Is CBD legal in all 50 states? It’s a debate wildly contested by Americans using CBD products to the companies that sell the products. The confusion is for good reason — there’s so much misinformation being shared via media. Admittedly, we were also confused about the laws surrounding the sale of hemp and CBD products until recently.
Today, Happy Joe wants to provide you with our current research and facts we’ve discovered about the purchase and sale of CBD products.
Is CBD legal in all 50 states?
The short answer is no, CBD is not legal in all 50 states and it’s completely illegal at the federal level. While many media reports and articles discuss this being a “gray area” it really is black and white. Let’s take a look at this from a Federal Law and State Law perspective.
Cannabidiol or CBD, is classified as part of the cannabis plant under Federal Law. Therefore it is a Schedule I drug and technically illegal to use and possess federally. And despite what some people believe, it doesn’t matter if the CBD was extracted from the cannabis plant or hemp plant. Cannabis is cannabis to the feds.
Ironically there is an exception to the rule – Epidiolex.
Epidiolex is a CBD pharmaceutical designed to treat epilepsy. It’s the ONLY cannabidiol medicine approved by the FDA and not classified as a Schedule I drug. Oh how the hypocrisy continues to exist in our federal government! Apparently cannabis or CBD has no medical value unless it’s created by Big Pharma and the government can make money from it.
While the DEA said it won’t arrest people using CBD, citing it’s a misuse of resources, there is still a slight risk with selling or using hemp infused products. The risk appears to be significantly lower with CBD Isolates or products containing zero THC.
To make matters worse, each state has their own laws about whether CBD is legal or not. Some states do not allow the purchase or use of CBD products while others do.
CBD is illegal in Ohio and Alabama, while in Oklahoma and Tennessee it isn’t. Other states require medical approval for the use of cannabis or CBD products. California allows the sale of recreational cannabis, yet CBD cannot be sold in food or beverages.
Now we can see why the confusion exists about whether CBD is really legal in all 50 states.
What does this mean for you?
Because laws relating to CBD, cannabis, and hemp are constantly evolving, Happy Joe recommends you research the laws governing your state before purchasing and using any CBD or hemp infused product.
Given the shear amount of people selling and using CBD, in addition to the resources it would take to enforce these variable laws, we can rest a little easier. However, we cannot guarantee anyone will be safe from negative or legal consequences until CBD or cannabis is declassified or legalized federally.
In a few rare cases, CBD consumers have been arrested but were exonerated. It appears law enforcement is more focused on CBD retail shops selling illegally in states where it’s prohibited or where the products are testing over the allotted THC content limits.
Regardless, we highly encourage you to do the research and weigh the pros and cons before making a decision.
What does this mean for Happy Joe?
We have seen firsthand how lives have been dramatically changed through the use of CBD products. We know how cannabis can greatly benefit people suffering from a wide variety of health issues. Even the World Health Organization supports the use of CBD.
Happy Joe will not alter our business; we will continue to sell hemp infused wellness products locally and online. We believe 100% in what we are doing.
It is important to note that we may, at our discretion, adapt our products and offerings to be as compliant as possible to reduce our risk for legal action. For now we will operate as usual.
We hope this article brought some clarity on whether CBD is legal in all 50 states or not. If you have any questions, please don’t hesitate to contact us.