Hemp isn’t held to the same legal confines as marijuana. It’s been legal for a long time in the United States, but only through rigorous license applications and approval from US regulators.
Marijuana plants are considered a Schedule I drug in the United States — putting it in the same classification as heroin and fentanyl — two of the most dangerous drugs in America.
While the laws on CBD’s legalities are loosening federally, in a select few states you can still be arrested and thrown in jail for having a bottle of CBD oil on you.
The Legality of CBD Products by State
In 1970, the Controlled Substances Act was passed in the United States, which banned marijuana from all forms of use, including medical.
Let’s cover each form of cannabis in more detail.
These states allow citizens to buy hemp-derived products but there are some caveats.
Now hemp can be grown just as easily as crops such as corn or wheat throughout the United States. Most states honor this change and allow farmers in the state to cultivate hemp plants — some have been resisting.
Missouri – Legalized medical marijuana and CBD products that are approved by the FDA.
Oklahoma – Excluded the word “marijuana ” when it comes to defining CBD products approved by the FDA. CBD oil and products are legal as well as long as it’s approved by the FDA and has less than 0.3% THC.
The Difference Between THC & CBD
Since both of them are cannabinoids, they are beneficial to the body and they can help treat pain, seizures, and reduce anxiety. However, THC has some psychoactive effects and it is one of the main reasons why smoking weed or taking marijuana can get you high.
New Mexico – Legalized medical marijuana and CBD products that are approved by the FDA.
Tennessee – CBD is legal if it’s below 0.3% THC. However, CBD for medical use is legal as long as it’s below 0.9% THC levels.
Now, we’re not surprised about your confusion. CBD is a cannabinoid extracted from cannabis plants. And marijuana, which is a federally-controlled substance, is also a member of the cannabis family. So, it’s easy to get confused about CBD’s legality. But here’s the thing: CBD is just one of hundreds of cannabinoids concentrated in cannabis plants. Tetrahydrocannabinol (THC) is another. In fact, THC is the cannabinoid responsible for that euphoric high you experience with marijuana products.
Under these jurisdictions, industrial hemp cultivated in compliant Farm Bill agricultural pilot programs is exempted from being classified as marijuana.
What’s the Difference Between Hemp and Marijuana Plants?
If there’s a CBD product that is intended for use as a dietary supplement, food, drug, or cosmetic, then it’s under FDA regulation.
2018: The Agriculture Improvement Act of 2018 creates more room for hemp cultivation, beyond pilot programs. It also lifts restrictions on the transportation, sale, and possession of hemp products across all 50 states, as long as they meet federal guidelines.
1990s-2010s: Cannabis supporters push to reclassify hemp and marijuana, based on their medicinal purposes. In 1996, California becomes the first state to legalize marijuana for medical purposes.