Questions about the legality of CBD oil or CBD hemp oil continues to be a common concern of many individuals who have an interest in the product. While both hemp and marijuana are varieties of cannabis, marijuana is categorized by the federal government as a Schedule 1 drug that has no medicinal value, while industrial hemp was removed from the controlled substances list in 2015, with a requirement that any part of the plant, whether growing or not, contains no more than 0.3 percent delta-nine tetrahydrocannabinol (THC). Furthermore, there is some ambiguity with what the federal law states and what the Drug Enforcement Administration (DEA) maintains. As such, it is your responsibility to know the laws that govern your state regarding CBD.
States that have Passed Medical CBD Laws, and DC
Governor Bentley signed Carly’s Law in April of 2014, which grants the University of Alabama at Birmingham (UAB) the exclusive right to conduct research into cannabidiol’s efficacy in treating debilitating epileptic conditions in qualified children and adults. It allows UAB physicians/neurologists the power to prescribe the oil to approved patients free of cost.
In June of 2014 Florida’s governor created a CBD law, which established specified dispensing organizations to grow, test and dispense the CBD oil; it permits the use of CBD oil that is ten percent or more of CBD and no more than eight-tenths of one percent of THC, for the treatment of seizure conditions, cancer, muscle spasms, Parkinson's, Alzheimer's, and PTSD.
Mississippi’s CBD law was established in April of 2014, and permit the use of CBD that contains more than 15 percent CBD and no more that 0.5 percent to treat intractable epilepsy. CBD oil has to 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.
In 2014, Missouri passed its CBD-only legislation, which grants access to CBD that contains at least 5% CBD and no more than 0.3% THC. Only qualified patients with a seizure disorders are allowed to purchase CBD hemp extracts from two state-regulated “Cannabidiol oil care centers.”
On June 27, 2014 the state legislature passed CBD-oil billswhich called for a trial study of CBD containing less than nine-tenths of one percent THC and at least five percent CBD in the treatment of seizure disorders by the state's top four universities - UNC, Duke, Wake Forest and East Carolina. CBD oil would be made available to qualified patients by the neurologists involved in the studies.
Governor Mary Fallon signed CBD legislation in April of 2015, which allows for strict controlled medical studies regarding CBD oil and pediatric epilepsy. CBD oil can contain no more than three-tenths of one percent THC and may only be derived from only be extracted from the seeds or mature stalks of the marijuana plant.
In May of 2014, CBD oil legislation passed in the state with Governor Nikki Haley’s signature. The law established clinical trials of CBD as it relates to conditions such as Dravet Syndrome, Lennox-Gastaut Syndrome, and Refractory epilepsy. CBD oil is required to exceed 15 percent CBD, while its THC content should be no more than nine-tenths of one percent. Source
Governor Bill Haslam signed a CBD bill in May of 2014 that directs Tennessee Tech University to create a research program to study the efficacy of CBD oil in the prevention of intractable seizures. The CBD oil must contain no more than nine-tenths of one percent or less THC.
In June of 2015, Governor Greg Abbott signed CBD law allowing qualified patients suffering from intractable epilepsy to have access to CBD oil having no more than 0.5 percent THC and not less than 10 percent CBD.
In March of 2014, a CBD-only law was enacted in the state for the treatment of epilepsy. CBD hemp oils are required to have less than 0.3% THC and as of 2016, at least 5% CBD (down from 15%).
The states CBD law allows for the treatment of intractable epilepsy with CBD containing at least 15 percent cannabidiol but no more than 5 percent THC. While possession of such oils is still illegal in the state, individuals are protected from prosecution.
In April 16, 2014, CBD possession became legal in the state with a doctor’s certification, however, there is no provision for CBD to be produced or transported into the state.
The states 2015 CBD hemp extract legislation allows for the possession and use of CBD for the treatment of intractable CBD without criminal penalties. CBD hemp extracts need to have less than 0.3% THC and at least 5 percent CBD.
Idaho’s 2015 executive order issued by Governor Butch Otter allows the possession of up to 32 fluid ounces of liquid CBD oil with a maximum of 15 percent CBD and .03 percent THC to administer to children suffering from intractable epilepsy. It protects against prosecution while medical marijuana remains illegal.
In 2014, Governor Andrew Cuomo joined forces with GW Pharmaceuticals to investigate the efficacy of CBD in helping children with seizure disorders using the CBD product Epidiolex. New York has since expanded its medical marijuana laws.
The safest way to go about buying CBD oil is to perhaps stick to oil that is derived from the hemp plant, which is not classified a controlled substance. If in total doubt, look up what the law in your state is regarding hemp and its derivatives. The DEA appears to maintain that all cannabis plants and derivatives are controlled substance making it all illegal. Several states have enacted strict CBD-only laws that largely do not provide the ability to distribute the oil freely. For now, it seems that these states are free from federal interference, which adds to the ambiguity.