Is CBD Oil Legal?
What states is CBD oil legal?
On December 20, 2018, the 2018 Federal Farm Bill was signed. The new Farm Bill legalized hemp in all 50 states. As a result, hemp and hemp derived products have been removed from the Controlled Substances Act.
CBD oil extracted from legally grown hemp is legal at the Federal level now, as long as the hemp contains less than 0.3% THC.
THC is the plant molecule, or phytocannabinoid, in the Cannabis plant family that makes you feel intoxicated. CBD, another phytocannabinoid from the Cannabis plant, does not make you feel intoxicated. CBD oil extracted from marijuana, Cannabis that has a high amount of THC, is only legal in the Medical Cannabis States. The 2018 Farm Bill legalized hemp and hemp derived products on a federal level but allows states to have more restrictive regulations. Check the legal status of CBD for your state below.
CBD LEGALITY BY STATE
We know the legality of CBD oil can be confusing, so we’ve created this resource to help guide you in making a well-informed purchase of your hemp products.
ALABAMA
In 2016, Alabama enacted the Alabama Industrial Hemp Research Program Act. This gave the Alabama Department of Agriculture and Industries, ADAI, the authority over the cultivation and processing of industrial hemp and hemp products. From a public notice issued in 2018 by Alabama Attorney General Steve Marshall, “CBD derived from industrial hemp, with a THC concentration of not more than .3%, can be legally produced, sold, and possessed in the State of Alabama.” On May 30, 2019, Senate Bill 225 was passed by Alabama lawmakers. The ADAI is tasked with a plan to monitor and regulate the commercial production of hemp under the 2018 Farm Bill.
ALASKA
On April 12, 2018, Senate Bill 6 was passed in Alaska. This Act creates a framework for the regulation and production of industrial hemp; relating to industrial hemp pilot programs; providing that industrial hemp is not included in the definition of ‘marijuana’, providing that the definition of cannabidiol oil is not included in the definition of ‘hashish oil’; clarifying that adding industrial hemp to food does not create an adulterated food product, and providing for a specific date. Hemp derived CBD oil is legal for purchase in Alaska.
ARIZONA
In 2014, Arizona judge Katherine Cooper ruled that medical cannabis products, including hemp derived CBD oil, are legal. On May 18, 2018, Arizona Governor Ducey signed the Arizona Hemp Bill into law. The Arizona bill legalizes hemp pilot programs and hemp research under the 2018 Farm Bill. Senate Bill 1003 is an emergency measure that requires the Arizona Department of Agriculture to set the rules, regulations, licensing procedures for growing hemp as of May 31, 2019.
ARKANSAS
On April 7, 2017, the Arkansas Industrial Hemp Law was signed into effect. A hemp research program was started to assess the agricultural and economic potential of industrial hemp in Arkansas. In March of 2019, Governor Asa Hutchinson signed HB 1518, which decriminalized hemp derived CBD oil.
CALIFORNIA
California farmers were able to grow hemp for the legal sale of seed, oil, and fiber to manufacturers with the passing of Senate Bill 676, the California Industrial Hemp Farming Act. The bill passed on September 12, 2011. All forms of Cannabis are legal in California.
Senate Bill 1409 was passed into law on September 20, 2018. This Bill authorized the California Department of Agriculture, as part of the California Industrial Hemp Registration program to establish and regulate an agricultural pilot program.
At this time, hemp derived CBD oil is illegal for purchase in California. CBD derived from Cannabis that contains more than 0.3% THC, is legal for purchase in California. California cannabis labeling laws require that this type of CBD oil is labeled and tamper evident.
COLORADO
It was the great state of Colorado that passed the first piece of modern hemp legislation in the country. In 1995, Senate Bill 132 was introduced by Senator Lloyd Casey. This bill informed it’s readers that cultivation of hemp was in the best interest of Colorado’s economy.
