Our News and Industry Opinions

Are there ANY States Still Against CBD?

Written by Asia Mayfield

It’s a great time to be a CBD fan.

Hemp-derived CBD is legal in every state. Infused products are sold everywhere, from gas stations to dispensaries.

However, there are a few restrictions. In Idaho, CBD products can’t contain any THC. A 0% THC concentration is mandatory. By contrast, 2018’s Farm Bill legalized hemp that contains less than 0.3% THC.

According to the Idaho Office of Drug Policy: “CBD must both contain zero THC and be derived from one of the five identified parts of the cannabis plant, otherwise, it is illegal in Idaho under current law.”

Nebraska tried to outlaw CBD. In 2018, after the Farm Bill’s passage, State Attorney General Doug Peterson issued a memorandum classifying CBD as a controlled substance, writing: “Cannabidiol has been and continues to be included in Nebraska’s Uniform Controlled Substances Act’s legal definition of ‘marijuana.’”

However, in 2019, the state enacted the Nebraska Hemp Farm Act. This brought the state’s CBD regulations in line with federal rules.

Now, there are almost no restrictions on hemp-derived CBD in the country. A few states have rules regarding testing and proper labeling but don’t restrict sales that align with their guidelines.

For instance, California Governor Gavin Newsom recently signed Assembly Bill 45 into law. The new rules will force hemp growers to comply with rules already in place for cannabis farm owners.

California’s new measures are intended to protect the consumer. When CBD is completely unregulated, misleading products often end up on the shelves.

“This unregulated industry with a high public demand and no requirements or oversight for quality, is at the edge of legality and is ample ground for nefarious activity,” explained Michelle Peace, associate professor in the department of forensic sciences. Peace spoke at a Food and Drug Administration panel on CBD.

While hemp-derived CBD has achieved universal acceptance, regulators are less kindly disposed toward cannabis-derived CBD. This compound is only legal in states with medical or recreational cannabis programs.


Image source: Flickr

About the author

Asia Mayfield

Asia Mayfield is a freelance writer who focuses on the cannabis industry. She can be reached at a.mayfield18@gmail.com