Why Is CBD Legal In All 50 States?

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Dave in Phoenix, AZ asks, “why is CBD legal in all 50 states?” Ooh, pick me! I know this one. There’s actually a very simple answer to this question, and there's a more detailed answer.

The real question is if marijuana is federally illegal, why is CBD legal in all 50 states? They both come from cannabis, right? So, what’s the difference?

The simple answer:

The stuff most CBD comes from, hemp, legally is not marijuana. And biologically hemp is not really marijuana either. At least not in the sense most people think of it. Here comes the long answer.

The not-so-simple answer:

Marijuana and agricultural hemp are two very different strains of the cannabis plant.

While marijuana is, indeed, federally illegal, due to certain federal policies, the US Department of Justice is not allowed to prosecute anyone who sells or uses it in states that have sanctioned medical marijuana programs as long as they are following state regulations.

Cannabis oil made from marijuana, however, can only be sold within the state in which it is manufactured, and then only to patients who qualify for a medical marijuana card. (Unless recreational use is legal, then anyone of legal age can buy cannabis oil, but there’s no guarantee that it will be free of THC.)

CBD oil, the kind that’s sold “over the counter” (that’s in quotes because it’s not actually considered a drug), on the other hand, is extracted from hemp. Agricultural hemp doesn’t contain THC, the stuff that gets you stoned, and so hemp products, for the most part, are legal. Think of those hemp bracelets you made in school. Essential extracts (read: CBD oil) derived from hemp is merely considered a food product and is therefore just as legal as any other plant extract, such as vanilla extract or peppermint extract, for example.

For that reason, it can be sold to anyone anywhere in the country. That’s it. It’s that simple.

If you’ve got some harder questions you’d like us to answer, we’re up for the challenge. Feel free to pop on over to our contact page and blast one off. We’ll try to answer it for you.

When you’re done with that, have a look at our vast array of awesome CBD-infused products. And since it’s perfectly legal to give CBD oil away, why not stock up for Christmas while you’re here?