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Is CBD Legal?: The Legal Aspect of CBD and Marijuana

Is CBD legal

The legal status of CBD has been confusing. While CBD from hemp is not psychoactive, a lot of people often confuse it with marijuana. There have also been conflicting laws federally and state-wise. CBD comes in multiple forms including CBD edibles, CBD cream, vape oils, and topicals among others. But is CBD legal in all the 50 states? And why is the CBD market booming?

CBD and Marijuana: Things You Must Know

Although they come from the cannabis plant, there is a difference between marijuana and CBD. Hemp derived-CBD products contain less than 0.3% THC. On the other hand, CBD derived from marijuana may contain up to 30% THC. Although CBD and THC have the same molecular structure, the latter is psychoactive. Meanwhile, CBD is non-psychoactive.

The Legal Aspect of CBD and Marijuana

The difference between Marijuana and CBD plays a significant role in their legal aspects. CBD is legal federally but under specific conditions. With the recent reforms and the passing of the 2018 Farm Bill, you can now buy CBD products without a prescription. However, the CBD product needs to have less than 0.3% THC.

CBD for medical use normally comes from the hemp plant. Although both hemp and marijuana are from the same family, they have different THC content. CBD cream, CBD edibles, and CBD vape products, etc. created for medical use don’t have psychoactive properties.

Marijuana has a higher level of THC. It can reach up to 30% depending on the species. Its ability to induce mind-altering effects means that it’s illegal federally in the US as well as many other countries. However, different states have different CBD and marijuana laws. Its, therefore, important to familiarize yourself with state-specific laws.

States Where Cannabidiol is Legal

Until now, there are up to 33 states that have legalized the use of medical marijuana. The 17 remaining states have passed laws that allow the use of CBD extract for the treatment of epilepsy. But this number will definitely increase in the future as medical marijuana laws continue to change.  States where CBD is legal are:

  • Alabama
  • Georgia
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Mississippi
  • North Carolina
  • Oklahoma
  • South Carolina
  • South Dakota
  • Texas
  • Tennessee
  • Utah
  • Virginia
  • Wisconsin
  • Wyoming

The 2018 Farm Bill

The 2018 Farm Bill has been crucial in providing the public with information regarding the use of CBD. Generally, it offers stability, support, and certainty that have in turn enhance farm support programs. The bill was enacted on December 20, 2018, and it’s based on several crucial programs.

With the passing of this Bill, hemp has become legal in all the 50 states in the US. As a result, farmers can cultivate hemp without restrictions. Hemp-derived products can be explicitly transferred across different states lines for commercial or other purposes. Generally, the 2018 Farm Bill puts no restrictions on the transportation, possession, or sale of hemp-derived products.

Why CBD Market Is Booming?

CBD oil provides many health benefits and that’s the main reason why the CBD market is booming . You can use it to treat physical complications. Alternatively, it’s a great remedy for mental health issues that are usually difficult to manage. Possible benefits of CBD include:

Treating Anxiety

You can use CBD gummies and CBD vape oil products to treat anxiety. According to researchers, CBD can change the way the brain receptors respond to serotonin. Serotonin is a chemical that has a direct link to mental health. It should be noted that brain receptors are tiny proteins that attach to the cells that receive chemical signals. They generally help the cells to respond to different stimuli.

There is a study that found a 600 mg dose of CBD can help people with social anxiety. As a result, they were able to give speeches in public with confidence. Early research studies in animals indicate that CBD helps to relieve anxiety by:

  • Reducing stress.
  • In cases of insomnia, it can help to induce sleep.
  • Improving the symptoms of PTSD
  • Reducing the psychological effects of anxiety such as sweating and increased heart rate

Neuroprotective Benefits

CBD oil has neuroprotective properties. As a result, it can help to manage symptoms of neurodegenerative disorders. These diseases normally cause brain damage and the nerves end up deteriorating over time. By interacting with the CB1 receptors, CBD can help treat:

  • Parkinson’s disease
  • Alzheimer’s disease
  • Multiple sclerosis
  • Stroke

Note: This extract can also reduce inflammation that sometimes makes neurodegenerative symptoms worse.

Pain Relief

This has been one of the most important benefits of CBD oil. The best full-spectrum CBD oils can help to significantly reduce the symptoms of pain. By interacting with the brain receptors, research shows that CBD is an effective remedy for chronic pain. There are also several studies that highlight its benefits in relieving the after-effects of chemotherapy. Re-clinical studies done by the National Institutes of Health show that CBD can treat painful conditions like:

  • Spinal cord injuries
  • Multiple sclerosis pain
  • Arthritis
  • Chronic pain
  • Muscle pain

Note: there are various CBD-based drugs that are approved for medical use. For instance, the UK and Canada have approved the use of Sativex to treat multiple sclerosis. The drug contains a combination of THC and CBD. The anti-inflammatory effects of CBD are said to be the contributing factor in treating multiple sclerosis. However, there is still a need for several clinical trials. This is what will help to establish the effectiveness of CBD in pain management.

Anti-Seizure Benefits

One of the pain factors that led to the passing of the 2018 Farm Bill is the anti-seizure benefits of CBD. CBD has been the news constantly due to its effectiveness in managing the symptoms of anxiety. Several tests by researchers show that it can help to reduce seizures in epilepsy. In addition to that, it can reduce the frequency and severity of epilepsy.

A study done in 2016 shows that giving patients oral doses of CBD oil. For instance, giving them 2-5 mg of CBD per day was more effective than their anti-epilepsy medications. After the completion of this, the participants had an almost 37% reduction in monthly seizures.

Note: before using CBD to treat epilepsy, make sure that you first consult with your doctor. This is because CBD oil can also cause adverse side effects.

Cancer Treatment

The anti-tumor property of CBD makes it effective in treating cancer. This means that it can help to stop the spread of cancer tumors in the body. According to the national cancer institute, CBD can help to alleviate cancer treatment. Its anti-emetic property makes it an effective alternative in managing the after-effects of chemotherapy. It significantly reduces the symptoms of nausea and vomiting.

Note: the National Cancer Institute doesn’t fully endorse the use of CBD for cancer treatment. Its benefits are based on preliminary research.

Acne Treatment

Acne is one of the most common skin issues that affect millions of people worldwide. Although its effects are visible physically, it can also cause a severe emotional problem. There are people who can’t stand social settings because of acne scarring. But while there are several clinical drugs for acne, it’s not easy to manage it. Besides that, there is no specific cure to it.

People are now turning to CBD products for acne treatment. The extract has anti-acne benefits. CBD normally interacts with the receptors in the immune system. It helps to reduce inflammation in the body. This is a vital aspect in the management of acne.

A human study published in the Journal of Clinical Investigation found that the oil helped to regulate activity in the sebaceous gland. These glands normally produce sebum- a natural oily substance that hydrates the skin. If the sebum is too much, it can, however, lead to acne.

Note: while CBD’s anti-acne properties make it an effective remedy for acne management, you need to exercise caution. This is because it might enhance the severity of acne, especially if you have a sensitive type of skin. So, make sure that you first discuss it with your dermatologist.


The CBD market is booming as more people turn to it. CBD has become a great source of alternative treatment. The organic, affordable, and effective remedy can manage symptoms of various medical complications. CBD is legal federally. This means that you don’t need a prescription to use. However, each state has different laws and, therefore, you need to be familiar with state-specific laws. In addition to that, CBD can sometimes interact with certain drugs or cause allergic reactions. So, exercise caution while using it.

Allison Antonio
the authorAllison Antonio
Falls down a lot. Organizer. Social media practitioner. Lifelong alcoholaholic. Avid introvert.
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