By 2010, House Joint Resolution 10-1027 was instated. This resolution facilitated the production of industrial hemp in Colorado. Colorado also passed House Bill 12-1099, which allows for the use of hemp cultivation for soil phytoremediation. Hemp derived CBD oil is legal for purchase in Colorado.
CONNECTICUT
On July 2, 2015, Governor Malloy signed HB 5780. This bill legalized industrial hemp and redefined industrial hemp to match the definition of hemp in the 2014 Farm Bill. This bill also excluded hemp as a controlled substance under Connecticut law. On May 14, 2019, the Public Act 19-3 was signed by Governor Lamont. This act authorized the Connecticut Department of Agriculture to implement a Hemp research program. Hemp-derived CBD products are legal in Connecticut.
DELAWARE
Senate Bill 266 was signed into law on August 28, 2018, by the Delaware General Assembly. This bill allowed for the cultivation of hemp for agricultural and academic research.
FLORIDA
On July 1, 2019, the Florida state hemp program will take effect. Governor Scott signed SB 1726 into law which authorized specific state universities to develop industrial hemp pilot program projects. Hemp-derived CBD products are legal in Florida without the need for a medical cannabis card.
GEORGIA
On May 10, 2019, Georgia Governor Kemp signed House Bill 213 into law. The cultivation of industrial hemp and the manufacture of hemp-derived products was made legal.
HAWAII
In 1999, Hawaii passed House Bill 32 was passed by the Hawaiian legislature. This was the beginning of their state hemp research program. In 2014, Senate Bill 2175 and 2358 was signed by former Governor Neil Abercrombie. These Bills initiated a 2-year research program on hemp phytoremediation and Bio-fuel research.
In 2016, Governor David Ige signed Senate Bill 2659 into law, which further clarified and continued the hemp cultivation efforts in their state research program.
IDAHO
Under Idaho state law, any CBD product that contains ANY THC (even 0.3% or less) is considered an illegal product. If the CBD product comes from the flowers of the mature plant, which contains the highest amount of concentrated phytocannabinoids or resin, the product is considered illegal. A legal CBD product in Idaho would be broad spectrum hemp derived CBD oil and CBD isolate products.
ILLINOIS
On August 26, 2018, Governor Bruce Rauner signed Senate Bill 2298, the Illinois Industrial Hemp Act. This Bill states that a person desiring to cultivate, grow, or process hemp must be licensed by the Illinois Department of Agriculture. Hemp Derived CBD products are legal in Illinois.
INDIANA
On March 21, 2018, Indiana Senate Bill 52 was signed into law by Governor Eric Holcomb. Part of the Bill states that CBD products must pass testing and labeling requirements, proving that the product is derived from hemp that contains less than 0.3% THC. The bill also amended the definition of hemp to include all parts of the hemp plant, including resin from the flower part of the plant.
IOWA
Governor Kim Reynolds signed the Iowa Hemp Act on 5/13/19. Customers cannot purchase hemp derived products in Iowa without a medical cannabis card and a doctor’s recommendation.
KANSAS
Governor Laura Kelly signed House Bill 2173 on April 15, 2019. This will allow Kansas farmers to cultivate and sell hemp in the future. On May 24, 2018, Governor Jeff Colyer signed Senate Bill 282. This Bill amended the definition of CBD to exclude it from the definition of “marijuana” in the state of Kansas. However, CBD products cannot contain any THC to be considered legal. So broad spectrum hemp derived CBD oil and Isolates of CBD are legal in Kansas.
KENTUCKY
Kentucky was one of the first states to consider reintroducing hemp cultivation. Governor Breton convened a commission to research legal pathways to do so in 1994. Senate Bill 50 was passed on 4/5/2013. Soon after, the 2014 Farm Bill was passed. Up until the 20th century, Kentucky was the greatest producer of hemp in the US. Kentucky planted 33 acres of hemp in 2014 with the passing of the Farm Bill. In 2018, 7,600 acres of hemp were grown. Hemp derived CBD products are legal in Kentucky.
