18 States With Specific CBD Oil Laws
Determining if CBD oil laws in your state can be very difficult. There is a lot of confusion and conjecture when it comes to this product. CBD oil is often confused with medical marijuana and this can lead to many believing it is outlawed in non-medical marijuana states.
At this time, according to legal terminology defining CBD oil as a low THC oil created from the cannabis plant is legal in 44 states. Of these 44 states, 18 states regulate the dispensing of low THC oils through medical pharmacies. No other sales are permitted. Only 6 states have laws preventing the sale of any type of CBD oil which are: Idaho, Indiana, Kansas, Nebraska, South Dakota, and West Virginia.
What About Hemp Produced CBD Oil?
CBD oil produced from hemp under the guidelines of Section 7606 of the Farm Bill is much different than CBD oil produced from medical marijuana and then diluted to bring THC levels down to meet federal guidelines. CBD oil produced from industrial hemp is virtually THC free naturally and the oil produced from these plants does not have to be diluted.
Since CBD oil produced from industrial hemp is different from oils produced from medical grade marijuana, the question on if the product is legal can become very difficult to answer. After all, hemp oil and hemp products have been available in health food stores for many years without issue. So an additional product made from this same plant in in compliance with all federal laws and regulations should also be legal, right?
The answer is still: maybe. It really depends on who you ask and how knowledgeable they are and what their position is on medical marijuana. People who are against medical marijuana are often automatically against CBD oil, even if it is derived from hemp. Their lack of knowledge on the difference makes it impossible for them to distinguish between the two.
The DEA, for instance seems to be in this category. Earlier in the year they added CBD oil to their list of controlled substances. While this move was not authorized by Congress, who is the only governing body that can change federal laws, it also did not take into account the Industrial Hemp Farm Bill legislation which allows hemp based products to be produced and used in the United States.
18 States With Specific CBD Laws (as of July 24, 2017)
Carly’s Law CB174
Alabama: Carly’s Law (SB174) passed on April 1, 2014 allows people to have an affirmative defense for possessing CBD oil if they have been diagnosed with a seizure condition such as epilepsy. Under this law, CBD oil can only be obtained by prescription and only from the University of Alabama Birmingham. Possession of CBD oil not obtained under these conditions is still considered illegal.
Rylie’s Law SB 90
Delaware: Rylie’s Law (SB 90) signed into law June 23, 2015. This law states that anyone under the age of 18 who suffers from epilepsy or involuntary muscle contractions such as dystonia, can be issued a medical registry identification card and can have marijuana oil dispensed that has no more than 7 percent THC in the oil.
Florida’s CBD oil laws – SB 20130
Florida: SB 1030 was signed into law on June 16, 2014 which allows patients who have seizure disorders, muscle contraction disorders and certain cancer patients could be given a prescription for non-smoked cannabis oil. The oil must not have more than 0.8 THC and must contain at least 10 percent cannabinoids. All cannabis oils are dispensed from Florida state authorized dispensaries.
Haleigh’s Hope Act HB 1
Georgia: Haleigh’s Hope Act (HB1) signed into law on April 16, 2015. This law allows the dispensing of cannabis oil that contains no more than 5 percent THC for the following conditions: Seizure disorders, ALS or Lou Gehrig’s Disease, sickle cell anemia, Crohn’s disease, cancer, mitochondrial disease and Parkinson’s disease.
Indiana’s CBD oil law – HB 1148
Indiana: HB1148 was signed into law on April 27, 2017 which permitted the use of cannabinoid that contained at least 5 percent CBD and had 0.3 percent or less THC for treatment-resistant epilepsy.
Iowa’s CBD oil law – SF 2360
Iowa: SF 2360 became law on May 30 2014. The law states that a person can use a cannabinoid that contains less than 3 percent THC for the treatment of epilepsy with the written recommendation of a neurologist. The CBD oil must be for oral or transdermal use and cannot be smoked. The law further states that the product must be obtained from outside of the state line.
Kentucky’s CBD law – SB 124
Kentucky: SB124 is a very unique law that went into effect on April 10, 2014. This law states that cannabinoids will not be classified as marijuana if they are transferred, dispensed or administered pursuant to a doctor or clinics order that is associated with a college that has a medical school.
