Is CBD Legal in all 50 States? Learn All You Need to Know In 5 Minutes
Last Update: April 20, 2020
You may have seen on TV or read online news about CBDs and are still confused about where CBD is legal and also the difference between THC, and full spectrum phytocannabinoids. Ever since the 2018 farm bill was passed, there has been speculation such as: Is CBD legal in every state? Or are CBD dietary supplements legal? In this article, we answer these questions to help you understand exactly where CBD is legal.
Many people are under the false impression that CBD or cannabidiol supplements can be lawfully marketed with the passage of the Agriculture Improvement Act of 2018 (The 2018 Farm Bill).
That is not correct.
On December 20, 2018, then FDA Commissioner, Scott Gottlieb, M.D., issued a press release to make their position clear. In the release he said, "it's unlawful under the FD&C Act to introduce food containing added CBD or THC into interstate commerce, or to market CBD or THC products as, or in, dietary supplements, regardless of whether the substances are hemp-derived."
The given reason for this was that both CBD and THC are active ingredients in FDA-approved drugs and were the subject of substantial clinical investigations before they were marketed as foods or dietary supplements.
The wording of FDA Commissioner Gottlieb’s statement is interesting. Specifically, it indicated that “added CBD” could not be introduced into a food or dietary supplement.
This suggests that CBD isolate cannot be part of a dietary supplement.
But what about a plant, such as hemp, that contains naturally occurring phytocannabinoids - including CBD? The answer is, that all depends. If the product is positioned as a hemp supplement rather than a CBD supplement, that is probably okay.
While hemp supplements are legal in all 50 states, marijuana or CBD-derived from marijuana is not legal federally.
So is CBD actually legal in any states? The answer is a limited yes.
In What States Is CBD Legal?
The answers to this question are as follows:
- CBD is legal in all states as a prescription drug for epilepsy, called Epidiolex.
- CBD is not legal in any states as a medication for any other purpose.
- In some states, CBD is legal as a dietary supplement:
The States Where CBD is Legal
Legal status is for adults, and depending on the state, sometimes for qualified minors.
The Takeaway - Is CBD Legal in the United States?
Plenty of consumers and dietary supplement brand owners are still confused about whether or not CBD or cannabidiol is legal.
The passage of the 2018 Farm Bill removed hemp from the list of controlled substances, thus legalizing hemp in all states and making consumers feel more secure about purchasing hemp-derived phytocannabinoid products.
Note: The information in this article is true and accurate to the best of the author's knowledge at the time the article was written.