LOUISIANA
Governor John Bel Edwards signed House Bill 491 into law on June 6, 2019. Louisiana Farmers will be able to grow hemp legally in 2020 after state agricultural officials finalize hemp growing regulations this year. Louisiana will limit the type of CBD oil to be broad spectrum hemp derived CBD oil from hemp or an Isolate of CBD. No THC is allowed in any of their CBD oil products. Smokable hemp flower is banned as well.
MAINE
In 2009, Maine passed LD 1159. This was an Act relating to industrial hemp. Cultivators of hemp had to be licensed by the Commissioner of Agriculture and Food and Rural Resources. The hemp had to be grown under a Federal permit.
In 2015, LD 4 removed the requirement that state licensing be contingent upon the Federal Government rescheduling hemp. However, all hemp seeds to be used for cultivation in Maine needed to be sourced from an approved Canadian producer of hemp seeds.
On March 27, 2019, Governor Janet Mills signed LD 360. This new law allows CBD manufacturers to produce and sell food additives and food products that contain hemp or hemp products.
MARYLAND
On April 30, 2019, Governor Hogan signed House Bill 1123 into law. The Hemp Research Pilot Program and Hemp Farming Program will establish hemp as an agricultural commodity in the state, to allow the sale of hemp products within and outside of the state, and to facilitate the research of hemp and hemp products. Maryland’s first hemp law was passed in 1999.
MASSACHUSETTS
Massachusetts legalized hemp products on December 15, 2016, the same year that recreational cannabis was legalized. On July 28, 2017, Governor Charlie Baker signed House Bill 3818, allowing hemp to be grown commercially. At this time, hemp derived CBD oil and CBD food products are illegal for purchase in Massachusetts.
MICHIGAN
Industrial Hemp farming became legal in Michigan as a result of the passing of the Michigan Regulation and Taxation Act that was passed in November 2018. This legalized all Cannabis in Michigan. Michigan has also launched a Hemp Pilot Program in 2019.
MINNESOTA
In 2015, the Minnesota Industrial Hemp Development Act became law. This allowed Minnesota to develop a hemp pilot program. According to Minnesota law, hemp derived CBD oil can only be purchased in Minnesota Medical Cannabis Dispensaries. The customer has to be a medical cannabis patient as well.
MISSISSIPPI
Hemp farming and hemp research is not legal at this time in Mississippi. Mississippi lawmakers want to wait until the end of 2019 to see if Federal regulations on hemp have taken effect.
MISSOURI
On June 1, 2018, Governor Eric Greitens signed House Bill 2034 into effect. This Bill legalized the cultivation of hemp and all hemp derived CBD products. House Bill 2238, passed in 2014, made it legal for patients with intractable epilepsy to obtain a recommendation for hemp derived CBD oil, with a neurologist’s recommendation and a Hemp Registration Card. With the passing of House Bill 2034, you no longer need a Hemp Registration Card in Missouri to legally possess hemp derived CBD Oil.
MONTANA
Montana code 80-18-101 to 80-18-111, adopted on March 10, 2017, legalized industrial hemp as an agricultural crop. An industrial hemp license is required before planting hemp seeds in Montana. Hemp derived CBD oil is legal for purchase in Montana.
NEBRASKA
On May 30, 2019, Governor Pete Ricketts signed the Nebraska Hemp Farming Act, which will recognize hemp as a viable agricultural crop and align state law with federal law. This will open up new commercial markets for farmers and businesses in Nebraska. Hemp cultivation was legal for research only until the Nebraska Hemp Farming Act was signed.
In 2014, LB 1001 was signed into effect by Nebraska lawmakers. Hemp was removed from the Nebraska CSA, making hemp derived CBD oil a legal product in Nebraska.
