Is CBD Legal in all 50 states?

The 2014 Farm Bill legalized hemp in all fifty states. However, underlying issues specific to each state still causes confusion about the legal status of CBD oil. To understand the logistics properly, we need to explore the different issues specific to the states

Legality of the Source of the CBD

Although hemp-derived CBD is legal in all the states, not all marijuana is legal, according to federal law. While they are both members of the cannabis family, which makes them similar, the FDA classifies them differently. The government, therefore, considers hem as any plant of the cannabis family used for medical purposes, which contains not more than 0.3% THC. On the other hand, marijuana is any plant of the cannabis family containing more than the specified 0.3% THC levels.

Marijuana cannabis plants come with a low percentage of CBD than the hemp plant, which makes them popular for recreational usage. For this reason, CBD products derive the component from hemp instead of marijuana. The high concentration of THC in marijuana is not legalized in all the states yet. It is, therefore, not used for the production of CBD products. It will take a long process of extracting the THC to reduce the levels and attain the required legal limits.

What makes the hemp cannabis plan ideal for CBD oil is the high levels of CBD and minimized THC. Note, therefore, that if your CBD is derived from hemp, it is legal in all the states. However, if the CBD is processed from marijuana and has excess THC, it is not legal in all states, and you will have to familiarize with the state of residence first, before using it. The fact is some of the states are strongly conservative and have not fully embraced CBD yet. Since the law is relatively new to date, it may take time sometime before each state can catch up with the new 2018 Farm bill of the federal law in practice.

How Cannabidiol Is Made & Produced

Cannabidiol is a naturally occurring non-psychoactive concentrate, which is derived from the stalks and seeds of cannabis plants. The most popular extract comes from the hemp, rather than marijuana because it has the lowest levels of THC. At only 0.3% content, hemp’s CBD is not only recommended in each state. The process begins by cultivating plants rich in CBD naturally.

The Extraction Process

After harvesting the plant and preparing them for extraction, solvents are used to separate and collect the oils and compounds from the stalks and seeds. Most producers use a specified non-toxic carbon dioxide fluid in the process of dissolving the extract. This raw material is regarded as Generally Regarded as Safe (GRAS) by the FDA

Extracting all desired material requires a solvent to dissolve the ground plant material. The result is CBD essential oils, beneficial compounds, and lipids extracted and separated. After this process, the solvent is eliminated from the final product to produce oil, which is high in CBD


After many years of research, studies have found that there is at least 100 cannabidiol traditionally found in cannabis plants, which interact with the endocannabinoid system. This is a complex signaling network, which is responsible for the regulation of various biological processes such as inflammation. Other uses include; relaxation, sleep, pain management, metabolism, and appetite.


There is a wide range of differences in testing standards among manufacturers. All of them are expected to assess the content for reliability and pass the legal requirements before being released to the market. Experienced technicians, on the other hand, should test for degradation, contamination, and damage for safety assurance.


After preparing the CBD oil, a decarboxylation process (heating) follows to help transform the cannabinoids into a form, which is consumable by humans. This means decarboxylation helps make the cannabinoids easily intractable with your body’s receptors. The pure unrefined CBD oil may be consumed directly. However, in the long run, there are more sophisticated capsules emerging in the market. Others include body care products, liquids, and tinctures for a variety of application options.   

Alex Mihailov