Is CBD Oil Legal in All 50 States?

 Cannabidiol, also known as CBD Oil, has become more and more popular. CBD oil is found in the cannabis or marijuana plant, and it’s been shown to be a natural remedy for various conditions and illnesses.  It's been shown to help with pain, inflammation, acne, and more.  It’s also been shown to improve conditions such as withdrawal from opioids, anxiety, and more. But is CBD oil legal?  It depends.

Hemp-Derived CBD vs. Cannabis-Derived CBD

Tetrahydrocannabinol, or THC, is a psychoactive found in cannabis, and it’s the chemical that makes you high.  Hemp is a variety of the cannabis plant, and hemp-derived CBD oil is legal in all 50 states.  That’s because it contains only about 0.3 percent THC.  Cannabis-derived CBD oil, on the other hand, contains about 30 percent THC. Therefore, where cannabis-derived CBD oil is legal depends on the state.

As of April 2019, cannabis and cannabis-derived CBD oil are legal in 10 states.  These states include Massachusetts, Maine, Vermont, Michigan, Nevada, Colorado, Oregon, California, Washington, and Alaska.  Cannabis and cannabis-derived CBD oil are also legal in Washington D.C. The other states allow the oil for medical use, have other restrictions or don’t allow it at all. It’s important that you check the laws of your state so that you are in legal compliance. 

For example, Idaho, one of the states where cannabis and cannabis-derived CBD oil is entirely illegal, has some of the strictest marijuana laws in the country.  If you possess under three ounces, you can receive a penalty of up to one year in jail, a fine of $1,000, or both.  For over three ounces you can receive up to five years in prison and a fine of $10,000.  Stiffer penalties exist for selling or trafficking the drug.  CBD oil is treated the same as marijuana.

What About Buying CBD Oil Online?

If you purchase CBD oil online and have it shipped to you in a state where pot is legal, such as Colorado, you’re in legal compliance.  However, if you do it in a state where marijuana is illegal, such as Idaho, you are not. 

Keep in mind that the CBD oil industry is not regulated.  That means that you could be purchasing a bottle that contains more cannabis oil than you believe, which can be a significant factor if you are caught with the oil in a state where it is not legal.

What Should I Do If I’m Arrested for Marijuana Possession?

If you are arrested for marijuana possession, it’s happening to you in a state where you have been accused of breaking the state’s cannabis laws.  To improve your chances of avoiding penalties or jail time, it’s essential for you to seek legal counsel.  If you can afford a defense attorney, that is the direction you should go.  If you cannot afford a defense attorney, you may be able to find one who will work for you pro bono.  Otherwise, the United States entitles you to the right to legal counsel either with a court-appointed attorney or by paying your legal fees depending on the case.

As you can see the question – Is CBD oil legal? – depends on the state where you reside, and it is important for you to familiarize yourself with your state’s cannabis laws.  Some people take their chances and use marijuana and cannabis-derived CBD oil, in states where it is illegal, in the hopes that they don’t getcaught.  For example, if you are in a car accident, and your car is searched, if CBD oil is found in a state where it is illegal, you can be charged with breaking cannabis laws.  Therefore, it’s up to you to decide if you want to roll the dice.