NEVADA
Senate Bill 305 was signed into law by Governor Sandoval on June 4, 2015. The bill authorized research on hemp under a hemp pilot program. Senate Bill 396 was passed on June 1, 2017. This bill authorizes farmers and private citizens to handle and cultivate hemp. Hemp derived CBD oil is legal for purchase in Nevada.
NEW HAMPSHIRE
On July 13, 2015 Governor Maggie Hassan signed House Bill 421 into effect. This act authorized the University of New Hampshire to grow for industrial purposes. House Bill 459, which is still in committee, establishes a committee to study the federal guidelines on growing hemp. Hemp derived CBD oil is legal in New Hampshire.
NEW JERSEY
On November 21, 2018, Assembly Bill 1330 was passed and signed into law by Governor Murphy. This Act directs the Department of Agriculture to create a pilot program to research the cultivation of industrial hemp. License holders will be able to plant, grow, harvest, possess, process, distribute, buy, or sell hemp in New Jersey. Hemp derived CBD oil is legal for purchase in New Jersey.
NEW MEXICO
On April 1, 2019, House Bill 581 was signed by Governor Michelle Grisham. This Bill, the Hemp Manufacturing Act, facilitates hemp manufacturing that will enable hemp to become a production crop in New Mexico. Hemp derived CBD oil is legal for purchase in New Mexico.
NEW YORK
On December 17, 2014, Governor Andrew Coumo signed Assembly Bill 9140. This authorized the growing of industrial hemp as part of an agricultural pilot program. A 07680 and S 06184, 2 companion bills, support the growth of industrial hemp and the regulation of hemp extract and provides for the licensing of cannabinoid related hemp extractors, and the requirement for these licenses. A 07680 is still in committee. S 06184 has crossed over from committee.
New York has committed to a major research project on hemp that will significantly increase the state’s production of hemp. In 2017, Governor Coumo has promised that $10 million will be available through 2 initiatives to advance hemp research and economic development opportunities for hemp businesses. At this time, New York City has banned CBD in food and edibles. This will go into effect July 1, 2019. Once the FDA establishes regulations for CBD products, New York City’s position could change.
NORTH CAROLINA
On October 31, 2015, Senate Bill 313 was passed. This Bill is an Act to recognize the importance of hemp research, to provide for compliance with the 2014 Farm Bill, and to promote increased agricultural employment. The North Carolina Industrial Hemp Commission was also created at this time.
On July 11, 2016, House Bill 992 was passed. This Act modified the Industrial Hemp Research Program by clarifying the definition of research purposes and the responsibilities of licensees, creating civil and criminal penalties for violations of the Industrial Hemp Program, and granting rule-making authority to the Industrial Hemp Commission. Senate Bill 315, North Carolina’s annual Farm Bill, has passed the NC Senate and is now goes to the House. This Bill would rename the NC Industrial Hemp Commission to the North Carolina Hemp Commission, place a ban on smokable hemp, and direct the Commissioner of Agriculture to submit a state plan for regulation of hemp production to the USDA for approval.
The authority of the state hemp program would transfer to the Department of Agriculture and Consumer Services on July 1, 2021. At this time the NC Industrial Hemp Commission, several hemp business owners, and hemp advocates are fighting the ban on smokable hemp and trying to come up with a workable solution.
NORTH DAKOTA
House Bill 1349 was signed by Governor Kristi Lynn Noem on March 28, 2019. This bill regulates and recognizes hemp and its derivatives as legitimate and legal. The purpose of the bill was to align the definition of hemp and establish a licensing system that will conform with Federal Guidelines and be approved by the USDA.
House Bill 1436 was signed by Governor Jack Dalrymple on March 27, 2015. This Bill established guidelines for North Dakota’s Industrial Hemp Program and allowed people to cultivate hemp for research or commercial purposes. Hemp derived CBD oil is legal in North Dakota.
