Is CBD Oil legal?

Jan 14, 2019

With CBD use on the rise in the United States and Canada, many people are left wondering: Is CBD oil legal? Well, it is. Then again, it isn’t. With each state being an individual when it comes to legality of cannabis, cannabis products, and THC, all the way around, there are some things you need to know when it comes to using CBD oil. 

The Farm Bill

Federally speaking, the U.S. Drug Enforcement Administration, or DEA, currently classifies CBD as a Schedule I drug. Why? Schedule I drugs are known as "drugs with no current medical use accepted and a high potential for abuse." This is how all cannabis plants and products are classified. However, the farm bill was passed in 2014 allowing all 50 states to grow, cultivate, and research hemp. Because it contains less than 1% THC, CBD oil began its path to be legally obtained.

The Legality of CBD Oil 

CBD oil is legally available in Idaho, South Dakota, and Nebraska. The Farm Bill has allowed many states that also offer medical marijuana and recreational marijuana to begin selling CBD oil. The laws in these states can really vary, so it’s best to do your research when it comes to legally obtaining CBD oil. For instance, in the state of Alabama the only legal CBD you can purchase is by being part of a state-sponsored clinical trial, or having a debilitating medical condition under which that access is also granted via Leni's Law. Indiana passed a law that made it legal to manufacture, sell in retail, possess, and use CBD oil but only if it contains no more than 0.3% THC, which means you don’t have to be a patient to obtain CBD oil. Then you have Kentucky, who allowed state-sponsored cultivation of hemp which can be used to make CBD oil so it’s technically legal to purchase. 

In hindsight, CBD oil is mostly legal in the U.S. thanks to the farm bill - it is not however legal in Canada and the possession or sale is completely a big, fat “no, no”. The best way to find legal CBD oil for purchase is to download the Where’s Weed App. We’ve got the skinny on all the CBD oil you can get your hands on, and can help you do it legally in your state.