A registration process has been created by the texas department of health services for the retailer to sell CBD legal in Texas. The minimum age to buy CBD depends on the country & state you live in. Some places don’t have age restrictions; others only allow those 19 or above to buy CBD. CBD could cause problems with Child Protective Services, because of what some call a loophole in our state law.
Is CBD legal in Texas for Minors Guide for TX
There are approximately more than 100 cannabinoids in the cannabis plant but the two most important are THC and CBD. State-level and federal level legislators have started to agree on a point of therapeutic benefits of CBD including CBD oils. CBD products are now widely available in the Texas. The people of Texas can now enjoy various therapeutic benefits of cannabidiol for various ailments. The acceptance of new laws and bills regarding the CBD in Texas CBD has brought an essential milestone for alternative treatment for chronic illnesses like pain and anxiety for the people and unsurprisingly the demand for legal CBD is already sky-high in Texas.
In this article, we will look at the legal status of CBD in Texas, CBD laws, and CBD legal status for minors.
The Legal Status of Hemp Production and CBD in Texas
Governor Greg Abbot which makes the CBD legal in Texas signed House bill 1325. The legal CBD contains less than 0.3% of the THC. This House Bill 1325 becomes a law and came into effect by September 2019. This law defined
- The hemp plant is cannabis according to the Agricultural code.
- All the CBD derivatives, cannabinoids, and extracts should contain no more than 0.3% THC content
- For the hemp production plan, the state Department of State Health Services and the Department of Agriculture should corporate.
- Amendment in the Health and safety code as hemp is excluded from the list of control substances as it does not contain THC.
- Hemp is separated or excluded from the marijuana definition
With the adoption of HB1325, the people of Texas are no longer in fear of getting penalties for the procession of CBD derived from hemp like CBD oil. The laws related to CBD oil production and sale are still restrictive within the state. Under new CBD laws, the CBD must be checked and test for potency and purity for making all CBD products compliant with rules and regulations. CBD is legal in Texas for Texas residents if the concentration of THC falls below 0.3%. CBD products from marijuana containing THC more than 0.3% are illegal and fall in the cannabis medical program where the limit is less than 0.5%. In Texas, it is perfectly legal to buy CBD products online as far as they are derived from Hemp
CBD Licensing Requirement in Texas
Texas introduces medical CBD cards for the people requiring the CBD products for medicinal purposes through Texas Compassionate Use Program. Texas department of agriculture set the rules and regulations for the licensing and cultivation of hemp for manufacturers, processors, and growers. Application for the production of hemp can be approached through the Department of Agriculture Texas website. A registration process has been created by the texas department of health services for the retailer to sell CBD legal in Texas.
Sale of CBD oil Without Approval from the FDA
Unapproved CBD sellers which claim the therapeutic uses of CBD oils under current laws are not approved by FDA and FDA may consider it as a new drug and new drugs cannot be introduced in the market without the approval of the FDA. FDA only approves the new drug with significant scientific data on clinical trials, effectiveness, and safety. As the CBD product may lead to self-diagnose of condition that is why the direction of use cannot be mention on the product for layman safety purposes. This may lead to defining such products as misbranded and to sale misbranded products in the market is considered a violation of FDA laws.
Is CBD Legal for Minors?
With the signing of House bill 1325, CBD products containing less than 0.3% THC are considered legal for teenagers, children, and adults. As a general rule, you should be extra cautious to be when giving any kind of supplements to minors and pregnant women. The reason is the effect of THC on the development of the brain in adolescents.
There is a drug that is purely CBD and its name is Epidiolex, prescribed for children suffering from intractable epilepsy. This drug is approved by the food and drug authority of the US and is a prescription drug. This is the only health insurances covered CBD drug.
Texas Medical Cannabis Oil Program
Texas compassionate use Act was passed in the year 2016. With this act, there was the beginning of cannabis reforms within the Texas state. This law made the CBD legal in Texas for minors who are low in content THC for treating epilepsy. This Act was also under critic because of its limited approach to CBD products. In Texas getting a medical card for CBD use in epilepsy is also not that easy and has many roadblocks including a licensed medical practitioner prescription. At the federal level doctors are prohibited from prescribing CBD in Texas. People are purchasing CBD products online which for sure is a criminal act but on the other hand, parents very much seem torturous for getting approval of CBD products for their child.
Texas is proceeding very slowly with the medical marijuana program and only three companies are approved for manufacturing and selling cannabis oil in the state. State cannabis law emphasis that the CBD oil must contain THC less than 0.5% while hemp-derived CBD oil should be less than 0.3%.
Common drug-related item marijuana paraphernalia was found by law enforcement. This paraphernalia includes anything that can be used for harvesting, growing, transportation, selling, packaging, and using marijuana.
