Myth #9: CBD Is Illegal in the United States

Quick Fact

Is CBD legal in the US? Yes — with an important distinction. Hemp-derived CBD containing less than 0.3% THC is federally legal under the 2018 Farm Bill. It can be bought, sold, and shipped across state lines. Marijuana-derived CBD remains federally controlled, though many states have their own laws permitting it.

The Full Story

The legal status of cannabidiol (CBD) changed significantly with the Agricultural Improvement Act of 2018, commonly called the Farm Bill. This legislation removed hemp — defined as cannabis containing less than 0.3% tetrahydrocannabinol (THC) by dry weight — from the federal list of controlled substances.

As a result, hemp-derived CBD products are legal at the federal level. They can be manufactured, sold, and purchased across the country without violating federal law. This is why you can find them in pharmacies, grocery stores, and online retailers nationwide.

Is CBD Legal in All 50 States?

The FDA has not approved CBD as a food additive or dietary supplement, which creates a gray area on the manufacturing and retail side. Companies cannot legally make specific health claims about their products, and some states have imposed their own additional restrictions on how CBD can be sold.

For consumers, the practical impact is minimal. If you are buying hemp-derived CBD from a reputable retailer in the US, you are not breaking any federal law. Individual states may have their own rules, so it is always worth a quick check if you are in a state with stricter cannabis laws.

Marijuana-derived CBD remains a federal Schedule I controlled substance, though it is legal for medical or recreational use in states that have passed their own cannabis laws. The DEA’s drug scheduling information provides context on how federal law categorizes these substances.

If you are buying hemp-derived CBD from a reputable retailer in the US, you are on solid legal ground. For more on related legal questions, see our Legality & Regulation myths.