CBD oil has become quite popular especially when it comes to medicinal purposes because of the claimed benefits it has but is CBD oil legal?

There are various US states and some countries that have already accepted such benefits for different medical conditions.

However, not all states and nations consider it legal.

There is still quite a complexity on the legality of the use of CBD oil.

Take it from my experience.

Is CBD Legal in the United States of America?

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Yes, and No! If the CBD oil is from hemp plant then it is legal without a prescription, if it’s from other cannabis plants then it is not legal. In short, CBD oil without THC is legal to use and buy.

“Is CBD oil legal?” It is probably one of the most common questions one has probably asked when thinking about CBD oil or considering using any CBD oil products.

I am not an exemption here because I have asked the same question before.

If you want to use CBD oil for medicinal purposes or recreation, you want to be sure of the legality of CBD oil in your state or country.

If you don’t know the answer to that question you have or isn’t sure of the legality of using CBD oil in your area or just want to know about the laws and regulations concerning the use of CBD oil, this article will be a great help to you.

CBD from Hemp vs. CBD from Marijuana

source: ministryofhemp.com

First, before you start researching about the legality of using CBD oil in your state or the country where you currently reside in, you have to understand both the similarities and differences between CBD oil derived from Hemp and the CBD oil extracted from marijuana.

Both hemp and marijuana are part of the cannabis family. As such, both these plants have characteristics that are quite similar to each other. However, there is a crucial difference between hemp and marijuana, and this is the amount of THC or the psychoactive Tetrahydrocannabinol present in the CBD oil derived from each plant.

Hemp contains only a small amount of THC, usually no more than 0.3 percent. On the other hand, marijuana has loads of THC amount on it, which can range from 10 percent to 30 percent.

In short, hemp has very low THC content, which means it can’t get you that psychoactive feeling of being “high.” On the other hand, the high amount of THC in marijuana can get you that psychoactive “high” effect.

Since hemp only contains small traces of THC, CBD oil derived from hemp are often legal in some state laws and is widely available in various types of industries. However, marijuana doesn’t have the same level of legality.

In short, the source of a CBD oil is crucial in determining if the product is legal in your state or country.

The legality of CBD Oil Derived From Hemp

source: healthination.com

If you are asking if CBD oil derived from hemp is legal, then you get “yes” as the answer. The keyword you have to remember is “hemp-derived” CBD oil.

Since CBD oil that was extracted from hemp contains only tiny traces of THC, it will have no psychoactive effects. Since this is the case for hemp-derived CBD oil, the sales, purchase, and possession of such products are considered to be completely legal in all of the 50 states. For reviews of hemp-derived CBD oils, check Herbonaut

However, there is still some confusion between hemp and marijuana, so much so that the stigma on the use of this product is still present and widespread.

But when you think of the legality of CBD oil, hemp-derived CBD is completely legal, and you can enjoy any product with hemp-derived CBD oil in it without any problems with the state law.

The legality of CBD Derived from Marijuana

source: healthworxcbd.com

Compared to CBD oil from hemp, marijuana-derived CBD oil doesn’t have the same luxury in terms of state laws and regulations. This kind of CBD oil is derived from marijuana, which contains high levels of THC.

Even in its isolated form, CBD oil extracted from marijuana is still considered as a THC-rich marijuana product.

As such, it is judged accordingly.

There are some states that have already legalized the use of CBD oil derived from both hemp and marijuana. However, there are still states that consider it and other products that contain marijuana-derived CBD is completely illegal.

However, in most states, the laws in regards to the use of CBD oil can be very specific.

29 States That Fully Legalize the Use of CBD Products for Medicinal Purposes

The 29 states that have already fully legalized the use of CBD oil and other CBD oil products for medical use include: Arizona, Alaska, Arkansas, Colorado, California, Connecticut, Florida, Illinois, Hawaii, Delaware, Maryland, Maine, Michigan, Massachusetts, Montana, Minnesota, New Hampshire, Nevada, New Mexico, New Jersey, North Dakota, New York, Oregon, Ohio, Rhode Island, Pennsylvania, West Virginia, Washington, and Vermont.

In addition, the territories of Puerto Rico and Guam also consider the use of CBD oil and other CBD oil products as completely legal on the medical side.

17 States That Have Specific Laws on the Use of CBD Oil for Medicinal Purposes

source: qz.com


In 2014, the “Carly’s Law” was signed by the Governor of Alabama, allowing a favorable defense against CBD possession prosecution for people who have epileptic conditions.

Since marijuana is still illegal at the federal level, physicians are also not allowed to prescribe medical marijuana. However, a prescription of CBD oil for people suffering from epilepsy can be obtained through the University of Alabama for an epileptic condition.

In 2016, the Governor signed “Leni’s Law” that would cover the use of CBD oil by people who experience seizures.


In 2016, the State approved a law that allows the use of cannabis oil for medical purposes only but with strict regulations. CBD oil, which is legal for medical use, shouldn’t contain more than 5 percent of THC and can be used just for specific conditions.