- Keeping paraphernalia in the procession is punishable with a fine of $500.
- Examples of paraphernalia are pipes, rolling papers, and clips, lighter, weighing scales, and plastic bags.
- The punishment of selling paraphernalia is punishable by law with an imprisonment of 1 year and a fine of $4000.
- Selling this to minors is also punishable by law with 180 days imprisonment to 2 years of imprisonment and a fine of $10,000.
Author – Noah Nicholls
Noah Nicholls is a full-time Writer, Traveler, and Marketing Expert who is Currently Working for CBD-Boxes. Noah Nicholls writing relates to a range of subjects such as CBD and health.
How Old Do I Have to Be To Buy CBD? (CBD Age Restrictions By State & Country)
The minimum age to buy CBD depends on the country & state you live in. Some places don’t have age restrictions; others only allow those 19 or above to buy CBD.
CBD (cannabidiol) is a powerful cannabinoid with many proven (and some unproven) health benefits.
Because of its association with marijuana, many states have enacted local laws that prevent minors from buying CBD.
CBD is considered federally legal. In fact, no age restrictions have been set by the federal government, so technically, people of any age can buy CBD in the USA. Some states, however, still impose state-wide age restrictions or outlaw cannabinoids altogether. The same is true of other countries.
This article will provide you with all the information available regarding the age restrictions involved with purchasing CBD.
Table of Contents
Do I Have to Be 18 to Buy CBD?
The federal legislation regarding CBD is set by the 2018 Farm Bill. This bill doesn’t make any specifications regarding the age limits for people wanting to purchase CBD. So, at a federal level, people can buy CBD products at any age.
However, most states choose to enact some sort of law requiring people to be a certain age before they can buy CBD. Some states require people to be 18; others require them to be 21.
Some states even have varying standards depending on which county or jurisdiction you’re in. You’ll be able to find out more specifics in the section below.
Is CBD Legal In the USA?
CBD is currently legal in the United States, but this has only been the case for several years. Ever since industrial hemp was legalized in 2018, CBD was also made legal as long as it was sourced exclusively from industrial hemp.
CBD derived from plants that are considered marijuana is still, technically, illegal. While it’s unlikely that law enforcement is going to do any testing and background checks to determine the original source of a CBD product, this is nonetheless the legal rule.
In terms of prescription medication, the Food and Drug Administration has currently only approved one prescription medication that uses CBD. They are yet to publish results regarding their opinion of the safety status of CBD.
Nonetheless, the FDA has made some specific statements regarding the age requirements for people purchasing CBD:
“If any category of CBD is to be age-restricted, only smokable flower or vaping oils should be sold only to legal adults (18+). However, other forms of CBD (cremes, oils, topicals, edibles, etc.), considering its medical benefit, should not be age-restricted.”
This statement seems aligned with the FDA’s stance on vaping and smoking but does not necessarily adhere to common sense. They state that CBD edibles should not be restricted, despite the fact that edibles can produce the same effects as vaping or smoking CBD.
Synthetic vs. Natural Hemp Extracts
According to the American definition, all forms of CBD are natural, even if they’re entirely made in a laboratory. Since the lab-made molecule is a replica of a natural molecule, companies can get away selling synthetic CBD as an all-natural product.
The effects of synthetic vs. natural CBD are identical, although users consuming purely lab-grade CBD will lose out on the benefits of full-spectrum products. Regardless, both ‘synthetic’ and ‘natural’ CBD fall under the standard CBD rules.
CBD Age Restrictions in All 50 States
The laws can vary significantly from state to state. Some states fully advocate for the use of all types of cannabis. Others are more conservative and try to limit the availability of any cannabinoids.
According to the 2018 Farm Bill, it’s perfectly legal to ship CBD throughout the United States. However, it might not be legal for people to actually receive these products, and some companies may not be allowed to sell them based on local state laws that diverge from the federal ruling.
(No age restriction)
In Alabama, patients must be registered to legally access medical cannabis products. The main CBD product sold in Alabama is a prescription medication called Epidiolex.
This medication is usually just prescribed to patients with conditions that cause serious seizures. There is no age restriction; children as young as two have been prescribed the medication when suffering from Dravet’s syndrome.
Hemp flower is also illegal to sell in Alabama.
Despite that, there are a number of CBD shops that have popped up in Alabama. CBD can easily be bought from these stores despite being illegal.
The Alabama Department of Agriculture even licenses people to grow hemp for the express purpose of producing CBD products even though it’s illegal to sell them.
Because it’s actually illegal, there can be no age restriction on the purchase of CBD in Alabama. Technically everybody is restricted from purchasing it, but in practice, neither the government nor the population seems to care about these laws.
