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Is CBD illegal to possess

by admin   Aug 19, 2018   Filed Under: Uncategorized

CBD or cannabidiol is becoming increasingly popular because it can naturally treat numerous chronic conditions. Many states have legalized CBD including Kentucky, Colorado and California. This makes the legality complicated because different states currently have different laws and there are yet more laws at the federal level. Unfortunately, this acts as a deterrent and many people are not obtaining the benefits because due to concerns about the legality of using CBD.

CBD is generally legal within all 50 states depending on a few important laws determined by the individual states. The critical point is if the CBD has been obtained from marijuana or hemp. Hemp and marijuana both belong to the cannabis family but the main difference is the THC or Tetrahydrocannabinol produced by each plant. Marijuana may contain as much as 30 percent THC. Hemp contains a maximum of 0.3 percent THC. This amount is so low it is not possible to get high.

The law is not concerned with hemp because there are no psychoactive effects. Products such as CBD made from hemp are legal and available in numerous stores and industries. Marijuana is completely different, making this critical to the legality of the product. This means if the CBD has been made using hemp it is legal in every state. The stigma regarding CBD is due to the confusion between the two different plants.

CBD derived using marijuana is judged as a marijuana based product. The legality is based on the specific laws of each state. Specific states have laws strictly regarding CBD. There are states where hemp products derived using marijuana are legal and others where it is not. There are eights states as of 2018 where cannabis including both hemp and marijuana are legal for medicinal and recreational use. These are Nevada, Washington, California, Massachusetts, Alaska, Oregon, Maine and Colorado. There is no prescription necessary in these states.

There are 46 states as of 2018 where CBD has been legalized for medicinal use. Other than the eight states listed above, a prescription is required. Seventeen of these states have specific laws regarding the levels of THC contained in the CBD and the medical conditions being treated. These 17 states are Tennessee, Florida, North Carolina, Georgia, Missouri, Utah, South Carolina, Indiana, Mississippi, Alabama, Wisconsin, Oklahoma, Iowa, Texas, Kentucky, Wyoming and Virginia.

There are 29 states where all CBD products, like CBD oil, and CBD shampoos, for medical use have been legalized whether derived from marijuana or hemp. These are New Mexico, Delaware, New Jersey, Pennsylvania, Alaska, Illinois, Massachusetts, Arizona, Washington, Florida, Michigan, Nevada, Arkansas, Connecticut, Oregon, Hawaii, New York, Vermont, Maryland, Colorado, Montana, Rhode Island, New Hampshire, California, Ohio, Minnesota, North Dakota, Maine and West Virginia. CBD derived from marijuana is illegal in Nebraska, Idaho, South Dakota and Kansas.

Other than the eight selected states above, it is important to obtain a medical prescription prior to purchasing any CBD products. This prescription must be written by a certified medical physician. It is also important to note there is a specific concentration of THC allowed by most states.