Created by FindLaw's team of legal writers and editors | Last reviewed July 12, 2021
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Although cannabis and the chemical compounds derived from it have been around for centuries, they are quickly becoming more specialized, more potent, and more popular than ever. Cannabidiol (CBD), in particular, has become a key element of current health and well-being trends, but is CBD even legal?
Like most questions regarding the legality of anything relating to cannabis, the answer is both yes and no. Whether or not CBD is legal in a specific area depends on a variety of factors. Some of those factors include:
The primary federal law that allowed businesses to start marketing CBD products is the Agriculture Improvement Act of 2018. This Act legalized the farming of industrial hemp, which, as defined by the Act, contains less than 0.3% THC (THC is the chemical in cannabis that gets people high). If hemp contains more than 0.3% THC, the federal government considers it to be marijuana, which is an illegal Schedule 1 drug.
Both hemp and marijuana can contain CBD, but hemp is federally legal. A general starting point in federal CBD-legality: If CBD comes from hemp, it is legal; if CBD comes from marijuana, it is illegal. Although hemp-based CBD might be federally legal, some states still consider any cannabis product illegal.
Although most U.S. states allow for some types of cannabis use, many states have yet to alter their existing, prohibitory cannabis laws. In Texas, for example, any amount of THC is illegal, including the 0.3% found in federally legal industrial hemp. CBD is legal only if it falls under the 0.3% THC limit.
The Food and Drug Administration, which is generally tasked with regulating and monitoring CBD-related products, has outlawed any CBD products that the FDA has not officially approved, i.e., any CBD products besides Epidiolex.
Despite its regulations, the FDA oftentimes fails to review and verify/disprove the claims made by companies that sell CBD products. Because of this lack of regulation, CBD products sometimes also illegally contain THC and/or other chemicals.
Cannabis laws across the nation are changing rapidly and it can be difficult for consumers to stay up-to-date on the latest developments. If you have questions regarding your state's CBD laws, it is worth looking into them. If you are facing legal charges because of cannabis, you may want to consider seeking the assistance of an experienced legal professional.
Contact a qualified criminal lawyer to make sure your rights are protected.
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