Do you want to start a CBD oil business but you are concerned about breaking the law? If YES, here is a list of states in USA where CBD oil is legal.
CBD, cannabidiol, is a naturally occurring chemical compound from plants in the cannabis family, including the hemp plant. CBD is just one of more than a hundred different types of cannabinoids, the molecules produced uniquely by cannabis plants.
According to the Controlled Substance Act definition, some parts of the cannabis plant are clearly illegal, while others fall into a grayer area. One of these – for the most part – is CBD extracted from the “legal” parts of the cannabis plant, and non-marijuana industrial hemp plants, which, as defined by Section 7606 of the Farm Bill are cannabis plants with less than 0.3 percent THC.
CBD in the united states is no longer seen as a Schedule I controlled substance under the Farm Act. But, under the DEA’s definition, it remains on the list. This allows for individual states to create exceptions to the status of CBD, even when cultivated from hemp plants grown legally under the act. Determining if CBD is legal in the United States is clearly a challenge.
Although it depends on the source, you could receive a loud, resounding “yes,” a more restrained shoulder shrug, or an explicit “no.” Meanwhile, when harvested in compliance with the Farm Bill and with the precedents set by Congress, CBD oil containing less than 0.3 percent and harvested from industrial hemp plants is indeed federally legal. While CBD sourced from hemp plants is legal at the federal level and mostly enforced similarly by individual states, proceeding with caution is still absolutely important.
Although 33 states in the US have legalized medical marijuana, the remaining 17 states have all passed laws allowing the use of cannabidiol (CBD) extract, usually in oil form, with minimal tetrahydrocannabinol (THC), and often for the treatment of epilepsy or seizures in seriously ill children. These states include…
List of States in USA Where CBD Oil is Legal
On Apr. 1, 2014, the state’s Governor Robert Bentley signed SB 174, known as “Carly’s Law,” which gives room for an affirmative defense against prosecution for CBD possession by people suffering from debilitating epileptic conditions.
The law states that “a prescription for the possession or use of cannabidiol (CBD) as authorized by this act shall be provided exclusively by the UAB [University of Alabama at Birmingham] Department for a debilitating epileptic condition.”
Since marijuana is illegal under federal laws, doctors are not allowed to write “prescriptions” for it. Also, on May 4, 2016, Gov. Bentley signed HB 61 into law. Known as Leni’s Law, the bill allows an affirmative defense for possession of CBD oil “for specified debilitating conditions that produce seizures.”
Georgia Governor Nathan on April 16, 2015 signed HB 1 (Haleigh’s Hope Act) into law, which allows the use of cannabis oil that contains no more than 5% THC. According to the Georgia Department of Public Health, the law did “not address how low THC oil is made, purchased or shipped.
It only established a procedure to ensure qualified persons will be protected from prosecution for having it in their possession.” On Apr. 17, 2019, Gov. Brian Kemp signed a bill that permits in-state production/sale of marijuana oil and allows growing licenses for up to six private companies, effective July 1, 2019.
The Georgia Department of Public Health issues Low THC Oil Registry Cards ($25 fee) to qualifying patients with one of 16 conditions: cancer, ALS, seizure disorders, multiple sclerosis, Crohn’s disease, mitochondrial disease, Parkinson’s disease, sickle cell disease, Tourette’s syndrome, autism spectrum disorder, when (a) patient is 18 years of age or more, epidermolysis bullosa, Alzheimer’s disease, AIDS, peripheral neuropathy, hospice program patients, intractable pain, and PTSD.
On Apr. 27, 2017, Gov. Eric Holcomb on April 27, 2017 signed HB 1148 into law, which allows the use of cannabidiol that is at least 5% CBD and contains no more than 0.3% THC for treatment-resistant epilepsy. While on Mar. 21, 2018, he also signed SB 52 into law, which allows distribution and retail of “low-THC hemp extract,” defined as a product “(1) derived from Cannabis sativa L. that meets the definition of industrial hemp; (2) that contains not more than 0.3% delta-9-THC (including precursors); and (3) that contains no other controlled substances.”
Precisely on May 30, 2014, Iowa Governor Terry Branstad signed SF 2360 into law, saying “This bill received tremendous support and truly shows the power of people talking to their legislators and to their governor about important issues to them, to their families and to their children”. Also, on May 12, 2017, Governor Branstad signed HF 524 into law.
