Is CBD Oil Legal in All 50 States?

CBD isn’t just a trend that’s going to lose momentum. It has become a way of life for many people in the USA. People are turning to CBD and hemp extract to help manage their stress, anxiety, pain, sleep issues, inflammation, and migraines. Still, many in the U.S. are cautious about the legality of buying CBD Oil in their state. This concern extends to purchasing CBD in local stores as well as when they are looking to buy CBD online. So, let’s break down the legal stature of CBD on the federal and state level to clear up the confusion. 

The 2018 U.S. Farm Bill legalized the cultivation of Registered United States Industrial Hemp with no more than 0.3% THC (Tetrahydrocannabinol). This federal law has recognized hemp as an agricultural commodity and has declassified CBD from a Schedule 1 substance to a Schedule 5 substance under the Controlled Substances Act.  

There are 5 classes of controlled substances. Schedule I classification implies that the drug has no medicinal benefits and prohibits research on the substance. Until 2018, THC had played the largest role in why cannabis was listed as a Schedule 1 drug. This is a result of the psychoactive effects of the THC cannabinoid. 

A Schedule 5 substance, on the other hand, is the lowest classification and is being ranked as less addictive with a lower potential for abuse. The FDA and DEA have stated that Schedule 5 substances may include analgesic, antitussive or antidiarrheal drugs. For instance, Lyrica and Robitussin AC are classified as Schedule 5. Schedule 5 substances do provide medicinal benefit, and thus this reclassification of hemp is much appreciated by researchers and consumers who are interested in hemp and CBD benefits.

In 2019 the U.S. Department of Agriculture announced the interim that explicitly allows hemp to be transported across state lines with compliance to state-approved programs. While federally, hemp-derived CBD is legal in all 50 states, consumers, retailers, manufacturers and farmers are still at the mercy of state laws so let’s take a deeper look.