(Must be at least 21 years old to buy CBD in Alaska)
You don’t need a license to buy CBD in Alaska, but the state requires that you be at least 21 years old to purchase it. But, due to the low quantity of stores and the difficulty of importing CBD, it would almost be easier if the state did have an active licensing program.
CBD products need to be endorsed before they can legally be displayed on a storefront in Alaska. Because this is a lengthy process with expensive shipping costs, very few people are willing to go through with it.
There are a few CBD shops that have been registered with the state. Buying CBD online is tough because you can’t legally import an unendorsed CBD product.
(No age restriction)
Arkansas does not have specific regulations for the import or distribution of CBD products. Nor does the state require residents to obtain a license prior to purchasing CBD. If you want to grow, test, or sell CBD products, then you will need to get a license.
As long as the CBD oil is sourced from industrial hemp, there is currently no age restriction for anybody interested in purchasing CBD in Arkansas.
(No age restriction)
Arizona allows CBD sourced from hemp to be sold throughout the state. Marijuana remains illegal in the state. However, Arizona is yet undecided regarding its stance on the medical use of CBD.
Despite the lack of medical sanctions, people can buy CBD in Arizona at any age.
(No age restriction)
CBD sourced from both hemp and marijuana is legal for medicinal use in Arkansas. However, CBD sourced from marijuana is not considered legal when sold for recreational purposes.
As long as the CBD comes from hemp, however, there is no age restriction on its purchase.
(You must be at least 18 to buy CBD in California)
As for now, most cannabis shops in California will sell CBD to anyone over the age of 18.
California allows residents to cultivate and purchase hemp flowers as well as a variety of CBD products. The state has been putting in an effort to fully legalize CBD with bills such as AB-228 and the more recent AB-45, but they haven’t fully passed yet.
Nonetheless, CBD is so widely available and easy to purchase that it might as well be legal. Technically it is considered unlawful to sell CBD products in the state, but that doesn’t mean they’re hard to find.
The reason for this is because California has its own set of laws regarding what sort of compounds are considered ‘adulterants,’ and this differs from what the FDA recommends. According to their current definitions, CBD would technically be considered an adulterant and thus not safe or legal to sell to citizens.
The bills mentioned above aim to rectify this small confusion.
(You must be at least 18 to buy CBD in Colorado)
Colorado has long been known for its liberal approach to cannabis, and hemp CBD is no exception. Both hemp flower and CBD products can be sold legally, according to Colorado legislation.
However, Colorado has a more strict definition of what constitutes hemp. Instead of allowing hemp to contain no more than 3% delta-9 THC, Colorado states that it must have less than 0.3% total THC, including THCA and delta-8 THC.
In either case, hemp that fits this definition is considered legal and can be purchased by anyone over the age of 18.
(You must be at least 18 to buy CBD in Connecticut)
In Connecticut state, all guidelines and regulations regarding the growth and production of CBD are maintained by the Department of Agriculture and the Department of Consumer Protection.
Following their current guidelines is the best way for you to make sure that you’re safe and legal when it comes to buying CBD.
At present, if you’re planning on growing, testing, or selling CBD products, then you’re going to need a license to do so. If you want a license, then you can apply once you’re 18 years of age. Residents must also be at least 18 to acquire a separate license to buy CBD.
(You must be at least 18 to buy CBD in Delaware)
Delaware allows for the legal sale and purchase of CBD sourced from both hemp and marijuana for medicinal purposes. For recreational purposes, CBD must be sourced only from industrial hemp.
CBD is covered under the same laws as Delaware’s medical marijuana act. That means that you must follow the same protocol for acquiring marijuana, which includes being at least 18 years of age.
(You must be at least 18 to buy CBD in Florida)
Florida residents are allowed to cultivate both hemp and CBD without a license. However, if they desire to sell their products, they must apply for a license.
Residents who want to buy CBD have to be at least 18 years of age in Florida.
(You must be at least 18 to buy CBD in Georgia)
Georgia has banned the use of cannabis except for in the most extreme medical cases. However, their legislation still states that CBD derived from hemp and marijuana is considered legal for these purposes.
Despite the fact that Georgia residents will have a hard time finding any stores that sell CBD, the law still states that residents must be at least 18 before they can purchase CBD.
(You must be at least 18 to buy CBD in Hawaii)
The rules for buying CBD in Hawaii can be a bit finicky. The general rule is that CBD customers must be at least 18 to buy the stuff; however, some stores require customers to be over the age of 21.
Hawaii is quite lax in regards to restrictions on where CBD can be purchased, and this is part of the reason for the variance in age requirements.
