Is CBD Containing Less Than .3% THC Legal in Your State?
As the Farm Bill passed in December of 2018, there are a lot of questions going around about the legality of CBD. While the Farm Bill makes it legal federally to produce hemp that (when dry) contains less than .3 percent of THC, the psychoactive ingredient found in marijuana, each state is still able to create new or enforce current laws that prohibit its use.
While less than .3% of THC is not going to cause a psychoactive effect to users, it could still show up on a drug test. There is also, currently, no real regulation for what producers put on their labels. It is very possible for companies to say their product contains or doesn't contain THC and it is going unchecked. This is what is causing issues with state regulators.
We will continue to update this list as news comes out.
Below is a current list, as of 2-18-2019, of states and what forms of CBD is illegal. Laws are continuing to be updated and discovered so please be sure to do more research on what's going on in your state.
- California: all forms of CBD are illegal
- Florida: all forms of CBD are illegal
- Idaho: all forms of CBD are illegal
- Indiana: all forms of CBD are illegal
- Iowa: all forms of CBD are illegal
- Maine: edible CBD is illegal
- Minnesota: all forms of CBD are illegal, but they don't plan on enforcing or stopping CBD sales in the state)
- Nebraska: all forms of CBD are illegal
- New York: edible CBD is illegal
- North Carolina: all forms of CBD are illegal
- Ohio: edible CBD is illegal
- South Dakota: all forms of CBD are illegal (Active store raids)
- Texas: all forms of CBD are illegal
- Wisconsin: all forms of CBD are illegal, but they aren't currently enforcing those laws and Evers is proposing law to make it legal
- Wyoming: all forms of CBD are illegal. A bill to decriminalize CBD is currently going through the House: the Hemp Opportunity Act)
Don't take this article as current law, and please research the laws in your area before purchasing CBD products.