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Is CBD legal?

At Cornbread Hemp, we get these questions a lot: Is CBD legal? Can I get through airport security with my Cornbread Hemp products? The answer is yes, at least federally. Hemp and hemp-derived CBD products are 100% legal under federal law, including those with THC, as long as it’s below 0.3%. USPS even released it’s legal guidelines on shipping CBD and hemp products through the federal postal service, calming the fears of businesses just like us, who utilize USPS for product shipments. But still, at the time of writing this in late June 2019, state laws vary widely. And that’s causing our customers a good deal of confusion.

Slowly but surely, states are coming into line with the new federal law that has outright legalized CBD products derived from hemp, but we aren’t all the way there just yet. Here’s our Cornbread guide to state CBD laws: 

How did CBD laws change? 

Under the 2014 Farm Bill, hemp became legal under pilot programs. Four years later in the 2018 Farm Bill, those programs were made permanent and regulation of hemp was removed from the authority of the Department of Justice and placed under the authority of the Department of Agriculture. There was some confusion as to when that jurisdictional switch would take place, but in late May, the USDA issued a memo saying that those portions of the 2018 Farm Bill were self-executing, meaning it did not require further action by the executive branch to become law — WHICH MEANS that hemp is totally legal under federal law, and so is CBD (derived from hemp).

Can you get through TSA with CBD products? 

Yes! CBD doesn’t get you high, but you can take it on an airplane — thanks to a change in policy from the TSA. You can safely carry CBD products in your carry-on luggage as long as it meets TSA regulations for liquids under 3.4 ounces or 100 ml. Cornbread CBD oil comes in a one-ounce bottle, 30 ml, so it is officially TSA-compliant. Fly with your Cornbread! 

Challenges remain for CBD businesses

Despite the fact that the USDA has clarified that hemp is legal, the FDA has not yet issued its rulings on the medicinal qualities of CBD, so companies like Cornbread Hemp are still prohibited from making any medical claims about our CBD products. That’s a drag, but it’ll work itself out soon enough. CBD companies like Cornbread still have problems with banking, insurance, payment processing, Facebook, Google, and a hundred other little mundane things that should be easy but remain rocky for CBD businesses like Cornbread. 

Some state CBD laws remain crazy

The problem is: some state laws are still backward as hell. So CBD laws can vary widely depending on where you live. As of June 2019, you still need to be careful out there and know your state’s laws. After all, a grandmother got arrested for CBD at Disney World in Florida. Did that really happen? Yes, it sure did  on April 15. But lawmakers have passed a law since then so that doesn’t happen again. The problem is: this story of the grandmother getting busted at Disney keeps bouncing around the internet, and that causes confusion. So let’s go through this, state-by-state.

Is CBD legal in Florida?

Not until July 1. After July 1, CBD is legal in Florida!

Is CBD legal in Texas?

On June 11, Texas Gov. Greg Abbott signed a new law that legalized CBD products in Texas. That means: CBD is legal in Texas! But even though CBD is legal in non-marijuana states like Texas, legal marijuana states are lagging behind. That doesn’t make much sense, but that’s where we are.

Is CBD legal in California?

California is lagging behind states like Texas and Kentucky on its CBD laws. As of the end of June 2019, a bill in the California legislature to legalize CBD products has passed the Assembly, but still has a ways to go to become law. So for the time being, it appears buying CBD in California is not yet legal. 

Is CBD legal in Massachusetts?

Apparently not, given this declaration by the Massachusetts government on June 12. 

Is CBD legal in Ohio?

The Ohio government does not distinguish between CBD and marijuana. So the Board of Pharmacy has declared that CBD must be sold only in marijuana dispensaries and not in pharmacies. That declaration has chased away CBD businesses from Ohio to Kentucky. 

Is CBD legal in Georgia?

Not really. You have to register with the state of Georgia in its “Low THC Oil Registry.” That is not Cornbread approved. 

Every state’s CBD law is different.

If we didn’t cover your state here, Marie Claire published this handy state-by-state CBD law guide back in April.

Is CBD legal in Kentucky?

Damn right it is. Come get your Cornbread. 

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