Is CBD oil legal in the US? – An easy explanation to a complicated question

Federal-state-marijuana-lawsI want to start this article stating that I am not a lawyer and will never claim to be. I have done lots of research on this complicated topic and want to share my acquired knowledge in a simple way to understand. My goal is to decomplicate a very complicated topic. Those of you that have been looking into using CBD oil for various conditions such as anxiety, depression, pain relief or all the other wonderful uses for this amazing oil have run into the same question……. Is CBD oil legal in the US? I know I sure did! 

I live in Colorado where marijuana is legal and so is everything else associated with it. If you live in one of the states that marijuana is legal recreational and medically I have a very simple answer for you, Yes CBD oil is legal. For those of you that live in the other 39 states keep reading to find out if you can use this amazing oil legally.


Comprehensive list of states and their legal marijuana status 

You might be wondering which states have legal recreational marijuana and which states have only legal medical marijuana so here is a comprehensive list that is current as of this writing: US-States

Marijuana is recreationally and medically legal: 11 states

  • Alaska
  • California
  • Colorado
  • Maine
  • Massachusetts
  • Michigan
  • Nevada
  • Oregon
  • Vermont
  • Washington
  • Washington, D.C.

Marijuana is Medically legal: 37 states

  • Alabama (CBD only)
  • Arizona
  • Connecticut
  • Delaware
  • Florida
  • Georgia (CBD only)
  • Hawaii
  • Idaho (CBD only)
  • Illinois
  • Indiana (CBD only)
  • Iowa (CBD only)
  • Kansas (CBD only)
  • Kentucky (CBD only)
  • Louisiana
  • Maryland
  • Minnesota
  • Mississippi (CBD only)
  • Missouri
  • Montana
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • North Carolina (CBD only)
  • North Dakota
  • Ohio
  • Oklahoma (CBD only)
  • Pennsylvania
  • Rhode Island
  • South Carolina (CBD only)
  • Tennessee (CBD only)
  • Texas (CBD only)
  • Utah
  • Virginia (CBD only)
  • West Virginia
  • Wisconsin (CBD only)
  • Wyoming (CBD only)

Marijuana or Hemp is not legal in any form: 2 states

  • Nebraska
  • South Dakota (CBD is a class IV controlled substance still)


Hemp CBD oil vs Marijuana CBD oil


Here is where the main legal differentiation is made. Hemp CBD oil is defined as a cultivar of Cannabis legal difference with low concentrations of THC. In the US this means the concentration of delta-9 Tetrahydrocannabinol (THC) must not exceed 0.3%. Marijuana derived CBD oil is still considered a schedule 1 drug by the federal government and can only be obtained in the 11 states that have legal recreational and medical marijuana or in the 37 states that have legalized medical marijuana. In those states that it is only medically legal, you must have you medical marijuana card to obtain it legally. 

Hemp derived CBD oil is made from the whole hemp plant which is different from the marijuana plant. Both plants are from the same family but with different properties. The hemp plant has naturally higher levels of CBD and lower levels of THC. The marijuana plant has naturally higher levels of THC. That’s a really basic way to differentiate the 2 plants, like I promised, if you are curious about all the scientific differences, a quick google search will give you tons of info 🙂




The 2018 Farm bill and why we love it!

The Hemp


 Farming Act of 2018, S. 2667 (2018 Hemp Bill) became law on December 20, 2018 finally, formally and definitively removing hemp from the list of controlled substances. The 2018 Hemp Bill redefines hemp as all parts of the Cannabis Sativa plant that do not exceed 0.3% delta-9 THC by dry weight, including “derivatives,” “extracts” and “cannabinoids.” Importantly, the 2018 Hemp Bill explicitly removes popular hemp products, including hemp-derived CBD, from the purview of the CSA (Controlled substances act) The hemp bill allows for the legal farming of industrial hemp in all 50 states, (each state can decide if they want to take part in this) which was previously a grey area.

This was a huge win for industrial hemp growers, hemp CBD oil producers and consumers! This is only for hemp, not marijuana I don’t want you to have any confusion on that 🙂 Hemp CBD oil has so many amazing benefits that now everyone can take advantage of. This basically made hemp CBD oil legal in the US. You no longer need to live in a fantastic state like Colorado to take advantage of this great stuff, not that I am biased or anything….;)



Travel and CBD oil

A big question most people have when they are traveling and taking hemp CBD oil is can I get through TSA with it? The Travel-Pic-CBDsimple answer is as long as it has 0.3% THC or less you can. I have flown all across the country and internationally with my CDB oil and have never had a problem. The only catch is if you are going to Nebraska or South Dakota I would not recommend bringing it with you since it is not legal there. 

When traveling internationally it is fine to leave the country with it since it is legal here but make sure you check with the country you are traveling to, to make sure it is allowed there. Most countries are fine with it as long as it has 0.3% THC or less but don’t assume all of them are. I wish I could list all the countries and their regulations but there are other sites dedicated to that 🙂


The Takeaway

The bottom line is that Hemp CBD oil that has 0.3% THC or less is legal in 48 states (Nebraska and South Dakota are the 2 it’s not). Thank you farm bill of 2018!  When you get down to it, it is not as complicated as it seems, right? I tried to keep this as simple as possible while covering all the bases. I hope this article has helped with your CBD oil Quest. If you have questions or comments please leave them below. Have an amazing day!


Matt’s Top 5 CBD Oil Providers:  

I have personally used all of the products that I recommend. Each one is of the highest quality. I would never recommend anything that was not extremely high quality. The following list is just a quick overview of the products. Please click on the links for the full review to read more about each product. 

#1 CBD Essence

Matt’s overall score: 9.33/10 

Read The Full Review Here



#2 HempWorx

Matt’s overall score:  9.14/10 

Read The Full Review Here




Matt’s overall score:  9.07/10 

Read The Full Review Here



#4 Green Roads

Matt’s overall score:  9.04/10

Read The Full Review Here



#5 CBDPure

Matt’s overall score:  8.96/10

Read The Full Review Here

Onward and Upward


Please follow and like us: