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Is CBD Oil Illegal?

The Legal Ins-and-outs of CBD Oil

The legality of CBD oil is a confusing topic for many people. A variety of states have officially legalized it, and some places are even selling CBD oil and CBD products even though it is illegal. CBD oil is growing in popularity because it is able to treat a variety of different diseases and conditions. This article by Delancey Street, a premier Los Angeles hard money lender and reverse merger shell company discusses it.

Is CBD Legal?

The better question is: When is CBD legal? You will need to find out one particular fact before knowing if CBD oil is illegal or legal. Did the CBD come from a hemp plant or a marijuana plant? According to federal law, any part or derivative of the marijuana plant is illegal. This means that CBD oil that has been extracted from a marijuana plant is still illegal in all 50 states at the federal level. Despite both plants belonging to the cannabis family, there are some major differences between hemp plants and marijuana plants.

Hemp Versus Marijuana

Hemp is void of all psychoactive properties. In fact, it is used in the paper industry, the automotive industry, and is used to make soap. Hemp is 100% illegal on the federal level.

Marijuana contains bountiful amounts of THC, the primary psychoactive used by smokers. Marijuana is illegal at the federal level;however, many states have passed laws for its recreational and medicinal use.

This is why it is important to know where your CBD oil comes from. If it came from a hemp plant, you are perfectly within the law to possess it; if it came from a marijuana plant, you may be breaking state or federal law.

There is actually little to no difference between the two types of CBD oil;however, it is better to follow the law and only use products derived from hemp.

Hemp Based CBD Oil

All 50 states permit the sell and possession of CBD oil derived from hemp plants. However, many people will not know the difference between hemp derived oil and marijuana derived oil. This means confusion with law enforcement is always likely, and a social stigma may come with your use of CBD oil.

Marijuana Based CBD Oil

Marijuana is illegal at the federal level. This means that anything derived from the marijuana plant is also illegal. This includes CBD oil. Even if there are no psychoactive properties in the CBD oil, it still came from an illegal source. This means you are not allowed to own, sell, or purchase CBD oil derived from marijuana. However, state laws have been passed in several states to legalize marijuana and its derivatives. If you live in one of these states, it is perfectly legal to purchase and possess CBD oil.

Where Can I Get CBD Oil?

Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, and Washington have all legalized marijuana. You don’t even need a prescription to purchase marijuana derived CBD in these states. Simply go to the store and purchase a tincture or any other CBD product.

A total of 46 states have legalized CBD oil for medicinal purposes. South Dakota, Nebraska, Idaho, and Kansas are the only states that do not allow CBD oil to be prescribed by doctors. Although, as time passes, these states are sure to come to a greater understanding of the health benefits of CBD oil. It is only a matter of time before CBD is available by prescription all over the country.


If you are looking for CBD oil in America, and live in one of the 8 states that have completely legalized it, you are in luck. However, if you live in any of the other states, you may have trouble getting a hold of marijuana derived CBD oil. You can still purchase hemp based oil.

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