Due to the 2018 Farm Bill, if CBD is derived from industrial hemp, it is then considered legal to sell and purchase. If it comes from marijuana and contains more than 0.3% THC, it is then federally illegal.
However, individual states are considering legalizing or have legalized cannabis on a state level.
As hemp and marijuana are essentially the same plants, just with different levels of THC, CBD has existed in a bit of a legal gray area.
If the CBD is derived from industrial hemp, meaning the plant contains less than 0.3 percent THC, then that CBD product is legal to sell and purchase.
However, if the CBD in the product comes from marijuana, thus containing more 0.3 percent THC, then that product remains illegal at the federal level. That said, individual states are continuing to consider legalizing cannabis on the state level, with some having done so already. To circle back, though, even if cannabis is legal in your state, it remains illegal at the federal level.
So, if you purchase marijuana in a state where it’s legal, you should not bring it with you to an airport or transport across state lines. Put in simpler terms, CBD is legal across the board when derived from hemp. Some states have made THC legal for either casual or medicinal purposes, but THC remains illegal at the federal level.
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