cbd candy legalDecember 15, 2021
CBD gummies are legal in all states so long as they’re derived from Farm Bill-compliant hemp.
The TSA now allows passengers to bring CBD on board a plane. The rule suggests that CBD derived from hemp with a maximum THC of 0.3% is permitted. However, it is probably not a good idea to try and transport CBD gummies internationally.
The Farm Bill of 2018 legalized the growth of industrial hemp, so long as plants have a maximum THC content of 0.3% (THC is the compound in cannabis that gets you high). Contrary to popular belief, however, the Farm Bill does not explicitly legalize CBD.
Are CBD gummies legal in all 50 states? The answer is mostly yes – but there are a few caveats here and there depending on how deeply you want to dive into state and local legislation.
Marijuana-derived gummies on the other hand – i.e. gummies that you’d find in a medical or recreational dispensary – are illegal if you try and transport them from a legal to a non-legal state.
Where Are CBD Gummies Legal?
Answering the question “are CBD gummies legal” depends on what type of gummies you’re talking about. If you’re talking about hemp-derived gummies with THC levels below 0.3%, then yes – they’re legal and available in all 50 states.
Yes. In June 2019, Governor Greg Abbott signed a law that outlined the use and possession of legal CBD products in Texas. You can buy any hemp or hemp-derived products that contain less than 0.3% THC. This list includes cannabidiol products such as CBD gummies .
In other words, to summarize:
Again, CBD gummies are legal in all 50 states so long as they’re derived from hemp. There are however some interesting laws that still exist in various states, so let’s take a quick look at some of the finer points of CBD gummies legality.
According to a July 2019 letter by the state’s Department of Agriculture and Markets, CBD is illegal in New York State when added to food or drink. Does this mean CBD gummies are not available in NY? Hardly. Like other states, hemp-derived CBD gummies are everywhere in New York, and are easy to purchase either online or in stores.
CBD gummies are easily available in South Carolina. Interestingly, the state’s agriculture department has banned it as an added ingredient in human and animal food products. In reality, however, enforcement of this rule seems to be virtually non-existent.
Yes. In July 2019, Governor Mike DeWine signed Senate Bill 57. This legalized the possession, sale, and purchase of hemp and hemp-derived products. As long as your CBD gummies contain less than 0.3% THC, you should have no issues.
Therefore, you should have no issues purchasing CBD gummies in Florida. The state is also one of the few that has made an effort to regulate the hemp CBD market.
Despite what you may have heard, Virginia hemp processors are allowed to bring hemp-derived CBD products to the market. They can also produce CBD as an approved food ingredient or dietary supplement if they meet specific criteria. Processors must not label or market foods as a treatment for a medical condition. So yes, you can find CBD gummies in Virginia – though you’ll probably find far more choice shopping online.
At the time of writing, Arizona adheres to the new federal guidelines. Therefore, it is legal to buy CBD products such as gummies. You can purchase gummies online or over-the-counter at stores that sell health supplements.
Are CBD Gummies Legal for Travelers?
Yes. At the time of writing, Pennsylvania adheres to the regulations outlined in the 2018 Farm Bill. CBD-infused products such as food, capsules, vaping devices, and gummies are legal to buy.
Florida lawmakers passed SB 1020 in July 2019, which legalized hemp with a maximum of 0.3% THC. The new law also legalized hemp extracts, stating that hemp-derived cannabinoids are not controlled substances.
Still, hemp-derived CBD gummies are easily found everywhere in the USA – both online and in stores in all 50 states. The only time CBD gummies would be illegal is if you purchased marijuana-derived gummies (i.e. gummies with THC levels above 0.3%) from an adult-use dispensary in a recreationally legal state, and tried to transport them to a state where cannabis is still illegal.
Again, this depends. If they’re made from hemp, yes. If they’re made from marijuana and have THC levels above 0.3%, then no (unless of course you have a medical cannabis card and/or are buying them in a state where cannabis is legal recreationally).
What States Are CBD Gummies Legal in?
As of 2020, there are 10 States where Cannabis, including both marijuana and hemp, are completely legal for recreational and medicinal use. These states are Alaska, California, Colorado, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, and Washington. If you find yourself in one of these wonderful states, you would be completely within your legal rights to use CBD.
In 2018, President Trump passed the Agricultural Improvement Act of 2018 (also known as the 2018 Farm Bill), which removed hemp as a Schedule I substance and reclassified it as an “agricultural commodity.”
The hemp must adhere to the shared state-federal regulations.
Legality of hemp and marijuana.
While hemp-derived CBD is federally legal, as long as it adheres to the law, marijuana-derived CBD is a bit more complicated because it is derived from a plant that is illegal.
While the legal status of CBD has become more defined with recent reforms, some laws are still unclear and others may still be needed. Combined with misinformation, many may have a very skewed understanding of what’s legal versus what isn’t.
The short answer: Yes, CBD is legal, but… under very specific conditions.
What about marijuana derived CBD?
States with regulations that permit the use of marijuana-derived CBD for a broad range of conditions include Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, Vermont, Washington and West Virginia.
A common misconception about the 2018 Farm Bill is that it legalized CBD regardless of if it was derived from hemp or marijuana. This is not true.
States Where Marijuana-Derived CBD is Legal for Medicinal Use.
If, however, the CBD is derived from hemp and adheres to the following regulations set forth in the new farm bill, it is removed as a Schedule I substance and is legal:
As of 2020, there are a total of 47 states (including the 8 states mentioned above) where marijuana-derived CBD is legal for medicinal usage.
The hemp must be grown by a properly licensed grower.
As members of the same family, hemp and marijuana share many visual similarities, but at a chemical level, the two plants have vastly different amounts of Tetrahydrocannabinol (THC), the intoxicating compound found in Cannabis.
The specific regulations for such use vary from state to state with a majority of states allowing medicinal use for a broad range of conditions, while others set specific requirements for approved use (ie, the CBD must contain less than a certain percentage of THC or the patient suffers from a specific condition).
Hemp and marijuana are both terms used to describe different varieties of Cannabis and both can produce an abundance of CBD.
Continue below for a detailed list of which states allow marijuana-derived CBD for recreational use or medicinal use, and the states that strictly prohibit it.
The legality of CBD can vary from state to state and federally, but in general, one of the determining factors is whether the CBD is derived from hemp or marijuana.
Based on the guidance of the DEA, CBD is a Schedule I substance and is illegal.
While the two plants are very close relatives, they are classified very differently under the law and understanding the difference is crucial to legally use CBD.
Is hemp CBD legal?
Is CBD legal in all 50 states? It depends.
In some states, such as California and Colorado, marijuana is legal for recreational usage, and naturally so is marijuana-derived CBD. Others allow marijuana-derived CBD usage under certain conditions, such as a specific medical condition, and some states strictly prohibit it.
In addition, the 2018 Farm Bill also removed restrictions on the sale, transportation, and possession of hemp-derived CBD products and allowed for the transportation of hemp-derived CBD products across state lines as long as the products follow regulations defined above.
States Where Marijuana-Derived CBD is Legal for Recreational Use.
While hemp is characterized by producing a nearly non-existent amount of THC (less than 0.3%), marijuana can produce an abundance of THC (up to 30%). Because of its high THC-content, marijuana may induce severe mind-altering effects when consumed and is federally illegal in the United States and many other countries.
The hemp must contain less than 0.3% THC.
States with regulations that permit the use of marijuana-derived CBD under certain circumstances include Alabama, Georgia, Indiana, Iowa, Kentucky, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia, Wisconsin, and Wyoming.