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, 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? There are many plants, besides hemp, that contain phytocannabinoids or otherwise have cannabinoid properties.
These include, but are not limited to:
- Culinary herbs such as basil, cinnamon, black pepper, cloves, oregano and rosemary
- Medicinal herbs such as echinacea spp, curcuma spp. (turmeric), and glycyrrhiza (licorice).
- Foods such as Theobroma cacao (from which chocolate is derived), Camellia sinensis (green and black tea), grapes, Brassica spp. (e.g. broccoli, cabbage, etc.), Apiaceae family (e.g. carrot, parsley), Helichrysum spp. (the sunflower family of plants), Amorpha spp. (the pea family of plants).
All of these plants are lawful to sell in dietary supplements and/or as foods, despite the fact that they all contain naturally occurring phytocannabinoids. In discussing this with some legal experts, the position is that products containing naturally occurring phytocannabinoids from plant sources such as hemp are not a problem - assuming that the products aren’t positioned as CBD products.
While hemp-derived CBD is legal in all 50 states, CBD derived from marijuana, is not legal federally. The issue, therefore, of where CBD is legal is largely determined by the source of the CBD. CBD made from ‘marijuana’ with high levels of THC, is only legal if your state has legalized marijuana.
CBD isolates, on the other hand, are a clear violation of the FDA’s position.
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.
- CBD is not legal as a dietary supplement in any state (per the FDA, as previously discussed)
What States is Full Spectrum Phytocannabinoids Legal In?
Natural occurring FULL SPECTRUM PHYTOCANNABINOIDS are allowed in all 50 states.
In What States Is THC Legal?
Just in case you were also wondering about the legal status of THC as marijuana, here is some information about that as well.
What States is THC (as marijuana) Legal for Recreational and Medical Use?
- Washington (WA)
- Oregon (OR)
- California (CA)
- Nevada (NV)
- Alaska (AK)
- Colorado (CO)
- Massachusetts (MA)
- Vermont (VT)
- Maine (ME)
What States is THC (as marijuana) Legal for Medical Use Only?
- Hawaii (HI)
- Arizona (AZ)
- New Mexico (NM)
- Montana (MT)
- North Dakota (ND)
- Minnesota (MN)
- Oklahoma (OK)
- Arkansas (AR)
- Louisiana (LA)
- Illinois (IL)
- Michigan (MI)
- Ohio (OH)
- Florida (FL)
- Maryland (MD)
- Delaware (DE)
- Pennsylvania (PA)
- New Jersey (NJ)
- New York (NY)
- Connecticut (CT)
- Rhode Island (RI)
- New Hampshire (NH)
What States Is THC (as marijuana) Illegal?
- Idaho (ID)
- Utah (UT)
- Wyoming (WY)
- South Dakota (SD)
- Nebraska (NE)
- Kansas (KS)
- Texas (TX)
- Wisconsin (WI)
- Iowa (IA)
- Missouri (MO)
- Indiana (IN)
- Kentucky (KY)
- West Virginia (WV)
- Virginia (VA)
- Tennessee (TN)
- North Carolina (NC)
- South Carolina (SC)
- Mississippi (MS)
- Alabama (AL)
- Georgia (GA)
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.
Call (855) 492-7388 and speak to one of our knowledgeable and friendly staff members should you have any additional questions about the legalities of CBD and THC or how to go about custom manufacturing a high quality phytocannabinoid dietary supplement.
About the Author: Andrew Goldman
Andrew Goldman is the Vice President of Marketing for NutraScience Labs. In this role, he leverages his 10+ years of experience to develop cutting-edge initiatives for our firm.