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Is CBD illegal to possess

August 21, 2018
What is CBD?
CBD is a cannabidiol, which is a compound that is found in cannabis. Recent studies have shown that its properties are promising for treating a variety of medial conditions that include anxiety, seizures, and rheumatoid arthritis. There have even been studies that suggest it is an effective way to fight cancer cells, and it can increase the appetite in individuals with HIV and cancer.

Is CBD Illegal to Possess?
Although CBD isn’t legal in all 50 states, it is legal under certain circumstances. There are several factors that determine the legality of CBD. However, the most important factor that causes CBD to be legal or illegal is if it is derived from marijuana or hemp.

What is the Difference Between CBD That’s Derived From Hemp or Marijuana?
Marijuana and hemp are both derived from cannabis. However, the difference between the two is the amount of Tetrahydrocannabinol (THC) that each plant contains. Marijuana can have THC levels that reach up to 30%, and hemp has a much lower amount of TCH at an average of 0.03%. The amount of TCH that is in hemp doesn’t enable an individual to get high.

The Legality of CBD From Hemp
In short, CBD that is derived from hemp is legal in all 50 states, which is because it has nom psychoactive effects. However, there is still a stigma that is associated with CBD derived from hemp, which causes many individuals to get confused about its legality.

The Legality of CBD from Marijuana
In certain states, CBD that is derived from marijuana is completely legal, and there are some states that have specific laws about the use of CBD. For instance, some states allow the use of marijuana-derived CBD for medical purposes but not for recreational use.

Where is Marijuana-Derived CBD Legal?
There are 46 states that allow CBD for medical use as of 2018. However, to use marijuana-derived CBD, a prescription must be obtained for its legal use. The laws are different from state to state, and there are 17 states that have specific laws that mandate the amounts of TCH found in marijuana-derived CBD. In addition, the medical condition that is being treated is also considered. The 17 states that allow its use for certain medical conditions (at certain levels) are:

  • Alabama
  • Wyoming
  • Florida
  • Wisconsin
  • Georgia
  • Virginia
  • Indiana
  • Utah
  • Iowa
  • Texas
  • Kentucky
  • Tennessee
  • Mississippi
  • South Carolina
  • Missouri
  • Oklahoma
  • North Carolina

These states have completely legalized all CBD products for medical use:

  • Alaska
  • West Virginia
  • Arizona
  • Arkansas
  • Washington
  • Vermont
  • Rhode Island
  • California
  • Colorado
  • Delaware
  • Connecticut
  • Hawaii
  • Maine
  • Illinois
  • Massachusetts
  • Maryland
  • Minnesota
  • Michigan
  • Nevada
  • Montana
  • New Jersey
  • New Hampshire
  • Montana
  • New Mexico
  • New York
  • Ohio
  • North Dakota
  • Oregon

Where is Marijuana-Derived CBD Completely Illegal?
There are four states where CBD that is derived from marijuana is illegal: South Dakota, Nebraska, Idaho, and Kansas.

The laws on CBD are constantly changing, and the studies that have warranted its effective treatment for certain medical conditions are warranted. In fact, the FDA just approved the first marijuana-derived CBD medication for the treatment of seizures due to epilepsy.

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