Clearing up the legal confusion surrounding CBD products
Table of Contents
Is CBD legal in my state?
When it comes to the majority of CBD products you can buy online or in retail stores, the answer is definitely yes. CBD products are now classified as nutritional supplements by the FDA and since 2018 they have been legal nationwide. As long as they contain below 0.3% THC or no THC, the CBD products you see online or in stores are completely legal to buy and sell. When it comes to the law, they are no different from other over-the-counter wellness products or dietary supplements. There’s no way to get in trouble with the law by buying or using CBD products – so long as those products are free from the compound called THC.
Some cannabis products do contain both THC and CBD, and they are classified differently under the law. Hemp-based products that contain both CBD and THC are considered controlled substances by government and regulatory agencies. This doesn’t mean they are illegal. They can still be bought and sold, but they are subject to a different set of laws that do vary from state to state.
The key to understanding it all is knowing it’s not the CBD that varies in legality, but THC. CBD products, so long as they contain little or no THC, are completely legal in every U.S. state. THC is another story. The laws that apply to THC vary widely, and some states consider THC-bearing products as illegal to buy without special permissions – like a medical marijuana doctor’s prescription. It’s easy to get these two compounds known by their three-letter abbreviations confused, so it’s important to understand the difference between them.
What’s the difference between CBD and THC?
CBD is an abbreviation for Cannabidiol, one of many naturally occurring botanical compounds found in the cannabis plant. Botanical oil containing the cannabinoid CBD is extracted and purified to produce CBD oil, which forms the base ingredient of many different kinds of products. The species of cannabis used to create CBD oil is already very low in THC, and the extract is often further purified to remove all traces of THC.
CBD oil is not a psychoactive compound like THC, nor is it a milder form of marijuana. Using CBD will not result in a euphoric high and it is not used recreationally, but rather therapeutically. CBD products are used strictly as a wellness supplement, similar to how hemp products are used. CBD oil (so long as it is very low to no THC) is legal in all 50 states.
THC stands for Tetrahydrocannabinol. It too is a cannabinoid found in the cannabis plant and the one for which it is most famous. The marijuana strain of the cannabis plant is purposely cultivated to produce high amounts of THC, far more than the strains of the plant that produce hemp and CBD oil. When a product contains a high amount of the cannabinoid THC, it becomes a controlled substance subject to state laws. Products made from the high-THC strains of cannabis are sold in state-regulated dispensaries and monitored by government agencies. Since these products are only sold in specialized dispensaries, you won’t find them sold in retail stores or online, so there is no way to accidentally buy them.
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Is THC legal in my state?
Substances that contain THC are controlled substances that are always subject to state laws. The legality of marijuana varies widely by state. Some states have complete legality of THC-bearing cannabis products, but they are still sold through licensed dispensaries. In states where recreational marijuana is legal, an ID is required to buy, much like alcohol and cigarettes.
Other states are more restrictive, and THC-bearing cannabis products are only available for purchase except for medical reasons and require a medical marijuana doctor’s prescription. A few states don’t allow recreational or medical marijuana, but even in those states, CBD products are completely legal so long as they are THC free.
Remember that CBD products are never illegal or restricted on their own. People sometimes question the legality of CBD because they confuse it with marijuana-derived products that contain THC. In the United States in 2020, medical marijuana is currently legal in 33 states and recreational marijuana in 11 states, but that number changes each year as states pass new legislation.
Recreational Marijuana Legal
Alaska, California, Colorado, Illinois, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, Washington
Medical Marijuana Legal
Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Illinois, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Utah, Vermont, Washington, West Virginia
No Marijuana Legal
Idaho, South Dakota, Nebraska
What kind of CBD is always legal?
CBD became legal nationwide with the passage of the Hemp Farming Act of 2018 which designated all forms of CBD as nutritional supplements. This bill removed all hemp products containing less than 0.3% THC from the list of controlled substances, allowing them to be sold as nutritional supplements over-the-counter in stores and online.
This bill effectively made CBD oil legal in all 50 states, as long as it contains less than 0.3% of THC. Today anyone in the U.S. can easily buy CBD oil online, on the shelves of health stores, and even in supermarkets. CBD oil products that are completely free of THC are often labeled as made from “Pure CBD Oil”, letting consumers know there is no trace of THC in the product they are buying.
Uncle Buds CBD products are made from this type of pure CBD oil. They are guaranteed to be 100% free of THC and are legal to buy and ship to every state in the U.S.
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What kind of CBD is illegal?
No CBD product is illegal on its own. There are products that contain both THC and CBD. Sometimes these are called “Full Spectrum”, meaning they contain all of the cannabis compounds possible, including THC and CBD. Full Spectrum and other CBD products that contain THC are sold from dispensaries and are usually clearly labeled and sold as a marijuana-based product. If you carefully read what you are buying, there is really no way to accidentally buy a CBD product with THC.
Even in states where recreational marijuana is legal, CBD products that contain THC can only be bought from licensed dispensaries, which are tightly controlled by state laws.
What about Uncle Buds CBD?
Most CBD customers want to ensure the CBD products they buy are completely free of THC. CBD oil producers have created a pure form of hemp oil that contains CBD, but 0% THC. This THC-free hemp oil is called “Pure CBD Oil.” It’s made from hemp strains already low in THC and is further purified to remove any trace amounts of THC. Pure CBD Oil contains an abundance of the cannabinoid CBD but since it is THC-free, users can be confident there is no chance of accidentally receiving a trace amount of THC.
Uncle Bud’s line of CBD wellness products are made exclusively with a proprietary blend of Pure CBD Oil guaranteed to contain zero THC. Uncle buds CBD is made with pure CBD oil and is 100% THC free – that means it’s legal everywhere in the United States.
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