Is CBD Oil Legal in All States?

CBD popularity continues to grow. It can be found online, in your favorite grocery store, or at your pharmacy. But, is CBD oil legal in all states? Here at Redeem legality questions are the most frequently asked inquiries we receive. So, is CBD legal in your state? Or, can you take CBD with you when you fly?

The beginning of the answer is that hemp-derived products containing less than 0.3% THC are legal in the United States, as long as they contain less than 0.3% THC. However, state laws vary. Many states have placed restrictions on the sale of federally legal CBD products and a few have prohibited the sale altogether. This variability in state laws has caused confusion and alarm for many.

As a brand, we want to help those that are concerned by the legal inconsistency by offering you a guide to state laws as they apply to hemp derived CBD products. One quick disclaimer, we are a brand and not a law firm. The laws change frequently, state by state. This article is not legal advice and should be used as a starting point for your own research.

IS CBD FEDERALLY LEGAL?

In order to fully understand where cannabis (hemp and marijuana) law stands today, we need to take a look back to how we got here. Let’s have a quick history lesson on the current federal cannabis law in the US.

HEMP HISTORY

In the formative years of our country, Hemp, Cannabis sativa, was legal and widely grown. Many of our founding fathers grew large amounts of hemp on their farms. In the late 1700’s, hemp was grown mainly for fiber for rope and paper. There are detailed records of hemp transport from Kentucky, down the Mississippi to New Orleans where it was then shipped to trading partners around the world. As we entered the 19th century, the hemp industry thrived, only declining as cheaper hemp was made available by overseas competition.

The industry came to a screeching halt in 1937. Lobbyists convinced Congress to pass the Marihuana Tax which effectively prohibited all forms of cannabis. This prohibition was temporarily lifted in 1941 due to a high demand for rope that was needed by the US to serve the war effort (WWII). For the next several years the federal government encouraged farmers to produce hemp crops using the slogan, “Hemp for Victory.”

When WWII ended, so did hemp production. Complete prohibition returned in 1946.

WHEN DID THE WAR ON DRUGS START?

In 1970, as the Vietnam War was in full swing, President Nixon signed the Controlled Substances Act that created the Drug Enforcement Administration (DEA). The Controlled Substances Act classified all cannabis, including hemp, to be as dangerous as heroin. Cannabis was classified as a Schedule I drug citing it as having a high chance of abuse, risk of deadly adverse effects, lack of legitimate medicinal use, and a general threat to public health. As we know today, these charges have little to do with reality and much more to do with political propaganda and agenda.

As the 80’s rolled around, Reagan doubled down on cannabis as part of the War on Drugs. The attempt to control drugs like cocaine and heroin also further entangled cannabis due to its Schedule I status. Unfortunately, enforcement activities unfairly targeted minority and poor communities resulting in extreme sentences for even the most minor possession charges. This harsh treatment for inoculate offenses, are increasingly being judged by history to be racially motivated.

By the mid-1990’s, legalization of “medical marijuana” was gaining traction. This movement started in California and started as a direct result of the obvious potential for cannabis to help with many medical conditions. As medical marijuana became legal in many states the momentum for legalizing recreational use has continued to increase. The first state to legalize recreational use was Colorado (2012).  Since then there has been continued pressure on congress to legalize recreational use of cannabis federally. Recently, the federal government announced its intention to reclassify cannabis as a schedule III drug. This move would pave the way to allowing more research into medicinal use of cannabis by cutting much of the red tape involved.

SO, IS HEMP LEGAL?

In 2018, congress began responding to “pro-cannabis” sentiment by legalizing hemp as part of the 2018 Farm Bill. The stage for this legislation was set by the previous 2014 Farm Bill, which made hemp a limited hemp pilot program legal. This two-phase plan was a brilliant way to revive the hemp industry while avoiding the controversy over use of marijuana. The 2018 Farm Bill made hemp legal by defining hemp as cannabis that contains less than 0.3% THC. The bill also expressly legalizes CBD and CBD containing products as long as they are compliant with the stated THC limit.

The Farm Bill effectively removes hemp from the jurisdiction of the Department of Justice and places hemp production under the control of the US Department of Agriculture. This move further distances hemp from enforcement activities and has revived a long standing industry, giving farmers profitable cash crops and Americans legal access to the potential health benefits of cannabis.

As of February 2024, 25 states (including the District of Columbia) have legalized recreational cannabis use. Another 14 states allow medical use only. Most Americans now live in a state that has some level of cannabis legalization.

WHEN DID CBD OIL BECOME LEGAL?

Prior to the passage of the Farm Bill, CBD could only be sold legally in states like California and Washington that had already passed recreational marijuana reform. But, the minute the 2018 Farm Bill was enacted, it introduced a new definition to the cannabis world. Hemp is now cannabis that contains less than 0.3% THC by dry weight. The new definition removed hemp from the scheduled substances list and specifically stated that all cannabinoids contained in the plant were legal with the exception of Delta 9 THC.