OHIO
Senate Bill 57 will decriminalize hemp and license hemp cultivation. This Bill This will also legalize the sale of hemp derived CBD oil in Ohio. In 2018, the Ohio Board of Pharmacy issued inaccurate guidance on hemp derived CBD oil, stating that it was illegal to sell Hemp CBD products in retail stores in Ohio. At this time, it is illegal to grow or process hemp, or sell any CBD oil products in Ohio. This Bill will give oversight to the Department of Agriculture instead of the Ohio Board of Pharmacy. As of June 5, 2019, the Bill is still in committee.
OKLAHOMA
Governor Fallon signed House Bill 2913 on April 23, 2018. This created the Oklahoma Industrial Hemp Agricultural Pilot Program. This pilot program allowed universities and farmers to cultivate certified hemp seed for research and development for industrial purposes.
Governor Kevin Stitt signed Senate Bill 868 on April 18, 2019. This Bill will authorize the development of commercial hemp operations.
Senate Bill 238 was signed by Governor Stitt on May 13, 2019 and will take effect November 1, 2019. This Bill authorizes the sale of hemp derived CBD oil for retail and for hemp derived CBD oil to be labeled. The label must include the country of origin of the CBD and whether the CBD is synthetic or natural.
OREGON
Senate Bill 676 was signed by Governor Ted Kulongowski on August 4, 2009. This Bill permitted the production and possession of hemp and trade in hemp commodities and products.
On June 18, 2015, Governor Brown signed Senate Bill 881. This Bill provided that hemp seed not intended for planting but remaining capable of germination is agricultural hemp seed.
House Bill 4060 was signed by Governor Brown on March 29, 2016. This Bill allowed farmers to plant hemp however they wanted to and required all hemp derived products grown in Oregon to be tested the way that medical cannabis was tested.
PENNSYLVANIA
On July 20, 2016, Governor Wolf signed House Bill 967 into law. This law allows for hemp growers to become licensed to grow, cultivate, and market hemp. This law also created the Hemp Research Board. The board is responsible for developing regulations, applications of registration, inspections, a database for registered persons, registration fees, and guidelines for labeling and testing. Hemp derived CBD oil is legal for purchase in Pennsylvania.
RHODE ISLAND
House Bill 8232 was signed into law on July 12, 2016 by Governor Raimondo. Rhode Island’s “Hemp Growth Act” took effect January 1, 2017. This law allows licensed growers and higher educational institutions to cultivate and research hemp. Under this law, hemp is treated as an agricultural crop and is subject to regulation by the Rhode Island Department of Business Regulation.
The Division of Agriculture in the Department of Environmental Management is responsible for assisting the Department of Business Regulation to regulate hemp cultivation in Rhode Island. The law also prevents this department from adopting any rules that would prevent a person or entity from growing or distributing hemp based on the legal status of hemp based on Federal Law. Hemp derived CBD oil is legal to purchase in Rhode Island.
SOUTH CAROLINA
House Bill 3449 was signed into law by Governor McMaster on March 28, 2019. South Carolina’s existing hemp program allowed 40 applicants to cultivate hemp. This law expands the number of licenses available as well as the ability to cultivate hemp on more than 40 acres. The bill also removed the stipulation that all cultivators of hemp had to partner with a university for research purposes.
Now, anyone who previously applied for a grower’s permit will be eligible to grow hemp as long as they can pass a state and federal background check, accurate contact information, provide GPS coordinates of where the hemp will be grown, and a signed letter of intent with a purchaser. The law also states that unprocessed or raw plant material, including non sterilized hemp seeds, are not considered a legal hemp products in South Carolina. This means that hemp flower cannot be transferred to a licensed hemp entity to a non-licensed entity.
Smokable hemp flower is banned in South Carolina. However, hemp derived CBD oil is legal for purchase in South Carolina.
