Wednesday, August 12, 2020

Is CBD Oil Legal In All States?

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Ahhh CBD, the straight edge younger brother of THC. In recent years CBD has been sweeping across the country due to its plethora of benefits. While a lot of these benefits are still lacking in detailed research, it’s hard to discredit CBD as a whole. CBD oil is not legal in all states however, so you need to be careful around which states you bring it to. It’s also worth noting that given the CBD industry is still in its infancy, these laws are rapidly changing, and the definitions and legal framework are not properly developed. Always do your own research before taking CBD to another state.

is CBD oil legal in all states

Disclaimer: We cannot guarantee the accuracy of this article at the time of reading. We take no responsibility for any inaccurate information.

The 2018 Farm Bill did legalize hemp at a federal level, so technically CBD oil derived from hemp is legal in all states, at least from a federal perspective. I know I just said the opposite above, but both are true at the same time. Think of it like recreational cannabis use. While California law states that it’s perfectly legal for adults to light up at home, federal law classifies cannabis as a schedule I drug. So it’s the opposite of hemp being federally legal, while remaining illegal according to some states laws. Actually, there’s a bit more to it than that, which we’ll explain later. One important distinction to know now though, is that states have the final say around CBD laws. So if it’s illegal in the state, that’s what matters the most.

Back to answering the question of is CBD oil legal in all states? No CBD oil is not legal in all states. We need to understand a few definitions before going any further, but the states where CBD oil remains illegal, or its use is in a very gray area are:

  • Idaho
  • Nebraska
  • South Dakota

To properly answer the question though, we need to understand what the 2018 Farm Bill did and did not change.

The 2018 Farm Bill

The 2018 Farm Bill was a huge deal. Apart from legalizing cannabis at the federal level, this is probably the most significant cannabis-related law change that could occur. Before the Farm Bill, there was no legal distinction between cannabis and hemp. It was all classed as a schedule I drug.

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After the 2018 Farm Bill, there was a distinction. That distinction is hemp has to contain less than 0.3% THC. So provided the proper licenses are obtained, and the hemp contains below 0.3% THC, hemp and its derived products, such as CBD, are legal federally.

1. CBD Oil In Idaho

First up is Idaho. The state is yet to allow cannabis-derived medicine for patients. There was a bill passed in 2015 that would allow patients access to CBD oil, however this was vetoed by the state governor. More recently, this year (2020) saw an impressive 40,000 signatures collected in an attempt to legalize medical marijuana. Supporters of the petition claimed that they would have received the required 55,000 signatures by the deadline, but the COVID-19 stay at home orders hampered their efforts.

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From the Idaho government website, however, there is a small caveat to the above. If the CBD oil contains 0.00% THC, and the CBD oil has been derived from one of the following five methods, then it is deemed legal:

  • mature stalks of the plant
  • fiber produced from the stalks
  • oil or cake made from the seeds or the achene of such plant
  • any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks
  • the sterilized seed of such plant which is incapable of germination

I’m not exactly sure how you would prove that the oil has been derived from one of the above methods however.

2. CBD Oil In Nebraska

So while CBD oil in Nebraska is illegal, the state has partially decriminalized cannabis use. This is almost the complete opposite stance to most states, where CBD oil is legal and cannabis criminalized. This could soon be changing, however, through a community-driven petition. While progress had slowed due to COVID-19, more than the required number of signatures were collected.

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Should the required signatures be validated, and the initiative passed this November, patients would be allowed to grow, possess and purchase marijuana.

3. CBD Oil In South Dakota

Lastly, we have South Dakota. Now typically, the path a state would take on their cannabis acceptance journey would start out with legalizing medical, and then recreational. This November 2020, South Dakota will have the chance to legalize both medical and recreational marijuana at the same time. Should both pass, it will be the first state to do this. While the medical amendment is reasonably likely to pass, the recreational amendment is in with a shot too.

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Unlike Idaho and Nebraska though, South Dakota does permit the use of Epidiolex. This is an FDA approved CBD oil. Any other brand of CBD oil remains illegal in South Dakota however, so we’ve included it on this list.

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