Is CBD Legal In All States?
CBD products have become very popular in the U.S. lately and have plenty of potential health benefits. They are sourced from hemp, are available in full-spectrum & broad-spectrum forms, and contain zero to minimal THC concentration. Here we will explore in detail the state laws that dictate the CBD legality by state as its legality in all 50 states of the U.S. remains a question. However, please keep in mind that this article is for educational purposes only and should not be construed as legal advice. Is CBD Legal in all U.S. States? Presently, 47 of the 50 U.S. states including the District of Columbia have legalized the sale and use of hemp-made CBD products. However, some states have bans on what CBD products can be sold. CBD Laws in South Carolina The legal status of CBD in South Carolina depends on 3 important pieces of state legislation: SC S1035, SC H3559, and SC H3449. Implemented in 2014, Senate Bill 1035 was South Carolina’s first piece of legislation that made allowances for marijuana’s medical use under some circumstances. Under this law: Next in 2017, came the SC House Bill 3559. This legislation is about the creation of the state’s industrial hemp pilot program. This law: In 2019, House Bill 3449 further filtered the policies of the state around industrial hemp. This legislation: Is CBD Legal in South Carolina? Yes, CBD is legal in South Carolina on the condition that it is derived from hemp and doesn’t have more than 0.3% THC. It can’t be added to a food item or labeled as a health supplement. CBD Laws in North Carolina When SL 2015-299, or North Carolina’s Senate Bill 313, passed, the Hemp Pilot Program started, and the Industrial Hemp Commission got the authority to organize the right legislation surrounding hemp — everything from the fine-print rules of the state to the systems of licensing. Out of that 2015 Senate action came the below designations: Hemp-derived CBD – Hemp-derived CBD is legit in North Carolina as long as the THC concentration is below 0.3%. If THC levels are above this limit, the hemp-sourced CBD is then stated by law as “marijuana”, which remains illegal in North Carolina. Non-hemp CBD – CBD made from cannabis plants is illegal under state law, as cannabis-made CBD has more CBD than 0.3%, thus defining it as marijuana instead of a hemp product. Recreational consumption of marijuana is illegal currently in North Carolina as of October 2022. CBD in food & medicine – According to the Federal Food and Drug Administration, CBD is a drug, and thus it is illegal all over the country to add any amount of CBD into foods. CBD cannot be included in medical or medicinal claims; it can’t be marketed as a supplement or for any treatment. Is CBD Legal in North Carolina? Hemp-made CBD is legal in North Carolina as long as the concentration of THC is below 0.3%. If THC levels exceed this level, the hemp-sourced CBD is then considered by law as “marijuana”, which remains illegal in North Carolina. CBD Laws in Nebraska As of 2019, the hemp activities of Nebraska operate under CBD Nebraska laws like Legislative Bill 657. As per the bill, the Nebraska Department of Agriculture regulates the hemp program of the state, which was initially set up in 2014. The bill recognized hemp as a feasible agricultural crop and aimed at aligning established state laws with federal hemp laws, which were started by the U.S. government in 2018. The bill further aimed to: The bill also directed that hemp handlers and processors must obtain a license through the Nebraska Department of Agriculture hemp regulations. Licensing requirements for CBD in Nebraska say that applicants must not have any drug-related crimes within the last 10 years. They must also provide: Under the Nebraska Uniform Controlled Substance Act, residents cannot keep any amount of marijuana-extracted CBD. Those who are found with over one ounce may be charged with a $300 fine and attend a compulsory drug education class. With that said, there are no limits to possession when purchasing hemp-made CBD products in Nebraska, and there are no age restrictions. However, some establishments may ban the sale of hemp products to minors, according to individual discretion. Is CBD legal in Nebraska? Hemp-derived CBD is perfectly legit in the state of Nebraska, and there are no age restrictions. However, some establishments may ban the sale of hemp products to minors, according to individual discretion. CBD Laws in Ohio CBD products have been legal and available to buy throughout Ohio since the passage of a bill in 2019. Following the federal Farm Act of 2018, which allowed CBD products throughout the country, the Ohio legislature passed Senate Bill 57, which decriminalized hemp in the state and made licensing avenues for its cultivation. The Ohio Senate defines hemp as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, cannabinoids, extracts, acids, isomers, salts, and salts of isomers, whether growing or not, with a Delta-9 Tetrahydrocannabinol concentration of not greater than three-tenths percent on a dry weight basis.” Under the new legislation, hemp and all products derived from it went from being considered a controlled substance to an agricultural one. The bill took care of CBD issues like: Is CBD legal in Ohio? Ohio’s CBD status is still new. The state decriminalized hemp and its products only in 2019, several months after the federal government approved the 2018 Farm Bill, which decriminalized hemp all over the country. In the 3 years that Ohio has had legal CBD, the Department of Agriculture has made routes for farmers to cultivate and process hemp-made products. Ohio has also made it legit to deal in hemp-derived products outside the medical marijuana dispensaries. However, marijuana-made CBD products (having more than 0.3% THC) are illegal to buy in Ohio unless you have a medical marijuana card. CBD Laws in Florida CBD products have been legit in Florida … Read more