CBD’s Legality in 2018

By June 27, 2018CBD News
cbd legal 2018

People can use cannabidiol (CBD) as a treatment for a variety of chronic illnesses. This has caused a rise in its demand. Due to CBD’s skyrocketing popularity, more states in the United States of America have accepted it.

That is a definite step down the right path, despite the lack of clarity with legal matters on CBD. Various states have varying laws, which can also change federally. Since things are still unclear, most people would rather not use CBD. It thus deprives them of the many benefits cannabidiol can provide because they are afraid of breaking the law.

CBD could be or could not be legal, depending on conditions that need to be satisfied. There are different aspects used to determine whether CBD is illegal. One such aspect that is highly critical when it comes to CBD’s legality is CBD’s source: is it derived from marijuana or hemp?

How is Marijuana-Derived CBD Different from Hemp-Derived CBD?

Both hemp and marijuana are cannabis, which is why they are so similar. Their production levels of tetrahydrocannabinol or THC are what make them different. Hemp can contain a maximum of 0.3 percent of THC while marijuana can consist of a maximum THC percentage of 30. Because THC is psychoactive, marijuana is more likely to cause euphoria than hemp.

The legal department has no issues with hemp because it cannot get you high. This is why it is not illegal in America. That is why it is important to know what manufactures derive CBD from to determine its legality. Since hemp-derived CBD is not psychoactive, it is more likely that you can buy, sell or possess it.  On the other hand, if CBD is derived from marijuana, people judge it from a legal perspective as a marijuana by-product. It now depends on the particular laws within states, cities and countries.

Is CBD Legal in America?

Let us talk about the USA for starters. There are states that have completely legalized using hemp and marijuana medicinally and recreationally. These states are: Washington, Oregon, Nevada, Massachusetts, Maine, Colorado, California, and Alaska. Even if the doctor did not prescribe you CBD, you are free to use it without fear of legal persecution.

These 8 states are included in the 46 states that have legalized the medicinal use of CBD as long as you have a prescription. Despite legalizing it, there are still particular laws you must follow in 17 states. These laws concern THC levels and what disease you are treating with CBD.  These states are: Wyoming, Wisconsin, Virginia, Utah, Texas, Tennessee, South Carolina, Oklahoma, North Carolina, Missouri, Mississippi, Kentucky, Iowa, Indiana, Georgia, Florida and Alabama.

The states that have completely legalized medicinal CBD, whether they are marijuana-derived or hemp-derived are as follows: Washington, West Virginia, Vermont, Pennsylvania, Rhode Island, Oregon, North Dakota, Ohio, New York, New Jersey, New Hampshire, New Mexico, Montana, Nevada, Minnesota, Massachusetts, Michigan, Maryland, Illinois, Maine, Hawaii, Delaware, Florida, Connecticut, Arkansas, Colorado, California, Arizona and Alaska.

Is CBD Legal in Canada?

When it comes to neighbouring Canada, as long as CBD products contain less than 0.3 percent of THC, they are legal. These can include edibles, phoenix tears, tinctures and other forms of CBD. Only CBD derived from hemp can be sold, and the law has recently been changed to allow it.

Is CBD Legal in the UK?

Since CBD is not psychoactive, authorities in the UK have classified CBD as comparatively neutral. This means it is not a controlled substance. Thus, people can sell, consume and possess it legally.

Because it has been legalized, people can do research on CBD and experiment with it within the UK. Growing and possessing cannabis is still illegal in the UK, though. Even if CBD is derived from cannabis, individuals are allowed to use, possess, purchase and sell it even recreationally.

Selling CBD for medicinal purposes, on the other hand, needs licenses with further restrictions. Companies who want to sell CBD have to complete strict requirements and apply for a license. This is because one cannot grow CBD-rich cannabis nor hemp without being licensed and approved.

Is CBD Legal in Europe?

Other places in Europe an entirely different story though. Except for Slovakia, CBD has been legalized in the entirety of Europe. Scientists have been demonstrating CBD’s medicinal and therapeutic uses recently. Farmers located in Europe saw this as a cash cow, compared to using hemp to make fiber or seeds. This was an opportunity for them to start exporting products abroad.

One Last Puff: Is CBD Legal?

The legality of CBD still vastly depends on the area, whether it is a state, country or continent. It is important to fully know local laws, and conditions people must meet for CBD to be considered legal. Always check what your CBD is derived from, and what THC levels it contains. Do these before you purchase, sell or use CBD, unless you want jail-time. Because ignorance of the law excuses nobody, right?

We aren’t lawyers though, so don’t take this as legal counsel. It’s just friendly advice that we got from researching independently. We try to keep it updated, but the accuracy of the information posted can change, since laws are always changing. Let us know in the comments if there are any changes you know of, so we can update it!

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