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Cannabidiol (CBD) has become a hot topic everywhere and it is not possible to escape this topic without seeing an ad or post on social media or the internet. The most discussed reason for its emergence is its use as the natural treatment agent to treat stress, insomnia, aches, and many more. Cannabidiol (CBD), a plant-based product comes in many forms that have made it accessible for almost everyone. As it is a chemical compound that extracts from Cannabis sativa ssp sativa that makes you wonder that either it is all products are legal or not. If they are legal then to what extent, either they are legal in your states or all 50 states of the United States. Here are the details of all the legality regarding Cannabidiol in the United States.

Farming Act 2018:

The Bill package of Hemp Farming Act 2018 captures a wide range of programs from farmer subsidies to consumer protection. In this Farm bill 2018 on the federal level, the cultivation of hemp plant that contains 0.3% THC declared as legal [1]. This bill came into effect in 2019 making hemp cultivation legal on the federal level. The clauses of the farm bill 2018 are:

  • To remove hemp from the list of Controlled Substance Act
  • To allow the commercial cultivation of hemp
  • To legalize the production of hemp in Indian tribal land and U.S. Territories

States and Legality of CBD:

According to the “Farm Bill 2018”, it is to say that hemp-derived CBD is legal in all 50 states at the federal level. Despite the bill, some states have not embraced this law of legalizing CBD completely. Based on CBD allowance, states are divided into four jurisdictional categories [2].

  1. Friendliest States: In this jurisdiction, all the states have allowed the sale of hemp-derived CBD products. The states included in this category are Oklahoma, Indiana, Illinois, Oregon, South Carolina, Colorado, Texas, Tennessee, Maryland, Alaska, Rhode Island, Kentucky, Missouri, New York, Utah, Vermont, North Carolina, and Wisconsin.
  2. Friendly States: In this category, states have exempted industrial hemp from the classification of marijuana. The included states are the District of Columbia, Hawaii, Kansas, New Mexico, North Dakota, and Montana.
  3. Gray-Area States: Although Congress has passed a bill on the legalization of hemp-derived CBD at the federal level some states are still regulating the hemp plant regarding its production and consumption. It leads to create a legal grey area for CBD. The included states in the jurisdiction are Florida, Georgia, Connecticut, Pennsylvania, Mississippi, Minnesota, Arkansas, Delaware, Nebraska, Iowa, Idaho, Maine, Massachusetts, Louisiana, New Hampshire, Virginia, New Jersey, and Washington.
  4. Concerned States: The states in this category do not have an exclusive prohibition on the sale of CBD products. The recent law enforcement and pronouncements regarding CBD have raised a little bit of risk regarding CBD consumption and production. The included states are South Dakota, Alabama, West Virginia, Nevada, Ohio, Wyoming, Arizona, California, and Michigan.

Impact of State Laws on Hemp-derived CBD sale:

Each U.S states have their own rules and regulations when it comes to the hemp sale and production. The policymakers of almost 41 State the various issues in the “Farm Bill 2018” and asks for hemp’s legal definition, seed’s certification, legal protection, and regulation for the cultivators. While some states are willing to initiate programs that need agreement from the DEA or change in the law at the federal level before starting its implication. In compliance with the states’ regulation, the cultivator must be licensed, registered, or permitted by the authority [3].

Hemp-derived CBD and FDA Regulations:

According to the FDA (2019), they have not approved the CBD application for the treatment of any condition or disease. They have only approved a drug named Epidiolex (hemp-derived CBD product) for the treatment of epilepsy syndromes because it has the pure form of CBD that helps in controlling seizures. Epidiolex is the first hemp-derived CBD product to be approved in the United States [4]. FDA also has shown concern about the bulk production of CBD without approval for therapeutic purposes.

Different opinions on Regularity and Legality of CBD:

Although, the cultivation of Hemp-derived CBD is legalized by federal authorities because of its numerous benefits still there is a contradiction in its legality in the different U.S. States. It is to say that the States are permitting the sale of CBD, a chemical which claimed to possess numerous health benefits without having authentic clinical pieces of evidence regarding its consumption [5]. Legalizing CBD is an important issue because you cannot deny the fact that CBD is a drug that isolates from a plant of Cannabis family. The sale and recognition of ephedra as dietary supplements did not relieve it from being a drug because of its toxicity [6].


Although hemp-derived CBD is legal in all 50 states according to federal law still states have their own rules and regulations regarding the consumption and production of CBD. Some states have accepted the federal while some shows concern because of the lack of clinical evidence. There should be proper work on the legalization and regulation of CBD in all states for the safety of humanity. There should be proper awareness regarding the hemp-derived CBD products, research must be promoted for validation of the drug before legalizing it on a broad spectrum.

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