For example, CBD sold in an establishment that also sells liquor or offers gambling services may require users to be 21.
(You must be at least 18 to buy CBD in Idaho, with some exceptions)
Idaho laws are currently in conflict with the federal laws regarding CBD. Idaho prohibits the purchase and sale of any product containing trace amounts of THC, even if it is less than the 0.3% required by the Farm Bill to be considered federally legal.
As such, Idaho only permits the use and sale of products made from CBD isolate that contains absolutely no THC. Labels must specifically state that the product is THC-free.
Idaho residents must be either 18 or 21 years of age to purchase these products, depending on their specific jurisdiction.
(You must be at least 21 to buy CBD in Illinois)
Hemp is considered legal in Illinois and can be purchased by anyone over the age of 21. CBD made from both marijuana and hemp is considered legal for both medicinal and recreational purchases.
(You must be at least 21 to buy CBD in Indiana)
The use of recreational marijuana in Indiana is illegal, and the state has no medical marijuana program, making it difficult to access CBD products. While CBD derived from hemp is considered legal thanks to the Farm Bill, it can be tough to acquire.
Users can purchase these products as they’re over the age of eighteen in most cases (if they can find them), although some jurisdictions require users to be over 21.
(No age restrictions)
Iowa has no age restrictions on CBD as long as the product is made from industrial hemp (thus containing less than 0.3% THC).
Des Moines, Iowa.
(You must be at least 18 to buy CBD in Kansas)
Kansas only permits the sale of CBD for medicinal purposes and only if the products contain absolutely no THC. This means that even CBD derived from industrial hemp is unlikely to be considered legal unless the THC is explicitly removed or the products are made from CBD isolate.
Only users over the age of 18 can buy CBD products in the state of Kansas.
(You must be at least 18 to buy CBD in Kentucky)
Kentucky requires that users interested in purchasing CBD must first receive a doctor’s recommendation. The products purchased must be made from industrial hemp and not from marijuana.
Generally, doctors will only recommend CBD to people who are of legal age (18 years and up).
(You must be at least 18 to buy CBD in Louisiana)
Hemp-derived CBD is legal for purchase in Louisiana. As long as you’re over 18, then you don’t need any special permission to purchase CBD products.
(You must be at least 21 to buy CBD in Maine)
Throughout the state of Maine, hemp-derived products are considered legal. However, Maine requires that people purchasing these products are over the legal drinking age of 21.
(No age restriction)
Hemp-derived CBD is considered legal in Maryland. The rules in this state are the same as those dictated by the Farm Bill. As such, you don’t need medical approval, and there are no age restrictions on buying CBD in Maryland.
(You must be at least 18 to buy CBD in Massachusetts)
Massachusetts currently states that CBD is legal, and thus, people over the age of 18 can purchase it here.
(You must be at least 18 to buy CBD in Michigan)
Michigan is one of the states in which CBD is considered fully legal. People over the age of 18 can buy it.
(You must be at least 18 to buy CBD in Minnesota)
Minnesota passed its own laws regarding the legality of CBD on January 1, 2020, when the state announced that CBD derived from industrial hemp could be legally sold if it met the regulations specified by the Minnesota Board of Pharmacy.
In terms of age, Minnesota residents must be at least 18 years old to purchase CBD.
(You must be at least 18 to buy CBD in Mississippi)
Mississippi law states that people over the age of 18 may purchase CBD. Parents and guardians are legally allowed to give CBD to children in their care if they’re under 18 as long as they have the consent of a doctor working through the state’s medical program.
(No age restrictions)
Missouri follows the same rules that were set out by the 2018 Farm Bill. As such, CBD products are legal throughout the state, with no specific age limit on CBD products.
However, certain vendors may choose whether or not to require age validation.
Certain forms of CBD may only be accessible with a doctor’s prescription, however. To access these forms of CBD, patients will need a recommendation and a membership with the state’s medical hemp program.
(You must be at least 18 to buy CBD in Montana)
Montana does not have its own regulations regarding the use of CBD. Most stores require that users are over the age of 18 to purchase the products; however, not all stores strictly enforce these guidelines.
(No age restrictions)
Nebraska State has no specific age requirements for the use of CBD. As specified by the 2018 Farm Bill, CBD products are legal throughout the state.
Nonetheless, some vendors may choose only to sell to residents who are above the age of 18 or 21.
(You must be at least 18 to buy CBD in Nevada)
Nevada is another state that currently allows the legal sale and purchase of CBD by anyone over the age of 18.
(You must be at least 18 to buy CBD in New Hampshire)
Residents of New Hampshire must be over the age of 18 to purchase CBD.
Some stores and headshops will push the age limit to 21, although this is not a state-wide requirement.
