Is CBD Legal?

Because it comes from hemp plants, many people’s first question is “is CBD legal?” Federally, CBD is still classified as a Schedule 1 Drug by the United States Drug Enforcement Agency (DEA). But, for most part, CBD has been widely legalized at the state level in many different forms—in fact, only three states currently have laws explicitly prohibiting CBD products: Idaho, Nebraska and South Dakota.

Most states recognize CBD as a hemp product, legalized under the Agricultural Act of 2014 (Sec. 7606) as long as it contains less than 0.3% THC. And, in 2018, a new agricultural bill was introduced to legalize hemp on a federal level, if passed.

It’s important to remember that CBD and THC are very different and are regulated differently at the state level. If your state hasn’t legalized recreational or medicinal marijuana yet, certain types of CBD products may still be legal if they’re distilled to remove THC.