SOUTH DAKOTA
On March 17, 2017, Governor Kristi Noem signed Senate Bill 95 into law. This law added the phytocannabinoid, Cannabidiol or CBD, to the list of South Dakota Schedule IV controlled substances to exclude CBD from the definition of “marijuana”. Schedule IV controlled substances have a low potential for abuse and dependence and have a currently accepted medical use in the United States.
House Bill 1191, a Bill to legalize the growth, production, and processing of hemp and derivative products was vetoed by Governor Noem on March 11, 2019. On March 12, 2019, South Dakota senators were unable to override the veto. At this time, hemp derived CBD oil and hemp products, as well as hemp farming and hemp research is not legal in South Dakota.
TENNESSEE
Senate Bill 2495 and House Bill 2445 were signed into law by Governor Haslam on May 14, 2014. These Bills authorized the growing and processing of hemp, subject to the regulation by the Tennessee Department of Agriculture. Hemp was redefined as an agricultural crop rather than a controlled substance.
House Bill 2032 redefined hemp under the Tennessee Right To Farm Act and established a process for licensure for persons who process raw hemp within Tennessee or distributes hemp into or within Tennessee. Hemp derived CBD oil is legal for purchase in Tennessee.
The Tennessee Department of Agriculture has added some new rules for Tennessee’s Hemp Program. The application period for a license to grow hemp is now open year round. Hemp processors will no longer be required to register through the TDA. The TDA will no longer be issuing licenses for certified seed breeders, but anyone manufacturing, labeling, or distributing hemp seed will need to be licensed through TDA’s Agricultural Inputs Section. Growers will still need movement permits when transporting rooted plants from the growing site.
House Bill 991, passed on April 23, 2019, will place a 6.6% excise tax on the wholesale sales price of smokable hemp. This law will go into effect on January 1, 2020. Hemp derived CBD oil is legal for purchase in Tennessee.
TEXAS
On June 10, 2019, Governor Greg Abbott signed House Bill 1325 into law. The Texas Department of Agriculture is responsible for overseeing and issuing licenses to farms that hope to grow hemp. Texas Health and Human Services will regulate any hemp products made for human
consumption. The law will require hemp products to have accurate labeling and third party lab testing to verify product purity. With the passing of HB 1325, hemp derived CBD oil is legal for purchase in Texas.
UTAH
On March 20, 2014, Governor Herbert signed House Bill 105 into law. This legislation allows qualifying patients with intractable seizures from epilepsy to participate in the University of Utah research study using CBD oil as a treatment. Patients would need to have a Hemp Extract Registration Card.
Senate Bill 130, the Cannabidiol Product Act, was signed into law on March 23, 2018. This Bill authorizes the Department of Agriculture and Food to make rules regarding CBD, grants the Department of Agriculture and Food; the Division of Occupational and Professional Licensing; the Department of Financial Institutions; and the Department of Health rule-making authority. Hemp derived CBD oil is legal for purchase in Utah.
VIRGINIA
On February 18, 1999, Joint Resolution 94 was passed. The Secretary of Agriculture, the Director of the DEA, and the Director of the Office of National Drug Control Policy were given permission to permit the controlled and experimental cultivation of hemp in Virginia.
On February 16, 2001, Joint Resolution 605 was passed. This Bill requested the Commission on Rural Prosperity to consider the growth and production of hemp in Virginia as a way to promote rural prosperity.
Senate Bill 955 was signed into law on March 16, 2015 by Governor McAuliffe. This Bill allowed the cultivation by licensed growers of hemp as part of a university-managed research program and directs the Commissioner of the Department of Agriculture and Consumer Services to adopt regulations and establish a hemp research program to be managed by state university research programs.
On February 29, 2016, Senate Bill 691 was signed into law by Governor McAuliffe. This Bill requires the Commissioner of Agriculture and Consumer Services to establish a licensure program.
Senate Bill 247 was signed by Governor Ralph Northram on March 30, 2018. This Bill makes it lawful for a licensed grower to manufacture hemp products or engage in the research of hemp. Hemp derived CBD oil is legal for purchase in Virginia.