(You must be at least 18 to buy CBD in New Jersey)
New Jersey has not set any specific laws for the purchase of CBD and thus falls under the same laws established by the Farm Bill.
There is no age regulation for buying CBD, but people wishing to take part in the medical marijuana program must be at least 18.
(You must be at least 18 to buy CBD in New Mexico)
If you plan to use cannabis-derived CBD in New Mexico, you’ll need a license, but if you want to use hemp-derived CBD products, you should have no problem as long as you’re over 18.
(You must be at least 18 to buy CBD in New York)
New York currently allows the sale of CBD products to people over the age of 18.
However, they are in the process of passing new legislation that forbids the sale of CBD smoke and vape products to people under the age of 21.
(You must be at least 18 to buy CBD in North Carolina)
Hemp CBD products that contain less than 0.3% THC are legal in North Carolina and can be purchased by anyone over the age of 18.
(You must be at least 18 to buy CBD in North Dakota)
Anyone over the age of 18 can buy CBD products in North Dakota.
(You must be at least 18 to buy CBD in Ohio)
Ohio allows the sale of CBD products to residents with no strict age restrictions. However, the majority of dispensaries will only sell to people over the age of 18.
(You must be at least 18 to buy CBD in Oklahoma)
In May 2019, Oklahoma signed bill SB238 into law, thus decriminalizing CBD derived from industrial hemp. Prior to this, CBD was only legal through the state’s medical-marijuana program. People over the age of 18 can buy CBD throughout the state; minors must have a doctor’s permission.
(You must be at least 18 to buy CBD in Oregon)
Oregon is one of the pioneering states in regard to cannabis legalization. Here, CBD is considered legal and can be purchased by anyone over the age of 18.
(You must be at least 18 to buy CBD in Pennsylvania)
Pennsylvania allows the sale of CBD for medicinal and recreational purposes as long as it’s derived from industrial hemp. The state follows the guidance of the Pennsylvania Department of Agriculture in regards to CBD sales.
Most stores sell only to people over the age of 18. There are some dispensaries that push that age limit to 21.
(You must be at least 21 to buy CBD in Rhode Island)
Rhode Island permits the sale of CBD products derived from industrial hemp. However, due to the Industrial Hemp Growth Act, which was passed in 2019, CBD products are only legal for people over the age of 21.
(You must be at least 18 to buy CBD in South Carolina)
CBD is only legal for people in South Carolina who have received a prescription from a doctor specifically for severe epilepsy (specifically Dravet Syndrome, also known as severe myoclonic epilepsy of infancy, or other forms of serious epilepsy that do not respond to conventional treatments.
South Carolina also has their own definition of CBD oil. CBD oil must contain more than 15% CBD and less than 0.9% THC. People can only purchase it when they are 18 years or older.
(You must be at least 18 to buy CBD in South Dakota)
CBD was officially made legal in South Dakota as of March 27, 2020, when House Bill 1008 was passed into law. Except with a doctor’s permission, people in South Dakota must be at least 18 to buy CBD.
Mount Rushmore, South Dakota.
(You must be at least 21 to buy CBD in Tennessee)
Tennessee is one of the slower states to relax its laws around the use of hemp and hemp-derived CBD. You can only buy CBD in registered dispensaries, so the legal age to buy is 21 — which is how old you have to be able to even enter a dispensary in this state.
While marijuana remains illegal in Texas, the state does allow doctors to prescribe low-THC cannabis products. These products must contain less than 0.5% THC and at least 10% CBD. People can receive a prescription and buy these products at any age.
(You must be at least 21 to buy CBD in Utah)
When the Hemp and Cannabidiol Act was passed in 2018, industrial hemp was fully legalized in Utah State. Medical marijuana was legalized the same year.
Some vendors require customers to be at least 21, although, officially, there are no age restrictions in the state.
(You must be at least 18 to buy CBD in Vermont)
Vermont has a recreational cannabis law in effect, which is used as an umbrella for the state’s CBD registry. You can only enter dispensaries if you’re at least 21 years old.
(No age restrictions)
Virginia was one of the first states to legalize the use of CBD oil for the treatment of epilepsy in 2015. At present, CBD products are legal throughout the state, with no age restrictions on their purchase.
(You must be at least 18 to buy CBD in Washington)
Washington state currently lists CBD as legal. Anybody over the age of 18 can buy CBD over the counter, but if you’re trying to get your CBD products from your local dispensary, the state’s legal age to enter is 21.
(No age restrictions)
West Virginia adheres to federal policy in regards to CBD. As such, there are no official age restrictions on the purchase of CBD products as long as they are sourced from industrial hemp.
