CBD Legality in the United States: A Comprehensive Guide

Cannabidiol (CBD) is a natural compound found in the cannabis plant, alongside tetrahydrocannabinol (THC). While some states have legalized medical marijuana, the remaining 14 states have passed laws that allow the use of CBD extract, generally in oil form, with little or no THC and, often, for the treatment of epilepsy or seizures in seriously ill children. CBD is not psychoactive and has mild psychoactive effects. The North Carolina Department of Health and Human Services (DHHS) states that hemp extract must contain less than 0.9% THC by weight, at least 5% CBD by weight and may not contain any other psychoactive substance.

People with a DHHS caregiver registration letter can take hemp extract out of their homes. Currently, 47 of the 50 U. S. states, as well as Washington DC, have legalized the sale and use of hemp-derived CBD products.

However, some states have restrictions on what CBD products can be sold. Medical marijuana cardholders may not face the same restrictions in every state. Under Idaho state law, any hemp-derived CBD product must meet two conditions to be legal: it must contain 0% THC, not just less than 0.3%, and it must be classified as “non-marijuana” under Idaho Code § 37-2701 (t). In other words, CBD can only be taken from certain parts of the hemp plant. Marijuana-derived CBD is still in a legal gray area when it comes to legal sale and use.

Some states allow marijuana-based CBD without a medical exemption; other states require a medical exemption. Idaho, Nebraska and South Dakota are the only states where marijuana-derived CBD is illegal. Be sure to review the current laws in your state regarding the sale or use of any CBD product. If your state allows its citizens to use CBD products, it doesn't mean that a neighboring state has implemented the same rules and regulations. The regulations surrounding the legality of CBD are likely to continue to evolve and fluctuate over time. To make things easier for you, here are five of the most universal cannabis regulations in the U.


  • Alabama: CBD products approved by the FDA and with THC levels below 0.3% are legal for recreational use in Alabama.
  • Iowa, Kansas, Mississippi and North Carolina: These states have limited access to the full range of CBD products.
  • FDA Regulations: If CBD is allowed to be marketed and regulated as health supplements, all sellers who sell fake or dangerous products will immediately disappear from the industry.
  • Certificate of Analysis: A certificate of analysis from the laboratory will tell you exactly how much CBD your product contains and whether or not it has passed purity tests.
  • Federal & State Regulations: There are federal and state regulations on the use of CBD, and knowing which of these regulations affect you is key to using the cannabinoid safely and legally.
Enjoy the benefits of CBD products and the entire cannabis plant with a medical marijuana card. Contact qualified doctors at Leafwell to help you get an MMJ card.

Mae Bedee
Mae Bedee

Extreme sushi junkie. Subtly charming social mediaholic. Hipster-friendly coffee specialist. Proud web ninja. Avid internet lover. Infuriatingly humble beer advocate.

Leave Reply

All fileds with * are required