VERMONT
In 1999, Vermont lawmakers passed Joint Resolution Bill 098. This Bill urged the DEA,USDA, and U.S. Congress to reconsider Federal Policies that restrict the cultivation and marketing of hemp and hemp products.
On June 10, 2013, Governor Shumlin passed Senate Bill 157. This Bill amends statewide regulations for the Secretary of Agriculture, Food, and Markets, to license growers to cultivate hemp as an agricultural crop. This Bill also eliminates previous language halting the issuing of licenses until Federal Law changed with the 2014 Farm Bill.
The Vermont Agency of Agriculture is in the process of writing new draft rules for the Vermont Hemp Program. The new rules will follow changes to the 2018 Federal Farm Bill. One of the key takeaways is mandatory labeling and lab testing of hemp derived products. A unique caveat of the labeling rules would be a grading system based on the CBD concentration level of the hemp crop used in the product. Hemp derived CBD oil is legal for purchase in Vermont.
WASHINGTON
Initiative 502 was passed by the voters on November 6, 2012. Initiative 502 defined “marijuana” to exclude Cannabis that has a content of 0.3% THC or less, so Hemp was no longer considered a controlled substance under Washington state law.
House Bill 1268 was signed into law on April 25, 2015 by Governor Inslee. This bill legalized hemp and declared it an agricultural product to be grown for animal feed.
On April 26, 2019, Governor Inslee signed Engrossed Second Substitute Senate Bill 5276. This Bill authorizes Washington State Department of Agriculture to develop a new Hemp Plan to replace the current Industrial Hemp Research Pilot Program. Hemp derived CBD oil is legal for purchase in Washington State.
WEST VIRGINIA
In 2002, West Virginia lawmakers passed Senate Bill 447, The Hemp Development Act. This Bill was passed to legalize the growing, processing, harvesting, and selling of hemp for commercial purposes. The definition of hemp in this Bill is cannabis with 1% or less THC as an agricultural crop. The Act was mostly inactive until Congress passed the 2014 Farm Bill.
House Bill 3011 became a law without the Governor’s signature on March 21, 2014. House Bill 3011 removed the provision that requires and applicant to meet Federal requirements concerning the production, distribution, and sale of hemp prior to being licensed.
On March 27, 2018, Governor Jim Justice signed Senate Bill 475, the Industrial Hemp Development Act into law. The Bill authorizes the Commissioner of Agriculture to create and regulate an industrial hemp seed certification program. Hemp derived CBD oil is legal for purchase in West Virginia.
WISCONSIN
Senate Bill 119 was signed into law on November 30, 2018 by Governor Scott Walker. This Bill allows for a hemp pilot program to be established and be administered by the Wisconsin Department of Agriculture. The pilot program will permit farmers to grow hemp through a licensing program from the WDA and Trade and Consumer Protection. Hemp derived CBD oil is legal for purchase in Wisconsin.
WYOMING
House Bill 230 was passed into law without the Governor’s signature on July 1, 2018. Hemp was legalized for research purposes. The Bill allowed farmers to grow, plant, and sell hemp for experimentation and research, under the direction of the Wyoming Department of Agriculture.
House Bill 171 was signed by Governor Gordon on March 6, 2019. The new law legalizes hemp and hemp products from regulation by the Wyoming Controlled Substances List, establishes hemp as an agricultural crop, authorizes hemp farming, production, and processing, and provides rule making authority to the Wyoming Department of Agriculture. Hemp derived CBD oil is legal for purchase in Wyoming.
DISTRICT OF COLUMBIA
Hemp derived CBD oil is legal for purchase in Washington DC. There are no current hemp laws or pending Bills for the cultivation of hemp.
HISTORY OF CBD LAW IN THE U.S.
THE 2014 AND 2018 FARM BILLS
The 2014 Farm Bill established regulatory regimes or pilot programs in states that wished to grow hemp for research. Many states took advantage of the pilot programs and as a result, a lot of research was made available on the benefits of growing hemp.
