Natural CBD Organic Plants

Is CBD Legal in All 50 States?

Elixinol Hemp Protein Seeds

CBD is one of many non-intoxicating cannabinoids found in hemp or cannabis plants. Because CBD can come from marijuana, and because of marijuana’s current federal classification, there is concern that some CBD could not be legal in the U.S., and while that is true, there are many alternative hemp based CBD products that are available in all 50 states.

There are many products that come from agricultural hemp, like hemp protein or hemp seeds, or hemp based CBD oil, that are legally produced and shipped to all 50 states, and this also includes a thriving hemp based CBD industry. The Hemp Industry Association won this battle in court years ago.

CBD is a naturally occurring chemical compound, like lycopene in tomatoes, resveratrol in wine, or polyphenols in chocolate. CBD doesn’t officially claim to cure or prevent any disease, but people are flocking to these hemp based oils that contain cannabinoids by the masses for a thousand different reasons. And, the industry is thriving because people are finding so much enjoyment and use from this dietary supplement.

In the 28 states where medical marijuana is legal, CBD products from cannabis are covered by those same legal protections. 16 states have passed CBD-only laws, which legalize the possession and use of cannabis based CBD products for specific qualifying condition, although still not cannabis products containing higher levels of THC.

Six states still consider every part of the cannabis plant, including CBD derived from cannabis, to be illegal. Those states are Idaho, South Dakota, Nebraska, Kansas, Indiana, and West Virginia. But, CBD produced from agricultural hemp is being legally sold in all the 50 U.S. states.

We are proud to announce that all of the national brands we work with including Elixinol, Pharma CBD, PlusCBD, and a few select others; ship to all 50 states. We are glad to be able to introduce you to companies that produce certified high quality, multi-spectrum, non-isolate CBD products from agricultural hemp.

According to DEA spokesperson Baer, a CBD product’s legality will depend on where it is sourced.

If the CBD was derived from the non-psychoactive part of the cannabis plant, ‘then you’re talking a non-controlled substance.’ Russ Baer, DEA spokesperson

This means whole hemp products that may contain CBD are legal, but CBD isolate products are not. So hempseed oil is federally legal.

More on this issue:

Rohrabacher–Farr amendment

None of the funds made available in this Act to the Department of Justice may be used, with respect to any of the States of Alabama, Alaska, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, or with respect to the District of Columbia, Guam, or Puerto Rico, to prevent any of them from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana.

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