sagnika sinha, 12 hours ago
The distinction between federal and state laws in America sometimes makes it tricky to know what is legal and what isn’t. For instance, cannabis is a federally illegal substance.
However, over two-thirds of states have implemented a medical marijuana program. Technically, as federal law supersedes state law, the U.S. government could start arresting people for using cannabis in states like California, where it is legal for recreational use.
At least with marijuana, there is a reasonable understanding of the rules. It isn’t anywhere near as clear-cut with cannabidiol. It is a non-intoxicating compound found in cannabis and hemp.
Yet, it isn’t straightforward to learn whether you can buy CBD gummies for sale online or in a physical store.
The Myth of Full CBD Legality
A concerning number of websites continue to propagate the myth that CBD is legal in all 50 states. Trying to determine whether CBD is legal in Southern states is hard against this backdrop of misinformation.
This confusion is down to the passing of the 2018 Farm Bill into law. It legalized industrial hemp cultivation as long as it has a maximum THC content of 0.3%.
What the Farm Bill didn’t do was legalize CBD or any other cannabinoid, for that matter. At present, Epidiolex is the only FDA-approved drug containing CBD. Everything else is, technically, illegal.
Each state must decide if it wants legal CBD. For the most part, cannabidiol is widely tolerated in virtually every state. However, there are a handful of holdouts.
Historically, Southern states have been opposed to cannabis and hemp, but this is slowly changing. The state of Mississippi voted to legalize medicinal marijuana in November 2020.
It became the second of the traditional Deep South states to legalize the substance after Louisiana in 2015. Several other Southern states also have MMJ programs.
Does This Mean CBD is Legal in the Southern States Now?
It all depends on the state! CBD laws are often complex. There are obscure county laws that technically make the cannabinoid illegal in some locations, even in states where adult-use cannabis is permitted.
Whether in the South or elsewhere, very few states have developed a set of laws that specifically outline the legality of CBD.
Some Southern states have cannabis laws that allow low-THC oil for patients who have a doctor’s recommendation. These include:
- Georgia, which allows CBD oil with less than 5% THC to eligible patients.
- South Carolina, which permits cannabis oil with less than 0.9% THC to patients with doctor approval.
- Tennessee, which has the same 0.9% THC limit as South Carolina.
- Texas, which only allows CBD oil with a maximum of 0.5% THC and a minimum of 10% CBD.
Remember, the above is only applicable for people who can demonstrate that they require CBD or cannabis oil for a medical condition. Things are decidedly less clear for everyone else.
Do Any States Ban CBD Oil Outright?
CBD is possibly illegal in a few states. If you’re thinking about buying CBD oil, it is crucial to ensure it comes from hemp and contains less than 0.3% THC. You’re far less likely to get into any trouble under such circumstances.
Buying CBD derived from cannabis is potentially a recipe for disaster, depending on where you live. States such as Texas, Tennessee, South Carolina, North Carolina, Mississippi, and Kentucky don’t permit it.
Although this could change in Mississippi, it is worth noting that the state hasn’t implemented its MMJ program yet. It may NOT alter the state’s stance toward CBD extracted from cannabis for non-medical marijuana patients.
Regarding CBD taken from hemp, the vast majority of states have no obvious opposition. There are certain restrictions to be wary of, though. For instance, CBD tea is illegal in Kentucky.
In North Carolina and South Carolina, you shouldn’t use CBD foods or beverages. It is a similar story in Georgia.
However, it is mainly non-Southern States that have the greatest opposition towards CBD extracted from hemp. Iowa, Idaho, and Nebraska are among the only states where there appears to be little tolerance for CBD oil of any kind.
That being said, reports of arrests for CBD oil possession, sale, or use are rare. The story of a grandmother being arrested for CBD possession in Florida sparked outrage, for example.
Final Thoughts on Whether CBD is Legal in the Southern States
It is hard to provide a definitive answer due to the mishmash of laws. CBD is becoming increasingly popular, and various studies suggest it has an excellent safety profile. If you live in the South, you can likely use CBD oil extracted from hemp at the very least.
Make sure it contains no more than 0.3% THC. Also, we recommend doing a little research to see what your state has to say about the compound.