Cannabis breeders quickly saw the potential offered by the new definition. Seemingly overnight, new strains of hemp were bred to maximize the CBD concentration while simultaneously lowering the THC content. The new strains and subsequent products were now compliant with federal law. That is how the CBD industry quickly came into being.

CAN YOU FLY WITH CBD PRODUCTS?

Can you take CBD products on a plane? Yes, flying with compliant CBD products is supported by TSA Policy. You can verify TSA policy here. Simply stated, you can carry CBD products that contain less than 0.3% THC in your carry-on as long as the product meets the TSA regulations for liquids (under 3.4 ounces or 100 ml).

RedeemRX CBD oils, CBD Cream, and Gummies are packaged in full compliance with TSA requirements. So yes, you can fly with RedeemRX in your carry-on and checked baggage.

CAN YOU MAIL CBD PRODUCTS?

Yes! The US Postal Service and UPS have published guidelines allowing the shipment of CBD products. Both simply require that the THC concentration meet the federal standard of less than 0.3% THC. Neither the USPS or UPS block delivery to any specific states. Therefore, CBD can be shipped to all 50 states and US territories!

These policies have gone a long way to calm the nerves of CBD consumers and further the cause of health and wellness cannabis products.

WHERE TO BUY CBD?

You’re in the right place! Here at RedeemRX we offer the highest quality CBD products. Our CBD gummies, tinctures, capsules, and creams have been featured by Forbes Health, USA Today, Men’s Health, and Healthline. And, our reviews speak for themselves.

We use the best ingredients, including USDA Certified CBD. Our products are third-party tested to guarantee purity and potency. And, we maintain strict quality controls by manufacturing everything in our facility under our watchful eye. There’s no need to go anywhere to buy top-quality CBD products!

IS CBD OIL LEGAL IN ALL STATES?

While hemp-derived CBD is legal on the federal level, a tangle of state laws blur and confuse the issue. Some states have no restrictions where CBD can be sold (such as only in registered dispensaries) and others have an outright prohibition. Many times these restrictions are more to do with tax revenue than consumer safety. This means CBD laws can vary widely depending on where you live or the state you are traveling to. You don’t want to be arrested on your vacation to Disney World like one grandmother was in 2019. Yes, it happened!

So let’s look at state laws regarding CBD by region.

IS CBD OIL LEGAL IN THE MIDWEST?

Is CBD legal in Kentucky? Yes, but sale of hemp flower direct to the consumer is prohibited.

Is CBD legal in Ohio? Yes, Hemp-derived CBD with less than 0.3% THC is legal. Cannabis-derived CBD oil legal with medical cannabis license for specific conditions

Is CBD legal in South Dakota? Yes, Hemp-derived CBD with less than 0.3% THC is legal.

Is CBD legal in Illinois? Yes, Both Hemp-derived and cannabis-derived CBD is legal in Illinois.

Is CBD legal in Nebraska? Yes, Hemp-derived CBD oil only with less than 0.3% THC; cannabis is illegal even for medical purposes.

IS CBD OIL LEGAL IN THE SOUTH?

The South is known for a conservative view on CBD, but most states are onboard.

Is CBD legal in North Carolina? Yes, Hemp-derived CBD with less than 0.3% THC is legal. Cannabis-derived CBD oil legal with medical cannabis license.

Is CBD legal in Texas? Yes, Hemp-derived CBD with less than 0.3% THC is legal. Low-THC (up to 1%) CBD oil available for patients with qualifying conditions.

Is CBD legal in Florida? Yes, products under 0.3% THC content are legal.

Is CBD legal in Virginia? Yes, Hemp-derived CBD with less than 0.3% THC is legal.

IS CBD OIL LEGAL IN THE NORTHEAST?

The Northeast welcomes CBD with open arms. Most states have legalized even recreational marijuana.

Is CBD legal in New Jersey? Yes, all forms of cannabis including CBD products are legal.

Is CBD legal in Connecticut? Yes, all forms of cannabis including CBD products are legal.

Is CBD legal in New York? Yes, Yes, all forms of cannabis including CBD products are legal.

IS CBD OIL LEGAL ON THE WEST COAST?

The West Coast has been all in on cannabis reform from the very beginning!

Is CBD legal in California? Yes, CBD products are legal in Cali. While California was quick to legalize marijuana, it came into the CBD game a bit late.

Is CBD legal in Oregon? Yes, CBD is legal in Oregon. Oregon was a pioneer in medical cannabis reform. Legalization occurred in 1998.

COMPREHENSIVE LISTING OF CBD LAWS BY STATE

CONCLUSION: CBD LAWS CAN BE CONFUSING

The bottom line is that CBD products containing less than 0.3% THC are federally compliant with the 2018 Farm Bill. CBD is no longer lumped in with Schedule I drugs. The TSA rules for air travel with CBD have been brought into alignment with the federal status of CBD and the shipment of CBD products is no longer a problem. It is the individual state laws that are causing CBD users to scratch their heads. While we have tried to shine a light on CBD laws by state in this article, we urge you to stay informed as the rules are changing every day. We will do our part to ensure that our products remain federally compliant and safe!