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Is CBD Oil Legal in the US? An Update on the Medical Marijuana Laws

CBD oil or hemp CBD oil, otherwise known as Cannabidiol is an extract of the Sativa plant. While this component can be derived from cannabis plants that are grown for smoking and have a high concentration of THC, it is actually much more common to refine CBD from hemp, which has only a negligible amount of the compound.

It has been shown to have powerful medicinal qualities with one massive advantage over cannabis oil and that is it has only a minute amount of THC. In effect, this means that you can access all of the medicinal benefits of marijuana without getting high. As you can imagine, the fact that you cannot use this product to get high also has an effect on it's legality.

In short, there is nothing prohibited about this substance, as it contains almost no THC and CANNOT get you high.

However, the actual situation on the ground is a bit more complex than that and it is this uncertainty that put some people off using this wonderful product. Because pot and its derivatives has been under scrutiny for so long in the US, it is taking some time for laws and regulations to change, even with a large number of states already saying yes to weed. But the confusion goes even further when it comes to cannabis oil products, because a lot of people seem to be asking "is CBD legal in the US?"

Shortly, I'm about to give you full run down on the current status on the regulation of this product in the US at both the state and federal level, so we can educate you about your weed rights. 

So, Where is this Product Legal in the US?

Map of US

As you are likely already aware, the situation with cannabis based products in the United States is currently undergoing some massive changes. Already, a large number of states have legalized either full recreational use or medicinal use of weed based products and many more are following suit.

However, big changes like this, especially after marijuana has been prohibited for such a long time and can be difficult to get through legislative bodies. The question you really need to be asking is, "is medical marijuana legal in all 50 states?" because we now know that this product doesn't contain the psychoactive properties, therefore meaning that it is strictly a medicinal product. 

It is important to remember that hemp has been legal for quite some years now, and you can find all kinds of hemp products in the market, from hemp clothing, to industrial items and even in supplements. ​

Here is a full list of states in which this product is currently available medicinally:

  • Alabama
  • Delaware
  • Florida
  • Georgia
  • Iowa
  • Kentucky
  • Mississippi
  • Missouri
  • North Carolina
  • Oklahoma
  • South Carolina
  • Tennessee
  • Texas
  • Utah
  • Virginia
  • Wisconsin

That's a pretty long list. So is CBD illegal? As you can see, most certainly not. Only thing to keep in mind is that each of the states listed above has different rules about exactly who can access cannabidiol products and for what reasons medicinal prescriptions can be given, so be careful.

Medical Dispensary

For example, in some states only people suffering from specific diseases or disorders are eligible, while in others it's more open, but prescriptions are still required. Do be aware that some states in the above list also have rules surrounding where you can safely acquire this product from.

Before you go ahead and purchase any products for yourself, check your state's specific laws. At all times it pays to be on the right side of the law and that is why we are in the business of keeping you informed of every development.

If your state is not featured on the list above, there is no need to despair, you are probably closer to legalizing medicinal marijuana products than you think. Many states have laws progressing through state legislatures right now to regulate the industry, including various cannabis based products.

Even the unclear situation at federal level is due to be sorted out sometime in 2017, with a good chance that marijuana oil that has a low percentage of THC could be overlooked. 

Is Hemp CBD Oil Legal?

When it comes to the federal level, knowing what weed products are prohibited can become a bit more complex than you think. For years cannabis and specifically the active compound THC has been designated as a class one drug. In the past, this designation has caused no end of problems to people wanting to use marijuana based products for medicinal purposes.


Even living in a state with regulated medicinal marijuana products, bans at the federal level can cause problems having this product sent by the US postal service. The difference with CBD based products however is the very low percentage of THC.

Federal law specifies an allowable percentage of naturally occurring THC in a products and Hemp CBD oil falls well under this level. These medicinal extracts generally have less than 0.3 percent or less of THC, meaning it is just not possible to get high from this product.

Without any kind of psychoactive properties, there is no logical reason why this product should be prohibited at the federal level. Many groups are hard at work lobbying at state and federal level right now to make law makers aware of just how beneficial hemp oil can be to people with genuine need of relief that existing medicine just cannot provide, but is hemp oil legal?

While right at this moment the DEA has not clarified the situation sufficiently, it is expected that some time during 2017, they will take steps to legalize non psychoactive cannabis based products.

Laying Down the Law with Marijuana Products

Judges Hammer

As you can see from all of the details above this is not a simple situation, however one thing is clear, things are changing fast. After decades of weed and its derivatives being classes as illegal at the state and federal level, we have begun to see the first moves towards widespread use of this substance for medicinal purposes.

These products are a completely legitimate medical treatment and in no way represent a way to get ‘high’. These extracts that have been approved by the state have only trace amounts of THC present and there is absolutely no chance of using them to get high.

A wide range of scientific research has been conducted and there is an ever growing consensus that this product offers real benefits to those with chronic illnesses. The state shown above that have already legalized this product speak volumes about the belief people have in this natural extract. Things are only going to improve as more and more state legislatures pass laws allowing the use and sale of CBD oil. 

For more information on the everything you need to know about CBD hemp oil, check out our buyers guide right here.​

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