Recreational and medical use states: 10
Alaska, California, Colorado, Maine, Michigan, Massachusetts, Nevada, Oregon, Vermont, Washington
Medical use states 23
Arizona, Arkansas, Connecticut, Delaware, Florida, Hawaii,
Illinois, Maryland, Michigan, Minnesota, Missouri, Montana, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, Utah, West Virginia
There are currently ten states where cannabis is entirely legal for medicinal and recreational use. If you live in one of these ten states, you can use CBD that comes from hemp or marijuana.
As of 2019, there are only three states with restrictions on all cannabis and cannabis-derived products. These are Idaho, Nebraska, and South Dakota. Even though hemp is likely to become more accessible in these territories soon, if you are in one of these states, it is crucial that you know how hemp-derived CBD extracts are treated.
Even though CBD is legal at a federal level, state laws related to CBD vary significantly.
IDAHO GreenTree Products can be shipped to Idaho as our products contain zero THC and is extracted from the industrial hemp plant.
With regard to CBD products in general, a 2015 Idaho Attorney General's opinion states:
Idaho Code §§ 37-2705(a) and (d)(19) and (27) define as schedule I controlled substances any "material, compound, mixture or preparation which contains any quantity'' of either marihuana" ((d)(19)) or "Tetrahydrocannabinols" (i.e., THC) ((d)(27)). Therefore, in order for an oil extracted from the cannabis plant to not be a controlled substance, two conditions must be met. First, the oil extract cannot contain "any quantity" of THC -- not just less than .3%. Second, the oil extract cannot be deemed "marijuana" under Idaho Code§ 37-2701(t)…
In sum, unless an oil extract contains no THC and is excluded from the definition of "marijuana" under Idaho Code § 37-2701 (t) …, such oil is a controlled substance in Idaho.
2015 Idaho Att’y Gen. Ann. Rpt. 132-133 (www.ag.idaho.gov/content/uploads/2017/12/2015.pdf).
With regard to potentially THC-free CBD products, the 2015 Opinion states:
Assuming cannabidiol does not contain any THC (which is more than the undersigned knows), in order to not be deemed "marijuana" under Idaho Code§ 37-2701(t), it must be derived or produced from (a) mature stalks of the plant, (b) fiber produced from the stalks, (c) oil or cake made from the seeds or the achene of such plant, (d) any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, or (e) the sterilized seed of such plant which is incapable of germination.
2015 Idaho Att’y Gen. Ann. Rpt. 133 (www.ag.idaho.gov/content/uploads/2017/12/2015.pdf).
Even though most Nebraskans support medical cannabis, initiatives to legalize CBD in Nebraska have so far been unsuccessful.
In 2015, Legislative Bill 390 established a pilot study program in the state through the University of Nebraska and Nebraska Medical Center. Currently, only patients with intractable seizures may obtain CBD through this program. Possession by a person not participating in this study is likely to be treated as the possession of an illegal controlled substance.
As of 2018, CBD products that are approved by the FDA have been removed from the state’s definition of marijuana. The FDA recently approved Epidiolex, an oromucosal spray produced by GW Pharmaceuticals, for use in the treatment of intractable epilepsies in the United States. As an FDA-approved substance with CBD as its only component, Epidiolex is currently the only CBD product legally available in Nebraska.
With the passage of Senate Bill 95 in 2017, South Dakota accomplished three things. First, section one altered the definition of “marihuana” to exclude cannabidiol. This means that the penalties for possession of marijuana do not apply for possession of CBD. Secondly, section two of the bill formally recognizes CBD as a schedule 4 controlled substance in that state. Thirdly, as an implication of these two sections, CBD products are only protected if they are both approved by the FDA (a controlled substance must be FDA-approved in order to be available for human consumption) and thus prescribed by a physician (human consumption of a controlled substance can only occur pursuant to a valid prescription).
The FDA recently approved Epidiolex, an oromucosal spray produced by GW Pharmaceuticals, for use in the treatment of intractable epilepsies in the United States. As an FDA-approved substance with CBD as its only component, Epidiolex is currently the only CBD product legally available in the State of South Dakota.
The 2018 Farm Bill
The Agricultural Act of 2014, more commonly known as the 2014 Farm Bill, opened up new doors for the hemp industry.
Following the success of various pilot programs made possible by the 2014 Farm Bill, hemp is now widely accepted by the public and most lawmakers. In 2018, the US Senate introduced The Hemp Farming Act in its version of The 2018 Farm Bill. The act sought to make hemp an agricultural commodity, give states the power to oversee hemp production, and take away the Drug Enforcement Administration’s (DEA) authority over hemp.
The 2018 Farm Bill was signed into law in December 2018, effectively legalizing hemp at the federal level by removing it from the federal list of controlled substances and classifying it as an agricultural commodity. As a result, CBD from hemp is legal nationwide. The Hemp Farming Act, included in the 2018 Farm Bill, is considered the most important victory in the history of the hemp industry in the United States.
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