While it’s true that CBD is legal in all 50 states, there are situations when it isn’t legal. The difference between legal and illegal typically depends on several important factors determined by the state in question. There is, however, one very important factor that is a crucial determinant across all states, and that is whether the CBD is derived from hemp, or marijuana.
Now, marijuana and hemp are both members of the cannabis family, so they do share a lot of characteristics. There is, however, a crucial difference between the two–the amount of psychoactive Tetrahydrocannabinol (THC) each plant produces.
While marijuana can contain up to 30% of THC, hemp contains no more than 0.3% of THC. In other words, marijuana can get you really high, while hemp has such a low amount of THC, that it would be impossible to get high off it.
In many states, “CBD-only” products have less than 0.3 percent or 0.5 percent THC CBD oil is legal. However, any product that contains THC, even in small amounts, is considered marijuana under federal law and is illegal.
The DEA’s stance, all along, has been that cannabinoids are marijuana and thus are a Schedule I substance and illegal in all circumstances. So, for now, CBD products are illegal substances and DEA will continue to treat them as such, but CBD from hemp is legal in all 50 states if THC is below .3% of THC.