(You must be at least 18 to buy CBD in Wisconsin)
Like most states, Wisconsin allows the sale of CBD for anybody over the age of 18 — the exception being CBD products offered in medical dispensaries. The state limit to enter these shops is 21.
CBD can be bought online or at local health food shops at 18.
(You must be at least 18 to buy CBD in Wyoming)
Since House Bill 32 was passed in Wyoming, people have been able to purchase CBD as long as they are over the age of 18.
CBD Age Restrictions In Different Countries
Many countries follow a similar legislation process as the United States, with a country-wide set of rules being instigated by the major government, and then individual states or provinces setting their own rules.
Other countries have many different approaches to cannabis. Countries like China outlaw cannabis entirely and punish its use with hard labor and long prison sentences.
(You must be at least 19 to buy CBD in Canada, with the exception of Alberta & Quebec, which is 18)
Under the Cannabis Act, marijuana and industrial hemp are both considered legal in Canada. However, anybody wishing to produce cannabis for retail sale must apply for a permit with the government.
CBD falls under the same regulations as the Cannabis Act, which states that users must be of legal age for purchasing smoking products, including tobacco, to buy CBD.
This is 19 throughout most of the country except for Alberta and Quebec, which allows the sale to people 18 and older.
The United Kingdom
(You must be at least 18 to buy CBD in the UK)
The laws surrounding cannabis in the United Kingdom are a bit confusing due to the massive omissions in the legislation. You can deduce through research, however, that CBD is legal and has no age restrictions.
This can be ascertained through a quick study of UK laws. Cannabis itself is not legal, but THC is, thus making most cannabis products illegal. CBD, however, is not considered illegal, and since there is no restriction on it, there is also no age limit for people wishing to purchase it.
That said, most vendors do restrict the sale of CBD to people of a certain age. Most don’t sell to people under 18. However, parents are allowed to buy CBD and give it to their children.
(You must be at least 18 to buy CBD in Mexico)
Mexico legalized medical cannabis in May 2017, but restrictions on recreational use are much more strict. CBD is legal in Mexico, though, as long as the CBD products contain less than 1% THC.
This can be a bit of a tricky situation for people traveling to Mexico who is carrying CBD products produced in other countries that have a higher tolerance for THC content.
Anyone hoping to purchase CBD products in the country must be over the age of 18, though in practice, very few vendors will check to confirm this.
(You must be at least 18 to buy CBD in Germany)
CBD is considered legal in Germany under EU law. This means that CBD products need to contain less than 0.2% THC. They can be purchased by anyone over the age of 18.
(No age restriction)
However, Very few Swedish companies actually try to produce CBD products because of the strict nature of Swedish legislation. CBD products can’t contain any THC whatsoever, not even trace amounts.
Because of the difficulty producing products without breaking the law during the manufacturing process, there aren’t many Swedish people or companies making CBD. Thus the country has made no laws regarding it, so technically, people of any age can buy CBD.
(You must be at least 18 to buy CBD in Denmark)
CBD derived from hemp is legal in Denmark with a prescription, but CBD derived from marijuana is not. Even CBD sourced from hemp must contain less than 0.2% THC.
Prescriptions can be acquired by residents over the age of 18.
(You must be at least 21 to buy CBD in Spain)
The regulations regarding CBD in Spain are set by the Medicines Agency. The Agency says that CBD products are legal as long as they are designed for topical use only: skincare products such as lotions and salves, for example.
CBD oil is not technically considered legal in Spain, although enforcement is not always severe. Since products simply need a label stating that they are “for external use only” to qualify for sale, some CBD oils are sold under the guise of massage oils or topical pain relievers.
Since these products are sold for topical usage, there’s no age restriction on buying them.
However, the majority of “Cannabis Clubs” in Spain, where such products are sold, require visitors to be 21 to enter.
Costa del Azahar, Spain
(You must be at least 18 to buy CBD in France)
CBD is 100% legal in France. People can buy, sell, and consume CBD and CBD products without worry. However, since marijuana is still illegal, CBD products must be entirely pure, i.e., made with CBD isolate only.
There is no set age restriction on the purchase of these products, but most vendors won’t sell to people under the age of 18.
(No age restriction)
Italy allows for the sale and consumption of CBD products containing 0.6% or less THC, but the product falls in a legal grey area. CBD oil is technically and legally considered a food product, and thus, there is no age restriction.
(You must be at least 18 to buy CBD in Australia)
As of 2021, CBD is considered legal in Australia as long as you have a prescription. CBD products must be at least 98% CBD to qualify as legal.
Patients must be over the age of 18 to receive a prescription.
(You must be at least 18 to buy CBD in New Zealand)
Like Australia, CBD is available in New Zealand with a prescription. You can buy it from a local pharmacy as long as you have a prescription signed by a doctor.