According to the Iowa Department of Health Office of Medical Cannabidiol Website, “a person may recommend, possess, use, dispense, deliver, transport, or administer cannabidiol if the recommendation, possession, use, dispensing, delivery, transporting, or administering is in accordance with new chapter 124E of the Iowa Code.”
The Office of Medical Cannabidiol issues registration cards and the law “requires medical cannabidiol dispensaries to begin dispensing to patients in Iowa by December 1, 2018.”
Kansas Governor Jeff Colyer on May 14, 2011 signed SB 282 into law, which allows the use and sale of CBD that contains no THC. On May 20, 2019, Governor Laura Kelly signed HB 2244 (“Claire and Lola’s Law”) into law, allowing the use of CBD containing no more than 5% THC to treat debilitating medical conditions “for which the patient is under treatment by a licensed physician.”
On April 10, 2014, Governor Steve Beshear signed SB 124. The law exempts from the definition of marijuana the “substance cannabidiol, when transferred, dispensed, or administered pursuant to the written order of a physician practicing at a hospital or associated clinic affiliated with a Kentucky public university having a college or school of medicine.” Meanwhile, the law does not address how patients may obtain the CBD.
Mississippi Governor Phil Bryant on April 17, 2014 signed HB 1231, “Harper Grace’s Law,” which allows for cannabis extract, oil, or resin that contains more than 15% CBD and less than 0.5% THC. “The CBD oil must be obtained from or tested by the National Center for Natural Products Research at the University of Mississippi and dispensed by the Department of Pharmacy Services at the University of Mississippi Medical Center.”
The law also allows an affirmative defense for defendants suffering from a debilitating epileptic condition who accessed the CBD oil in accordance with the requirements set forth in the bill and is effective July 1, 2014.
On Mar. 20, 2017, Gov. Bryant approved SB 2610, which amended the state’s CBD law to “clarify use in research of seizures and other medical conditions.” The bill allows other pharmacies to dispense CBD in addition to the University of Mississippi Medical Center, with federal and state regulatory approval.
- North Carolina
Exactly on July 3, 2014, North Carolina Governor Pat McCrory signed HB 1220 into law. The bill allowed universities to conduct clinical trials using CBD oil that was less than 0.3% THC and at least 10% CBD only for the treatment of intractable epilepsy.
Then, on July 16, 2015, Gov. McCrory signed HB 766, which amended the CBD law. According to the North Carolina Department of Health and Human Services (DHHS), “hemp extract must be composed of less than nine-tenths of one percent (0.9%) tetrahydrocannabinol (THC) by weight, at least five percent (5%) cannabidiol (CBD) by weight and may contain no other psychoactive substances.”
By law, patients are allowed to use and possess CBD but it remains illegal to cultivate or produce hemp extract in the state. People in possession of the DHHS Caregiver Registration letter are allowed to carry hemp extract outside their homes.
Oklahoma Governor Mary Fallin on April 30, 2015 signed HB 2154, known as Katie’s Law, which allows the use of cannabis oil that is no more than 0.3% THC for the treatment of severe forms of epilepsy. On May 13, 2016, she also signed HB 2835 into law.
As of Nov. 1, 2016, the law includes adults and adds “spasticity due to multiple sclerosis or due to paraplegia, intractable nausea and vomiting, and appetite stimulation with chronic wasting diseases” to the list of approved conditions. On Apr. 17, 2017, Gov. Fallin signed HB 1559, amending the law (effective Nov. 1, 2017), to exclude from the definition of marijuana “any federal Food and Drug Administration-approved cannabidiol drug or substance.”
- South Carolina
Precisely on June 2, 2014, South Carolina Governor Nikki Haley signed S 1035 into law. “Julian’s Law” pertains to people who obtain a written certification signed by a physician “stating that the patient has been diagnosed with Lennox-Gastaut Syndrome, Dravet Syndrome, also known as ‘severe myoclonic epilepsy of infancy’, or any other severe form of epilepsy that is not adequately treated by traditional medical therapies and the physician’s conclusion that the patient might benefit from the medical use of cannabidiol.”
Those patients may use CBD oil that is less than 0.9% THC and more than 15% cannabidiol, which is to be provided by the Medical University of South Carolina in a study to determine the effects of CBD in controlling seizures.
