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The Legal Requirements to be Able to use CBD in Your State
July 5, 2020

The Legal Requirements to be Able to use CBD in Your State

Though CBD has been federally legal since 2018, in some states it is still illegal to use or have in your possession.

Cannabidiol (CBD) is a nonintoxicating compound of the Cannabis plant. Possession and usage of Cannabis became federally illegal in 1937 and stayed that way till December 2018, when President Trump signed the Agricultural Improvement Act of 2018.

The Agricultural Improvement Act of 2018 is also known as the 2018 Farm Bill.

Within the 2018 Farm Bill, a section of it allowed hemp to be removed from the

The Agricultural Improvement Act included a section that removed hemp from the Controlled Substances Act.

Tetrahydrocannabinol (THC), which is another compound of the Cannabis plant, is still federally illegal.

With the 2018 Farm Bill, it is clear now where the Drug and Enforcement Agency and the federal government stands on CBD. With that said, state laws and mixed jurisdictions may take precedence over the federal law.

According to Leafly:

“Each state handles hemp and CBD differently. In Idaho, Iowa, and South Dakota, CBD is entirely illegal. In New Jersey, New Mexico, and North Dakota it’s legal without restriction. In Alaska, California, Washington, and many other states it’s legal but can’t be sold in combination with food or beverages—except in licensed cannabis stores. In Vermont it’s legal, although when CBD is added to maple syrup it’s illegal to label the product “Pure Maple Syrup.” Ahh, Vermont.”

Alaska, California, Colorado, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, Washington, and Washington D.C. are fully legal, according to World Population Review.

When it comes to the Food and Drug Administration (FDA) and county health agencies, their ruling may take precedence as well.

The FDA has approved only one CBD product, Epidiolex, which took years to go through their approval process. Epidiolex is a prescription drug product to treat two forms of epilepsy that are rare.

According to the FDA, It is illegal to add it to a food and market it as such or labeling it as a dietary supplement.

Which is exactly what Cleen Craft did, in Seattle, Washington, before being approached by the FDA.

According to The Stranger:

“Cleen Craft sells both CBD “Mocktails” like the Garden Spritz (CBD lime soda with cucumber, rosemary, and mint for $10) or The Jitterbug (CBD cola, espresso, cinnamon, clove, honey for $8) and CBD-infused cocktails, like the rum-based The Islander ($15) or Aperol and sparkling wine-based Summer Spritz ($12). The store also sells CBD sodas to go in either 4-packs ($15.95) or 32-ounce growlers ($19.99).”

Hilary Karasz, an FDA spokesperson said:

“The facility does not appear to be currently permitted with us. One of our inspectors will visit to learn more about the operation and to determine whether it is required to be permitted by Public Health.”

You can view how each state handles CBD here, but if you live in Idaho, Iowa, and South Dakota, no need to click as it is still 100 percent illegal.

Need to travel and want to take your CBD? Now you can, as TSA has changed their policies to allow you take it on a plane. There are certain requirements.

As long as the CBD contains 0.3 THC or less than, it is allowed.

CBD will not appear on marijuana drug tests, but you should check the Certification of Authentication, to verify there is no more than the legally allowed amount of THC.

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