The 2018 Federal Farm Bill was signed on December 20, 2018. With the legalization of hemp, individual states and American Indian tribes may not prohibit the transportation of hemp or hemp derived products across state lines. The hemp derived CBD oil, or hemp product must be extracted from hemp grown in compliance with state and federal regulations, according to the 2018 Farm Bill.
Legally grown hemp must contain less than 0.3% THC, the main psychoactive phytocannabinoid in the cannabis plant family. In any other circumstance, CBD oil is considered a Schedule I substance, a substance with high potential for abuse with no currently accepted medical use. Under the DEA’s definition, CBD remains a Schedule I within the Controlled Substances Act list. This, in turn, allows for individual states to create exceptions to the legal status of CBD, even if the CBD has been extracted from a hemp plant that was grown legally.
Another caveat of the 2018 Farm Bill is that each state can create its own regulatory framework around hemp. In order for a state to enact more stringent legislation, it must first submit a plan that is approved by the USDA. At this time, no USDA plan is in place to regulate hemp and hemp derived products. However, Federal hemp regulations may be set as early as the end of this year or up to several years from now. The timeline is very vague. At this time, all hemp legally grown in the US is grown under the 2014 Farm Bill, until regulations are created by the USDA.
EPIDIOLEX AND CBD ISOLATE
In 2018, Epidiolex, a CBD isolate, became an FDA approved medication that is used to treat epilepsy. Epidiolex is considered a Schedule V in the CSA, a least restrictive scheduled substance on the CSA. Epidiolex is only available by prescription. Since Epidiolex is now an FDA approved medication, CBD isolate cannot be sold by other companies.
Full spectrum or whole spectrum hemp extracts that contain CBD and other phytocannabinoids from the hemp plant are not isolates of CBD and are therefore legal products as long as the product contains less than 0.3 % THC.
THE AUTHORITY OF THE FDA
Earlier this year, the FDA issued warning letters to CBD companies, advising them to not make any misleading disease-related claims, such as CBD can cure cancer. In 1938, Congress passed the Food, Drug, and Cosmetics Act. This gave authority to the FDA to oversee the safety of food, drugs, medical devices, and cosmetics.
In 1994, the Dietary Supplement Health and Education Act was passed. This gave the FDA the power to define and regulate dietary supplements. The burden of proof of the safety of the supplement is on the FDA. Cannabis, including hemp products, could not be added to this list because it is technically not new. This list was designed for substances that have never been in the food supply before.
Cannabis extracts were used for over 100 years by physicians and patients in the US before the prohibition of Cannabis. Cannabis first appeared in the US Pharmacopoeia in 1850. Cannabis extracts were generally recognized as safe due to few side effects and no accidental overdoses. Since cannabis extracts were sold and heavily advertised in the food supply for over 100 years, full and whole spectrum hemp products cannot qualify to be on the list.
THE FUTURE OF HEMP REGULATIONS
In December of 2017, the World Health Organization completed a study on CBD. An expert committee on drug dependence found no public health risks or potential for abuse and is safe and well tolerated in humans. While it is up to the FDA to determine the regulations and relative safety of full and whole spectrum hemp products, regulatory practices and product safety parameters are urgently needed.
Choosing the right CBD product can be difficult when some companies sell products that are not tested for contaminants and toxins. Kingdom Harvest's, Whole Spectrum Hemp Oil is always third-party lab tested, and each bottle comes with a batch number. The certificate of analysis for each product can be easily accessed for verification of safety.
REFERENCES:
https://www.who.int/medicines/access/controlled-substances/CannabidiolCriticalReview.pdf
https://cannabusiness.law/usda-issues-legal-opinion-letter-on-hemp/
https://nifa.usda.gov/industrial-hemp
https://www.votehemp.com/resources/state-hemp-law/