Prescriptions can be obtained relatively easily by consulting with a Cannabis Clinic if you’re over 18.
Final Thoughts on CBD Age Restrictions
CBD is a powerful, non-psychoactive compound produced in the hemp plant.
Because of its close ties to the intoxicating cannabinoid THC, CBD is often subject to strict rules and regulations. As recently as 2018, the federal government created new laws that separated non-psychoactive cannabinoids in hemp from psychoactive extracts from marijuana.
Since then, various states have imposed their own restrictions — some allowing the sale of CBD products to anybody, others stimulating a specific age to buy CBD.
In general, you’ll need to be at least 18 years old to buy CBD — in many cases; you’ll need to be 21.
Different countries and states may require consumers to be of a certain age before they can purchase CBD.
Children and CBD: What parents should know first
CBD could cause problems with Child Protective Services, because of what some call a loophole in our state law.
SOUTHERN COLORADO — Cannabidiol, otherwise known as CBD, is a derived from the hemp plant and is now one of the most common cannabis products used to treat a variety of medical conditions, ranging from epilepsy to autism.
As parents seek out this treatment for their children, they could run into problems with state Child Protective Services due to a perceived loophole in Colorado law.
News5 spoke with staff at the El Paso County Department of Human Services, who say calls regarding child CBD usage do not make up a large percentage of their workload. A local cannabis group for medical patients, the Canna-Patient Resource Connection says otherwise, claiming they’ve seen a spike in the number of parents coming forward asking why DHS would question their child’s CBD usage.
News5 spoke with several families and their experiences with CBD and problems with authorities who watch out for the well-being of children.
In Colorado, CBD products are legally allowed to contain .03% of THC (Tetrahydrocannabinol), which is the part of the cannabis plant that gets a person high. The Canna-Patient Resource Connection says that small amount of THC can build up over time, possibly leading to a positive result for marijuana use on a drug test. With the rapid spread of CBD products across the country, not regulated by the US Food and Drug Administration, it is difficult to know the exact amounts of THC in the products.
“By definition, you are always giving your child THC and that’s the loophole that CPS uses. It’s not necessarily that you’re giving CBD, it’s that you are technically always giving the child THC, and that’s illegal under state law unless you are in the registry,” said Bridget Seritt, the co-founder of the Canna-Patient Resource Connection.
Seritt says it is common for cases regarding CBD to be dropped by DHS quickly. She wants to remind parents it would be wise to take steps to secure a medical marijuana card for their child before using CBD products recommended by a doctor.
Marijuana is still considered a Schedule I drug under federal law and illegal for children to use without the proper documentation secured. On the other hand, CBD is derived from hemp, which is no longer considered a controlled substance because of the Farm Bill.
News5 visited Grow Life Medical Dispensary in Colorado Springs which does sell CBD products containing THC. Manager Chris Spurlock says people should expect some THC in almost every CBD product. “However, there are some out there that definitely claim to have zero levels of THC or incredibly low levels. Those you can only trust to a certain extent,” Spurlock says.
Grow Life only sells to to customers who have a medical marijuana card or caregivers of a cardholder. “I know that a lot of these doctors are incredibly careful about giving any kind of recommendation to anybody who’s under 18 at all,” Spurlock says.
Ginger Harless told us she did not realize sat first she needed a medical marijuana card for her son to use CBD products. Her family turned to CBD for treatment after multiple pharmaceutical attempts to treat her son’s autism, bipolar disorder, and ADHD failed.
“I actually asked his pediatrician at first, you know, I’ve read up on this, what do you think? And the pediatrician gave me the information to go see a medical marijuana doctor,” Harless says. Harless told News5 they started using CBD in 2018 and introduced THC into the mix in 2019. She said in October of 2019, DHS was knocking on her door. “Without that credential to have, without that recommendation, and without that card, I could serve jail time,” Harless says.
Harless says she now has a medical marijuana license for her teenage son, but is still upset about being reported to DHS. “For them to then turn me over, to add more to my plate with DHS and police officers, sometimes the days feel absolutely unmanageable,” Harless says.
State law requires ‘mandatory reporters’ to report any suspicions of child abuse or neglect. Mandatory reporters include medical professionals, social workers, firefighters, and police officers. (Click here for a full list)
At the El Paso County Department of Human Services, officials are checking to make sure the child is safe, the substance is stored properly, and there’s a sober caregiver in the house, according to April Jenkins, the Children, Youth, and Family Services Intake Manager.
