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Is CBD Legal in the United States?

Posted by Jim Higdon on Jun 23rd 2019

Is CBD Legal in the United States?

CBD is arguably the most popular health supplement in the United States right now, but is it even 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, state laws can vary. 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 legalized CBD products, even CBD pet products. But it can be tricky out there. Here’s our Cornbread Hemp guide to 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 (as long as it’s derived from hemp).

Can You Fly With CBD Oil?

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, (or 30 ml), so it is officially TSA-compliant.

If you’re ever flying with CBD flower or anything with a strong terpene profile, make sure to seal it tight so that it doesn’t stink up the entire plane!

Challenges Remain for CBD Businesses

Despite the fact that the USDA clarified that hemp is legal, the FDA has not issued regulations on CBD. So companies like Cornbread Hemp are still prohibited from making claims about CBD products.

And while the lack of FDA regulations creates confusion at the top, criminals take advantage of the situation by making knock-off fake CBD oil! That’s right, many CBD products, especially on Amazon, that are actually made with hempseed oil instead of CBD oil.

Some States CBD Laws Are 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. Florida lawmakers passed a law so that this doesn’t happen again. But the problem is: this story of the grandmother getting busted at Disney keeps bouncing around the internet.

That can cause confusion. So let’s go through this and look state-by-state:

Is CBD Legal in Ohio?

After much back and forth between the Ohio Board of Pharmacy and local governments, CBD oil is finally legal in Ohio.

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 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! We have updated our information on Texas with its own blog post: Is CBD 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.

Conclusion: CBD Legality is Confusing

This sort of confusion only reinforces the importance of the USDA organic seal on CBD products. Without the organic seal, there’s just no certainty what’s in the product.

To get the USDA organic seal on CBD products, a company must go through a rigorous set of audits, paperwork, and inspections. It’s not an easy process.

But the end result is a CBD product that can prove it has never been contaminated by pesticides, heavy metals, microbials, or residual solvents when we verify our manufacturing process with a third party lab test.