- South Dakota
South Dakota Governor Dennis Daugaard on March 17, 2017 signed SB 95 into law. The law added cannabidiol to the list of Schedule IV controlled substances and excluded it from the definition of marijuana, but specified that the CBD must be a product approved by the United States Food and Drug Administration (FDA).
On May 16, 2014, Tennessee Governor Bill Haslam on May 16, 2014 signed SB 2531 into law. The bill allows the use of cannabis oil containing cannabidiol (CBD) that has less than 0.9% THC “as part of a clinical research study on the treatment of intractable seizures when supervised by a physician.”
The study is authorized for four years. Then, on May 5, 2015, he also signed SB 280 into law. The bill allows the use of CBD oil that is less than 0.9% THC and that is “obtained legally in the United States and outside of” Tennessee. The bill went into effect immediately.
The Governor of Texas, Greg Abbot, on June 1, 2015 signed SB 339, which allows the use of cannabis oil that is no more than 0.5% THC and at least 10% CBD for the treatment of intractable epilepsy. The bill requires patients to get approval from two certified specialists.
Gov. Abbott signed HB 3703 on June 14, 2019, expanding the approved conditions to include medical seizure disorders, multiple sclerosis, spasticity, terminal cancer, Alzheimer’s, Parkinson’s, Huntington’s, autism, and ALS. The law as written requires physicians to “prescribe” CBD, which would break federal law. States with legal programs allow doctors to “recommend” as opposed to prescribe.
But, the Texas Compassionate Use Program says that “prescription” is defined as “an entry in the compassionate-use registry” and three dispensing organizations were licensed by Dec. 15, 2017. “On June 10, 2019, Governor Greg Abbott signed House Bill 1325 into law, to allow for the production, manufacture, retail sale, and inspection of industrial hemp crops and products in Texas.
On Mar. 21, 2014, Utah Governor Gary Herbert signed HB 105, known as “Charlee’s Law,” allowing the use and possession of marijuana extract, under certain conditions, by people with intractable epilepsy who have a statement signed by a neurologist.
This extract must be composed of less than 0.3% tetrahydrocannabinol (THC) and at least 15% cannabidiol (CBD) by weight, and may not contain any other psychoactive substance. The law went into effect on July 1, 2014.
Also, the extract must be packaged in a sealed container from a laboratory that is licensed in the state where it was produced, with a label stating the extract’s ingredients and origin, and transmitted by the laboratory to the Utah Department of Health. The Utah Department of Health is required to determine the details of the registration program.
According to the Utah Department of Health Hemp Registry, “To legally possess hemp extract under Utah law, an individual must apply for and obtain a hemp extract registration card from the Utah Department of Health, Office of Vital Records and Statistics (OVRS)”
Note that on Feb. 26, 2015, Virginia Governor Terry McAuliffe signed HB 1445 into law. The bill stated: “In any prosecution… involving marijuana in the form of cannabidiol oil… it shall be an affirmative defense that the individual possessed such oil pursuant to a valid written certification… for treatment or to alleviate the symptoms of… intractable epilepsy.”
The oil must contain at least 15% CBD and no more than 5% THC. On Mar. 9, 2018, Gov. Ralph Northam signed HB 1251, expanding the list of conditions to “any diagnosed condition or disease determined by the practitioner to benefit from such use.” The Virginia Board of Pharmacy “is currently implementing a process for issuing pharmaceutical processor permits [for cannabidiol oil].”
Wisconsin Governor Scott Walker on April 16, 2014 signed AB 726, known as Lydia’s Law, which states that “any physician may provide an individual with a hard copy of a letter or other official documentation stating that the individual possesses cannabidiol to treat a seizure disorder if the cannabidiol is in a form without a psychoactive effect.”
A release from the Governor’s office characterizes the law as “clearing the way for a new treatment for children suffering from seizure disorders, pending FDA approval. On Apr. 17, 2017, Gov. Walker signed SB 10 into law, which replaced “seizure disorder” with “medical condition,” broadening the original bill.
According to reports, on July 1, 2015, HB 32 became law after Gov. Matt Mead neither signed the bill nor vetoed it, allowing the use of hemp extract that contains at least 15% CBD and no more than 0.3% THC for the treatment of intractable epilepsy.