When CBD is hemp-derived, CBD hemp oil is legal in all 50 US states. This is because hemp-derived products are low in THC (less than 0.2%).
So, whichever country or state you’re in, it’s important to know the answers to the following:
Is CBD oil legal in some states?
Marijuana-derived CBD and its legal status in the US causes confusion when answering the question ‘is CBD illegal?’ This is because each state has different laws regarding cannabis. The laws vary from state to state, with 17 out of 50 states having specific legislation around the THC-levels found in CBD products.
CBD hemp oil contains no more than 0.2% THC, so it can’t get you high. Hemp is not considered a controlled substance and can be used in natural beauty and skincare items, clothing and even cooking ingredients.
Most states require you to have a medical prescription issued by a certified medical doctor to obtain cannabis-derived CBD. It is therefore important to be aware which states class this form of CBD as ‘legal’.
As discussed above (see Question #2), the 2018 Farm Bill removed hemp from the CSA. This change may streamline the process for researchers to study cannabis and its derivatives, including CBD, that fall under the definition of hemp, which could speed the development of new drugs.
 Silva, et al. Prenatal tetrahydrocannabinol (THC) alters cognitive function and amphetamine response from weaning to adulthood in the rat. Neurotoxicol and Teratol 2012; 34(1): 63-71.
Information from adverse event reports regarding cannabis use is extremely limited; the FDA primarily receives adverse event reports for approved products. General information on the potential adverse effects of using cannabis and its constituents can come from clinical trials that have been published, as well as from spontaneously reported adverse events sent to the FDA. Additional information about the safety and effectiveness of cannabis and its constituents is needed. Clinical trials of cannabis conducted under an IND application could collect this important information as a part of the drug development process.
Questions and Answers
1. What are cannabis and marijuana?
Regarding imports, if it appears that an article is adulterated, misbranded, in violation of section 505 of the FD&C Act, or prohibited from introduction or delivery for introduction into interstate commerce under section 301(ll) of the FD&C Act, such article will be refused admission (see section 801(a)(3) of the FD&C Act [21 U.S.C. § 381(a)(3)]).
18. How can patients gain access to cannabis or cannabis-derived products for medical use through expanded access?
A. Cannabis is a plant of the Cannabaceae family and contains more than eighty biologically active chemical compounds. The most commonly known compounds are delta-9-tetrahydrocannabinol (THC) and cannabidiol (CBD). Parts of the Cannabis sativa plant have been controlled under the Controlled Substances Act (CSA) since 1970 under the drug class “Marihuana” (commonly referred to as “marijuana”) [21 U.S.C. 802(16)]. “Marihuana” is listed in Schedule I of the CSA due to its high potential for abuse, which is attributable in large part to the psychoactive effects of THC, and the absence of a currently accepted medical use of the plant in the United States.