Yes, CBD is Federally Legal Across All 50 States!

Yes, CBD is Federally Legal Across All 50 States!

In legal terms, hemp is defined in legislation as the cannabis plant. Yes, the same plant that produces marijuana, but with one key difference - hemp cannot contain more than 0.3 percent of THC, the compound in the plant most commonly associated with the sensation of feeling high. In other words, hemp does not get a person high. For decades, federal law did not differentiate hemp from other cannabis plants, all of which were formally made illegal in 1970 under the Controlled Substances Act.

The Agriculture Improvement Act of 2018, otherwise knows as the 2018 Farm Bill, is a massive change to that legislation. Ultimately, the Farm Bill legalizes hemp. However, it does not create a system in which people can grow it as freely as they can grow home garden vegetables and herbs. This is still be a highly regulated crop in the United States for both personal and industrial production.

As mentioned previously, restrictions include that hemp cannot contain more than 0.3 percent THC, per section 10113 of the Farm Bill. Any cannabis plant that contains more than 0.3 percent THC would be considered non-hemp cannabis—or marijuana—under federal law and would thus face no legal protection under this new legislation.

The Bill does allow hemp cultivation broadly, with some stipulations. Cultivation requires specific licensing issued by the United States Department of Agriculture (USDA), depending upon the law of each State. 

Additionally, the Bill explicitly allows the transfer of hemp-derived products across state lines for commercial or other purposes. It also puts no restrictions on the sale, transport, or possession of hemp-derived products, as long as those items are produced in a manner consistent with the law.

Bottom line, yes, hemp CBD is legal and all the products we carry follow the guidelines set out in the 2018 Farm Bill. More information on the 2018 Farm Bill can be found on the USDA website.