Is CBD Legal in All 50 United States?

July 12, 2018

Is CBD Legal in All 50 United States?

As CBD is quickly gaining popularity for its health benefits and lack of negative side effects, a common question among potential customers concerns its legal status. Since CBD is a hemp product, it is commonly compared to marijuana. Marijuana and its related products are illegal at the federal level, but laws differ greatly on the state level in the United States regarding both medical and recreational marijuana.

Although CBD comes from the same type of plant as marijuana, the two substances are vastly different. Marijuana contains high amounts of the endocannabinoid THC, which is responsible for the “high” feelings of euphoria that come from using the drug. CBD, on the other hand, contains an extremely low level of THC - a level that will not get the user high, and makes it legal in all 50 states and at the federal level. Since CBD comes from industrial hemp, its legality has no relation to the laws regarding marijuana in any given state.

Industrial hemp and marijuana are both classified as cannabis plants, and both contain various levels of cannabinoids, which include CBD and THC. The difference between the two plants lies in their concentrations of cannabinoids. Industrial hemp contains a large amount of CBD but has very little THC. Marijuana is the complete opposite; it contains only trace amounts of CBD but huge levels of THC.

CBD and THC are both cannabinoids, which means they are naturally found in cannabis plants. The main difference between the two lies in their level of psychoactivity. CBD contains none of the psychoactive effects marijuana is famous for, which are almost entirely caused by THC. Therefore, products with CBD will not get you high; in fact, high levels of CBD prevent the low levels of THC found in industrial hemp from ever taking effect.

Despite all of this, it is important to point out that marijuana-based CBD does exist, and it is in a different legal category from hemp-based CBD. Even though both products have an incredibly low percentage of THC, marijuana-based CBD is classified as a marijuana product since it originates from the marijuana plant rather than the hemp plant. This means it is subject to the same state and federal regulations that marijuana is, even though it contains a much lower concentration of THC and will not get the user high.

In Which States is it Legal to Consume Marijuana-Based CBD?

Unsurprisingly, laws about marijuana-based CBD largely mirror the laws about marijuana as a whole for each state. As of 2018, the states where recreational marijuana is legal - Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, and Washington - are also the states that allow people to use marijuana-based CBD recreationally. 38 other states allow marijuana-based CBD to be used for medicinal purposes. Only 4 states have made marijuana-derived CBD completely illegal. The full list of states can be found here, as well as the option to look up your state’s specific laws regarding both recreational and medicinal CBD use.

Overall Legal Status

To summarize, the most important question concerning the legal status of CBD is whether it was derived from hemp or from marijuana. Hemp-based CBD is legal in all 50 states, but the laws marijuana-based CBD differ by state, and largely reflect the state’s overall marijuana laws. This website is a great resource to find out the legal status of marijuana-based CBD in your state.

One more thing to remember - Mahalo Wellness’ products are all hemp-based, so they’re completely legal no matter where you are in the US!






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