Approved conditions include ALS, sickle cell anemia, seizure disorders, cancer, multiple sclerosis, Crohn’s disease, Parkinson’s disease, and mitochondrial disease. This year, PTSD has been included in the approved conditions for CBD oil in Georgia.

However, the law doesn’t deal with the manufacture or extraction of oil, the THC content, purchase, and shipment.


The governor of Texas in 2015 signed a law that allows the use of CBD oil for treatment of people with intractable epilepsy. However, it only allows CBD oil that contains 0.5 percent of THC and can only be used for at least 10 percent of the patient’s treatment regime.

The bill also requires approval or signatures from two certified specialists before a patient is allowed to have CBD oil as part of his or her treatment. You can know more about CBD oil in Texas.

source: kut.org


In 2014, the Tennessee Governor signed a law that has allowed the use of CBD-containing cannabis oil in research and clinical studies for the treatment of people suffering from intractable seizures. However, allowed CBD oil products should only be those that contain no more than 0.9 percent of THC. The law also requires that such a process should be supervised by a practicing physician at a university that has a college or a school of medicine.

In 2015, the Governor has also signed another law that allows the use of CBD oil containing as much as 0.9 percent of THC. However, CBD oil should be obtained legally in the US, and outside of Tennessee.


In 2015, a law was passed in Oklahoma that allows the use of CBD oil that contains no more than 0.3 percent of THC for the treatment of individuals with severe epilepsy conditions.

In Oklahoma, patients are allowed to buy marijuana or CBD oil from licensed dispensaries or grow cannabis on their own. There is also a special exception for those who are under 18, which is a prescription for medical marijuana should be signed by two licensed physicians and a parent or a legal guardian.

According to greenthevoteok.com, approved conditions for CBD oil in Oklahoma will be based on the recommendation and approval of a physician.

While it is entirely open on the legality of medical marijuana, the Oklahoma Governor has just recently adopted a rule that made dispensing smokable marijuana, or those in the plant, dry leaf, and flower form, illegal. However, a few days after, a new draft was released reinstating smokable marijuana.

source: leafly.com

West Virginia

In West Virginia, it is quite hard to purchase CBD oil or marijuana legally even for medical usage. You will be subject to the approval by a commission first depending on your medical condition, chronic or debilitating illness. Other approved conditions for medical marijuana in this state may include anorexia, cachexia, wasting syndrome, seizures, severe nausea, PTSD, and refractory generalized anxiety disorder.


In 2014, the Wisconsin Governor signed a law, Lydia’s Law that allows physicians to provide a patient a letter or documentation that states that the particular individual is using CBD oil for the treatment of seizure disorders. However, CBD oil should not have any psychoactive effects.

In 2017, the same Governor amended the bill, broadening its reach by changing “seizure disorder” to “medical condition.”

South Carolina

The South Carolina Governor in 2014 signed the Julian’s Law that allows an individual to have a written certification signed by a licensed physician that states that he or she has been diagnosed with the permitted conditions for medical CBD use in the State. Such conditions include Dravet Syndrome or severe myoclonic epilepsy in infants and Lennox-Gastaut Syndrome.

Patients can legally use CBD oil for such treatments given that it contains no more than 0.9 percent of THC and at least 15 percent of CBD.

South Dakota

In 2017, the governor of the State signed a law adding CBD oil to the list of controlled Schedule IV substances. This particular law has also eliminated CBD oil from under the definition of marijuana. However, it specifies that in order to use CBD oil for medical purposes, it has to be approved by the United States FDA.


In this state, you can only purchase CBD or medical marijuana, as most people call it if you have a prescription as well as a marijuana card. In addition, you can only buy CBD products from a licensed dispensary.

Other states that have specific laws on the use and possession of CBD oil or marijuana include Indiana, Iowa, Kentucky, Mississippi, Missouri, North Carolina, and Utah.

States Where Use of CBD Oil Is Legal For Recreational Use

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Aside from medical grounds, CBD oil is also used for recreational purposes. However, you have to know the laws in various states that have already legalized the use of CBD oil and other CBD products for medical usage, which are not necessarily applicable in this case.

As of 2018, there are only eight states where, cannabis plant as a whole, which includes hemp and marijuana, is considered completely legal for both medicinal and recreational use.

These eight states are California, Alaska, Maine, Colorado, Nevada, Massachusetts, Washington, and Oregon.

So, if you are in one of these states, you don’t have to worry about breaking the law as you can legally use CBD oil for whatever purpose you want. You don’t have to have any prescription for buying CBD oil either.

States Where the Use of CBD Oil Is Illegal

Out of the total 50 states, 46 have legalized the use of CBD oil and other CBD products for medical use or for both medical and recreational use. However, there are still four states remaining that still consider CBD oil and other CBD products as completely illegal.

These four states are Kansas, South Dakota, Nebraska, and Idaho.