Is Hemp and CBD Legal in the US?

This topic continues to evolve and is often confusing to everyone from farmers to consumers. We are discussing the most up to date information as of early January 2020 in this post.

Is Hemp Legal?

The 2018 Farm Bill changed federal policy regarding industry hemp, including the removal of hemp from the Controlled Substances Act and the consideration of hemp as an agricultural product. The bill legalized hemp under certain restrictions and expanded the definition of industrial hemp from the last 2014 Farm Bill.

State policymakers have taken action to address various policy issues — the definition of hemp, licensure of growers, regulation and certification of seeds, state-wide commissions and legal protection of growers. At least 41 states have enacted legislation to establish industrial hemp cultivation and production programs.

Is CBD Legal?

State laws pertaining to CBD still vary. Determining where the CBD is derived from (hemp or marijuana) and if it is produced by a state-licensed grower are both important factors to this question. 

CBD derived from hemp is legal nationwide at a federal level as of 2019. This includes all hemp derived CBD products such as: CBD oil, CBD gummy, any CBD edible, or CBD ointment. Some states have laws on CBD derived from hemp that are restrictive so you will want to confirm before proceeding. CBD derived from marijuana is completely legal in some states, but in most it still depends on a number of different factors.