The Federal Legality of CBD Oil
There are a lot of states who have already legalized medical marijuana, recreational marijuana, or both. Despite this, the United States federal (DEA) Drug Enforcement Administration still has CBD classified as a Schedule I drug. The DEA defines this type of drug as having the potential for abuse with no acceptable medical use. This is not just in reference to CBD, but the cannabis plant.
Legal marijuana is currently going through a transitional period in spite of the potential exceptions. The United States (FDA) Food and Drug Administration has approved a drug called Epidiolex despite the CBD content. This drug helps treat a type of pediatric epilepsy that is extremely rare. This drug has been classified by the DEA as a schedule five. This schedule is for drugs with the smallest potential for abuse and addiction.
According to the hemp producers, the Farm Bill of 2018 made CBD legal. There is a provision in this bill allowing hemp to be legally cultivated when it is being used under a program piloted by the state or for agricultural research. The confusion is regarding whether or not cultivating hemp to sell is legal. Prosecuting CBD users has not been prioritized by the DEA. This issue is CBD is still illegal federally. To determine the legality of CBD oil, the user must look to the laws of their state.
The States Where CBD Oil Is Legal
The attempt to legalize cannabis has made progress. Only three states remain where any type of marijuana is still completely illegal. These are South Dakota, Nebraska, and Idaho. Any individual not residing in one of these states may be able to legally purchase CBD oil. There are currently an impressive 33 states where it is legal to use some type of marijuana.
When these states are added to the three where all forms of marijuana are illegal, there are fourteen remaining states. There are tremendous differences regarding the laws for these states. To one degree or another, medical cannabidiol or CBD can be used legally in all of these states. The rules of these states as to who is able to receive approval for CBD are strict. This is based on medical condition and severity.
Below is a list of the states where some type of CBD is legal for medical purposes and the requirements according to NORML.
Alabama: CBD is only accessible if the individual is currently receiving treatment for a debilitating medical condition or for clinical trials sponsored by the state. The criteria for a debilitating medical condition is determined by Leni’s Law.
Georgia: It is now legal for physicians to prescribe CBD oil for individuals suffering from more than a dozen different medical conditions. This includes seizure disorders, Parkinson’s disease, multiple sclerosis, and cancer. Every patient has a legal limitation of twenty ounces of CBD oil. The THC content must not exceed five percent with the amount of CBD greater than or equal to the amount of THC.
Indiana: In 2018, a law was passed in this state, making the manufacturing of CBD oil legal. CBD can be sold and possessed under the condition the THC content is a maximum of 0.3 percent. This was a major accomplishment because the residents of Indiana are no longer required to be listed on a patient registry to purchase CBD oil.
Iowa: The Iowa Department of Public Health has made CBD oil legal in limited amounts for individuals suffering from numerous medical conditions. This includes seizure disorders, ALS, cancer, and HIV/aids. Recently, five dispensaries have opened their doors in the state. CBD is now legal in numerous forms including oil, capsules, and creams.
Kansas: A law was passed in 2018 making CBD products exempt from the criminal code of Kansas regarding marijuana. This enables all adults to buy and possess all products containing CBD provided there is no THC.
Kentucky: The laws in Kentucky allow for the cultivation of hemp, provided the process is sponsored by the state. It is legal to make, sell, purchase, and possess CBD oil using this hemp.
Mississippi: In 2014, the state legalized products with high CBD content for individuals with severe epilepsy provided the THC content was low. The CBD must legally contain less than 0.5 percent THC and over fifteen percent CBD. The supervision and prescription from a licensed physician is required.
North Carolina: CBD oil is only legal for individuals suffering from intractable epilepsy. All CBD products must be made using hemp extract to be legal.
South Carolina: CBD is legal for individuals with severe epilepsy disorders such as Dravet Syndrome. This is the same condition resulting in the creation of Epidiolex. To be legal, only small traces of THC are allowed.
Tennessee: CBD oil is legal in the state, provided it is made from hemp extract as opposed to marijuana. Physicians can prescribe CBD oil to individuals suffering from intractable epilepsy, provided the trace amounts of THC do not exceed nine-tenths of one percent.
Texas: Texas law allows for exceptions for individuals with intractable epilepsy. This law was passed in 2015. The CBD must contain a maximum of 0.5 percent THC and more than ten percent CBD.
Virginia: Governor Ralph Northram expanded the use of legal CBD by signing a bill. This made CBD oil legal for any individual with a condition diagnosed by a licensed physician or practitioner.
Wisconsin: This state legalized CBD oil for treating seizure disorders in 2014. The legality was expanded by the Senate in 2017. This made CBD oil legal for any medical condition with the recommendation of a physician.
Wyoming: The laws pertaining to CBD oil in this state are especially strict. CBD oil is only legal for individuals with epilepsy, provided they have not responded well to the other treatments. The Department of Health must receive a statement from a neurologist that the individual requires and would receive benefits from using CBD oil. The CBD must be made using hemp. The individual can then receive a card making it legal to receive CBD with trace amounts of THC and high CBD concentrations.