Your Cart is Empty

Is CBD legal in your state?

October 31, 2023 3 min read

Is CBD legal in your state? - Leaf Remedys

So you’ve heard of all the great therapeutic benefits Cannabidiol (CBD) has to offer the human body, and you want in on the action.


There’s just one issue…


Can you legally consume and purchase CBD in your state?


Let’s first briefly look at the origins and stigma surrounding cannabis in the first place.



History of cannabis


Believe it or not, hemp and marijuana, which we now know belong to the Cannabis Sativa plant, were once fully legal throughout America.


In fact, marijuana was used for medical purposes, and industrial hemp was a huge agricultural commodity for producing paper, cosmetics, textiles, food, and construction materials.


However, because hemp and marijuana come from the same plant, they were both lumped together in the 1937  Marijuana Tax Act. This act not only discouraged marijuana use, but it also demanded higher taxes on marijuana and hemp farmers.


Then in 1970, both hemp and marijuana, as well as THC and CBD, were criminalized under the Controlled Substances Act. This means that hemp was considered a Schedule I drug despite its non-psychoactive properties. 


To put it into perspective of why this criminalization was such an overreach, Schedule I drugs include extremely addictive and dangerous substances like heroin. 


What’s more, studies show that CBD can actually prevent the “high” effect of THC.


Fortunately, in 2014, hemp cultivators were allowed to grow hemp for educational, agricultural, and academic research purposes only.


Fast forward to 2018, and we finally have The Hemp Farming Act that allows the cultivation, transportation, and production of all things hemp. So what does this mean for CBD?



Is CBD legal?


The Hemp Farming Act, officially known as the Agriculture Improvement Act of 2018, defines hemp as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”


This not only removed hemp from the Controlled Substances list, but it paved the way for the highly profitable and groundbreaking hemp-derived CBD industry.


There’s just one issue…


In legalizing hemp, the 2018 Farm Bill opened the door for individual states to write their own laws regarding their state citizens to cultivate, manufacture, consume, and purchase anything cannabis (hemp) related.


So while hemp is now legal on a federal level, there are a few states that have prohibited hemp and all of its derivatives (including CBD) completely.




CBD laws by state


Thankfully, hemp-derived CBD is legal to consume and possess in America with the exception of three states:


  • Idaho
  • Iowa
  • South Dakota


That said, even if hemp-derived CBD is legal in your state, there may be a few guidelines or restrictions regarding hemp-derived cannabinoids.


For example, some states require your intent to use CBD, while others have prohibited certain hemp-derived cannabinoids like Delta-8 THC.


If you’re curious to see how hemp-derived CBD or other hemp-based cannabinoids will work for you, it’s important that you look at your state laws and restrictions surrounding this highly therapeutic plant.


To avoid legal issues, remember to purchase only hemp-derived, cannabinoid-based products from reputable companies.


For more information on hemp-derived CBD, check out the Leaf Remedys educational page. As always, feel free to reach out to us if you have questions or concerns. We’d love to hear from you!