Hemp is legal in the United States with serious restrictions

The 2018 Farm Bill allows hemp cultivation broadly, not simply pilot programs for studying market interest in hemp-derived products.

It explicitly allows the transfer of hemp-derived products across state lines for commercial or other purposes. It also puts no restrictions on the sale, transport, or possession of hemp-derived products, so long as those items are produced in a manner consistent with the law.

The new Farm Bill does not create a completely free system in which individuals or businesses can grow hemp whenever and wherever they want. There are numerous restrictions.

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Cannabidiol (CBD) Legalization

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Is CBD Oil Legal?

While the popularity and overall acceptance of CBD have skyrocketed in recent years, state laws on CBD vary widely. The most important factors determining CBD legality are whether it is derived from hemp or marijuana and if it is produced by a state-licensed grower.

Even though hemp contains virtually no THC, the answer to the question, “Is hemp oil legal?” is not that simple. CBD derived from hemp is legal in most states. This includes all hemp-derived CBD products like oils, edibles, and ointments. However, marijuana-derived CBD does not enjoy the same privileges as hemp. In some states, CBD derived from marijuana is completely legal; but in most states, its legality depends on a number of different factors and conditions.

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Where is CBD Legal?

There are currently nine states where cannabis is legally sold for medicinal benefits and recreation. Nine states are able to source their CBD from cannabis hemp. They include Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, Vermont, and Washington.

Twenty-two states where cannabis is legal with a doctor’s recommendation. They include Arizona, Arkansas, Connecticut, Delaware, Florida, Hawaii, Illinois, Louisiana, Maryland, Michigan, Minnesota, Montana, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, and West Virginia.

Fifteen states have limited-access laws that allow cannabis only as CBD Oil with restrictions on the levels of THC varying per jurisdiction. Those states are Alabama, Georgia, Indiana, Iowa, Kentucky, Mississippi, Missouri, North Carolina, South Carolina, Tennessee, Texas, Utah, Virginia, Wyoming, and Wisconsin.


Four states as of now make marijuana and marijuana-derived products are illegal. They include Idaho, Kansas, Nebraska, and South Dakota. If you are in one of these states, it is crucial that you know what kind of CBD extract you are using and where it comes from.

As mentioned before, if you are consuming hemp-derived CBD anywhere in the US, you are in good shape. But when it comes to CBD products derived from marijuana, laws vary greatly at the state level. If you are not sure about your state’s cannabis laws, navigate through our map to learn more.

The Future of Hemp: The 2018 Farm Bill

Section 7606 of the 2014 Farm Act opened up new doors for the hemp industry by legalizing some cultivation activities that have since allowed the industry to grow in unprecedented ways. Following the success of various pilot programs made possible by the 2014 act, hemp is now widely accepted by the public and most lawmakers. The Farm Bill of 2018 will outline and will represent a significant step in making the laws understandable and clear making CBD Oil fully legal without any acceptions. Among other things, the act seeks to make hemp an agricultural commodity, give states the power to oversee hemp production, and take away the Drug Enforcement Administration’s (DEA) authority over hemp.

The 2018 Farm Bill is currently in conference committee where the two legislative chambers must reconcile a few differences before approval. The bill is expected to be signed into law before the end of the year; and if The Hemp Farming Act survives in its current form, it will be the most important victory in the regards to United States Hemp History.

McConnell’s amendment to the 2018 Farm Bill would officially remove hemp from the DEA’s list of controlled substances, ending the debate over the legal status of the plant.