However, that still criminalized CBD in a way that stays in contrast to the federal legalization of hemp-derived CBD. In January 2019, South Dakota’s Health and Human Services Committee passed an amendment that legalized possession of hemp CBD without a prescription
Does it Mean that Marijuana CBD Oil is Legal too?
No, that is not the case for marijuana CBD oil.
Marijuana is still considered a Schedule I substance according to the Controlled Substances Act of 1970. Possession of any amounts of marijuana is a federal crime and you can face jail time when caught with it.
Therefore, you can’t legally buy marijuana CBD oil if your state doesn’t, at least, have a medical marijuana program.
Only people living in one of the 11 states that have legalized marijuana for recreational purposes can buy marijuana CBD oil without a prescription. This from states with medical marijuana programs need to apply for a medical cannabis card to get their CBD oil.
What CBD Products Are Legal?
You can find CBD in many different forms, including:
If you want to make sure that your CBD oil is legal in your state, isolate-based oil is the safest option.
CBD isolate contains nothing but 99.9% pure CBD. It has no terpenes or other cannabinoids, including THC. Isolate-based products are labelled THC-free, so always look for a “THC-free” stamp on your CBD oil.
Where to Buy CBD Oil
Now that we’ve established CBD oil is federally legal and widely available across the United States, you’re probablyly wondering “where to find CBD oil near me.”
You have two options:
Buy CBD Oil Near Me: Not the Best Way to Buy CBD
Buying CBD oil locally is very convenient. You can just step into a head shop or dispensary, and buy one of the CBD oil products they have on the shelves.
However, there are certain downsides to buying CBD oil from in-store vendors.
First off, CBD products in head shops and dispensaries are often sold for 3 times the price you would pay for the same product bought online.
Moreover, there’s a risk that the store’s owner didn’t take necessary measures to ensure proper storage for their CBD oil, so you may actually buy a product with lower than advertised potency due to that.
But most importantly, head shops and dispensaries often have a limited offer when it comes to CBD products. There’s a chance that your desired form of CBD won’t be available at your local store.
But here’s a better way to buy your CBD Oil.
Buy CBD Oil Online
The majority of CBD stuff is sold online today and there’s a good reason for that.
Buying CBD oil online gives you access to a wide range of different CBD products. You can do it in the comfort of your home, without having to bounce between different stores.
Aside from the obvious convenience, you can also do better research on your prospect vendor. You can check how they manufacture their products, what hemp they use, and whether or not they sell full-spectrum CBD.
Not to mention that you can read the lab reports from 3rd-party testing to verify the potency and purity of your product.
Every company has an option to send samples of their products to an independent laboratory for a content analysis. At CBD SKY, we test our CBD oils rigorously to confirm they are potent, clean, and safe for consumption.
That way, you know exactly that terms like “organic hemp” and “full-spectrum” aren’t just fancy buzzwords to hook you up on CBD. You receive premium quality at affordable prices — proven by a Certificate of Analysis.
Traveling with CBD Oil: Can I Take CBD on a Plane?
Since CBD oil is federally legal, traveling with CBD oil from hemp won’t get you into legal trouble. You can travel with CBD oil in a car and in public means of transportation just as you travel with any other food supplement — as long as it contains 0.3% THC or less.
But can you take CBD on a plane?
You can travel with CBD oil across state lines and throughout North America without any problems because hemp-derived CBD is accepted there.
For traveling with CBD oil around the world, you’ll need to check with the local law surrounding hemp. Som countries allow full-spectrum products but have different limits for THC; others have banned all forms of CBD except for isolate, so it’s important that you stay up to date with the cannabis legislation in your destination.
Key Takeaways on the Legal Status of CBD oil
Here’s what you need to know about the legality of CBD oil in the US:
- Hemp-derived CBD is now federally legal under the 2018 Farm Bill.
- You can legally buy CBD oil both in local stores and online.
- CBD hemp oil is labelled as food supplement or “novel food”
- States can adapt to the federal law or challenge it by introducing their own limits on hemp and CBD.
- 47 states have accepted the amended Farm Bill
- 3 states (Idaho, Nebraska, and South Dakota) have put restrictions on CBD hemp oil.
- You can travel with CBD oil across the state lines as long as it contains 0.3% THC or less.
- Traveling with CBD oil around the world requires you to check with the local laws surrounding hemp and CBD.
Is CBD oil legal where you live? Share this post on your social media if you liked it and leave a comment below to let us know how you buy your CBD.