The old days of blanket prohibition are over. Finally, cannabis has entered the mainstream of American life, but the map of legalized states and where CBD is prohibited is still confusing. Despite mainstream popularity, marijuana is a federally controlled substance. The United States has one foot in the old world, and one foot in the new. This article aims to clear up a little bit of the confusion surrounding marijuana, hemp, and CBD policy in 2019.
2018 Was a Banner Year
The year 2018 was a watershed one in cannabis-related policy in the United States. There were two main reasons for this. First, the passage of the Farm Bill relegated industrial hemp to essentially the same status as wheat or oranges. Plants with less than 0.3% THC can now be grown as part of state-approved projects. What’s more, low-THC CBD products derived from these plants would seem to get a pass from the Feds.
And yet, there’s still confusion. CBD policy is primarily left to the states, and they are still free to ban it altogether. Though CBD popularity is on the rise, some states still have no explicit protection for CBD products. The Farm Bill gives a vague nod to them, but that’s all.
The crazy patchwork quilt of state laws can ensnare industrial hemp, too. For instance, a recent seizure by the Idaho State Police of 7000 hemp plants is an example. Big Sky Scientific is suing for the return of the plants, seized by police as marijuana. Idaho remains a strict prohibition state.
The other trend in 2018 emerged in the mid-term elections. Marijuana legalization was approved in new states, and others appeared on the edge of legalization. Pro-legalization Governors and legislatures look set to make the map more cannabis-friendly.
The Legal Landscape Now
Below are lists of states allowing recreational and medical marijuana use, and CBD use only. The states where CBD is prohibited, and marijuana is not legal is also listed. One thing has not changed: marijuana and CBD remain Federal controlled substances, and there are no signs that will change this year. As the Federal Government regulates the international borders, that means traveling with cannabis is still a bad idea. Even countries with legal marijuana, like Canada, prohibit its importation.
See below the list of legalized states with a CBD policy, recreational marijuana, and medical marijuana laws, despite their federal controlled substance status.
States Where Marijuana and CBD are Legal for Medical and Recreational Use:
District of Columbia
States Where Marijuana and CBD are Legal for Medical Use Only
States Where Only CBD is Legal for Medical Use:
States Where Marijuana and CBD is Prohibited for Any Reason:
States to Watch in 2019, Where Legislative Progress May Be Coming:
Change is happening so quickly that any maps put up today may be obsolete tomorrow. But, for a great resource that’s current, check out the legalization map at https://thecannabisindustry.org/ncia-news-resources/state-by-state-policies/.