Harper Grace’s Law – HB 1231
Mississippi: Harper Grace’s Law (HB1231) was made into law on April 17, 2014. This law allows the use of CBD oil if it contains more than 15 percent CBD and has less than 0.5 percent THC. The law specifies that any CBD used within the state must first be “Obtained from or tested by the National Center for Natural Products Research at the University of Mississippi and dispensed by the Department of Pharmacy Services at the University of Mississippi Medical Center.”
Missouri’s CBD oil laws – HB 2238
Missouri: HB2238 was signed into law on July 14, 2014. This law states that the use of cannabis oil that has at least 5 percent CBD and has less than 0.3 percent THC is allowed for people with intractable epilepsy. To qualify for this type of treatment under the law, the epilepsy patient must have a neurologist verify that the patient has not responded to at least three other forms of treatment for the condition.
North Carolina’s CBD oil laws – HB 1220
North Carolina: On July 3, 2014 HB 1220 was signed into law. This law allows universities to conduct clinical trials using CBD oil that contains at least 10 percent CBD and less than 0.3 percent THC for the treatment of intractable epilepsy. Private use is still prohibited.
Oklahoma’s CBD law – HB 2154
Oklahoma: HB 2154 was signed into law on April 30, 2015. This law allows the use of cannabis oil with no more than 0.3 percent THC content for the treatment of severe epilepsy.
Julian’s Law – S 1035
South Carolina: Julian’s Law S1035 allows the use of cannabinol with less than 0.9 percent THC and more than 15 percent cannabinol for the treatment of severe epilepsy. The patient must have a written recommendation from their doctor and can only obtain the CBD from the Medical University of South Carolina which is currently doing clinical studies on CBD for epilepsy treatment.
Tennessee’s CBD oil laws – SB 2531
Tennessee: SB2531 was signed into law May 16, 2014. This bill allows the use of CBD oil that contains less than 0.9 percent THC for the treatment of epilepsy as part of a clinical research study. This law only authorizes use under the condition that a doctor supervises treatment and that the doctor is associated with a college that has a school of medicine. SB280 was signed into law on May 5, 2015. This new law authorized the use of CBD oil that contains less than 0.9 percent THC if the product was obtained legally in the United States but outside of the state of Tennessee.
Texas’ CBD oil laws – SB 339
Texas: SB339 Signed into law June 1, 2015. This law allows the use of CBD oil for the treatment of intractable epilepsy if the patient has been certified by two specialists as needing this treatment. The oil cannot contain more than 0.5 percent THC and must contain over 10 percent CBD.
Charlie’s Law – HB 105
Utah: Charlee’s Law HB105 was signed into effect on March 21, 2014. The law allows people with intractable epilepsy to use cannabis oil that contains at least 15 percent CBD and less than 0.3 THC. The law has additional conditions for the obtaining of CBD oils as follows: “The extract must be obtained in a sealed container from a laboratory that is licensed in the state where it was produced, with a label stating the extract’s ingredients and origin, and transmitted by the laboratory to the Utah Department of Health. The Utah Department of Health is required to determine the details of the registration program.”
Virginia’s CBD oil laws – HB 1445
Virginia: HB 1445 was signed into law on February 26, 2015. This gave people an affirmative defense for using CBD oil for treating epilepsy. The CBD oil must contain at least 15 percent CBD and must not have more than five percent THC.
Wisconsin’s CBD law AB 726
Wisconsin; AB726 was signed into law on April 16, 2014. This law allowed the use of CBD oil for the treatment of any seizure disorder if the patient had official documentation from their physician recommending this treatment and the CBD did not produce and psychoactive effect. On April 17, 2017 SB10 was made into law. This law changed the wording of AB726. The new wording removed “seizure disorder” and changed it to “medical condition” which broadened the availability for this type of medical treatment.
Wyoming CBD law HB 32
Wyoming: HB 32 became law on July 1, 2015. This law allows the use of CBD oil for the treatment of intractable epilepsy if the oil contains at least 15 percent CBD and less than 0.3 percent THC.
Continuing Changes In CBD Laws
For those who wish to offer CBD products, it is very important that you continue to monitor the progress of laws in your area and on the federal level. As knowledge spreads about this product and how different it actually is from marijuana, more states will begin to allow people to take advantage of the many health benefits associated with CBD.
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