“When we get a report that there is an allegation that a child may be consuming CBD, if there is no information in that report that this is prescribed or even any medical marijuana is prescribed to that child, that does raise our level of concern. We won’t just go out if we have information that it’s being used properly. So, if a referral comes in and it is clear that it’s being used properly and for the right reasons, and there’s a prescription in place, there may not be a reason for us to respond. But we are responding when there are concerns in that report that alleges that it may be misused,” Jenkins says.
Jenkins says the reporting system used by her department does not classify their calls with specific drug categories. She shared with us data showing the offices received more than 16,000 referrals, assessed a little more than a third of those contacts, and found roughly 1,800 being substantiated for child abuse and neglect.
The Wann Family
News5 spoke to other families who have been reported to CPS in the past for giving their children CBD. One of those families lives in Douglas County, and gives their epileptic son CBD for his seizures. However, they said once they told their school district about the CBD, they were reported to DHS.
Ben Wann has been getting seizures since he was three years old. His mother, Amber Wann, said when they put him on anti-epileptic drugs they noticed some side-effects. “He just had rages and fits and everything like that. And it seemed very painful, it seemed like he was in pain emotionally and we didn’t know how to help him,” said Amber Wann.
With their doctor’s approval, Amber said they started weaning Ben off of the pharmaceuticals, and he went nine months without a seizure. But then, they came back. “They were lasting four minutes long, and five minutes is typically when brain damage sets in for most children, so it seemed pretty dire that we get something for him,” said Amber.
So the family turned to CBD, and Amber said now, Ben has not had a seizure for four years. “It made me relax more,” said Ben Wann.
Amber Wann said she emailed the school to let them know about the changes to Ben’s medication. Soon after she sent the email, she said they were reported to DHS. “We went ahead and just told them that we were giving him Charlotte’s Web and that his doctor knows about it, and that we’re not doing anything wrong,” said Amber Wann.
Amber Wann said the case was dropped pretty quickly, but the family is still fighting the school district. The Wann’s want the district to allow medicinal marijuana to be stored on school campuses, and for the school nurses to be able to administer it. Currently, the Wann’s said only parents or caregivers could administer medical marijuana to a student while on campus. While Ben only takes CBD normally, the Wann’s have a nasal spray that contains THC, which is to be used in case of an emergency to help Ben come out of a seizure.
News5 reached out to the Douglas County School District, which provided this statement: “A complaint has been filed with a State regulatory agency against DCSD regarding this matter. As a result, we are unable to provide anything further at this time.” The district did also point us to their board policies and related documents, which we have attached below.
Still, Amber Wann said she does want to ensure other families are aware of the best way to protect themselves while using CBD for children. “It wouldn’t just hurt to just take the steps to get that medical card and be protected all the way around in case you were questioned,” said Amber Wann.
Amber Wann also pointed to the Rohrabacher-Farr Amendment, which defunds the Department of Justice from coming after people who use or handle medical marijuana.
The Jerger Family
A different side of this story about CBD and children comes from outside of Colorado. The Jerger family now lives in Colorado Springs, after moving from Indiana because they said the Department of Child Services there harassed them for having their young epileptic daughter use CBD.
Lelah Jerger said her daughter, Jaelah, was diagnosed with epilepsy when she was a little more than one year old. Jerger said in 2017, CBD was legal in Indiana for certain medical conditions, but not Jaelah’s specific form of epilepsy. “It was on the fence. It wasn’t legal, but it wasn’t illegal,” said Jerger.
Jerger said their family was reported by the hospital they used for Jaelah at the time. She said DCS was concerned the family was not giving Jaelah her prescribed pharmaceuticals. “She hands us this paper, and this paper says that we are to take Jaelah to the hospital to get lab work done every single week because we have to prove to CPS she’s on Keppra,” said Jerger. Jerger said the Keppra was negatively affecting her daughter.
By October, Jerger said they were told the case looking into their family had been dropped. However, Jerger said caseworkers continued to show up at their home. The Jergers said they filed a lawsuit against DCS at the start of 2018. “That began the crapshoot that was going to be our life from then on. We were investigated by CPS every 30 days,” said Jerger.
Jerger said she felt as though nothing would change in Indiana, and had seen dramatic improvements in her daughter’s seizures since using the CBD. So the family left, and moved to Colorado Springs, where she said they have not once been contacted by the El Paso County Department of Human Services. “They ruined our life in Indiana. They completely destroyed every sense of security that we had, they destroyed every sense of family, I mean everything. But I knew that if we did not get our kids out of there, we would have lost them,” said Jerger.
The Jergers said they will continue their case against DCS in Indiana for as long as it takes, because they believe their rights were violated.
News5 reached out to those with Indiana DCS, who said they cannot comment on pending legislation. The Jerger case can be found on the ACLU’s website.
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