Are CBD Gummies Legal in the US?

May 16 , 2021

Are CBD Gummies Legal in the US?

The legality of medical hemp products in the US is a tricky topic. First off, you have to consider the fact that you have different federal and state laws.

While a certain substance will be legal on the federal level, you might still be persecuted by the state authorities. Lack of regulation within the marijuana and hemp field makes things that much trickier.

CBD gummies are treated as any other medical hemp product. In states where other CBD products are legal, the gummies will be legal as well. The only thing you need to consider is the amount of THC.

If a product has more than 0.3% THC content, it will instantly be placed in the marijuana category, which may change the applying laws. Luckily for our customers, Hemp Shop Express sells the highest quality substances that are within legal limits.

So, are CBD gummies legal in the US? What is the difference between the states? Read this article to find out!

Is CBD legal?

There a lot of gray areas when it comes to cannabis products. While these items may be legal in some parts of the US, there is strict control in place. Even so, the market is saturated with all sorts of stuff. Some of the most common issues have to do with labeling, ingredients, and marketing practices.

What makes it harder is the fact that every state can enact its laws. Sometimes, these laws can be convoluted and would legalize CBD in certain situations while criminalizing it in others. This makes it really troublesome for new consumers who are not properly aqua-tinted with the state of affairs. 

The DEA or the Drug Enforcement Administration is in charge of all cannabis products. Cannabidiol is classified as a Schedule 1 drug placing it in the same category with some other substances that are not used for medical purposes and are likely to be abused. But, as you will see, this presents another issue.

According to the Farm Bill from 2018, CBD is legal for use as long as it has less than 0.3% THC content. The hemp plant should always have less than this quantity, and unless you somehow added THC to your hemp extract, you shouldn't have more than this amount.

But, whenever you use marijuana for a CBD product, it is categorized as an illicit substance on the Federal level. However, marijuana-based items can be legal on the state level, depending on the state.

Although most medical hemp products are categorized as wellness substances, there is one exception. The only hemp-based drug approved by the Food and Drug Administration is Epidiolex.

This drug is meant to treat certain types of epilepsy in children. Its inclusion on the Schedule 5 list (drugs that are not addictive and less likely to be abused) is a great sign for hemp growers and the whole industry.

The legality of gummies and edibles

Based on the Farm Bill, all cannabinoids that we get from hemp are regarded as legal chemicals as long as they're extracted according to specific guidelines. Furthermore, you need to be a licensed grower and to adhere to state and federal regulations when making these items.

Having that in mind, CBD gummies should also be legal as long as they're produced according to the rules and regulations. They will also be federally legal to consume.

Keep in mind that a manufacturer needs all the paperwork so that the substance is legal. It also needs to go through proper channels. In other words, if you wish to sell or market CBD gummies, they need to go through the process of FDA approval before you can present them on your website.

If this wasn’t hard enough, a manufacturer has to coordinate the efforts based on the state laws. So, even if you do everything properly according to the Federal regulation, you might have to go through additional hoops to roll out CBD gummies on your local market.

CBD gummy laws based on the state

These are the states where every type of cannabis product is legal:

  • Alaska
  • Colorado
  • California
  • Maine
  • Michigan
  • Massachusetts
  • Vermont
  • Washington
  • Washington DC.
  • Oregon

These are the states where only hemp-derived CBD products are legal:

  • Arkansas
  • Connecticut
  • Arizona
  • Florida
  • Delaware
  • Illinois
  • Hawaii
  • Maryland
  • Missouri
  • Minnesota
  • Louisiana
  • Montana
  • New York
  • New Jersey
  • New Mexico
  • New Hampshire
  • Ohio
  • Oklahoma
  • North Dakota
  • Rhode Island
  • Pennsylvania
  • Utah
  • West Virginia

These are the states where all hemp and marijuana products are illegal:

  • South Dakota
  • Nebraska
  • Idaho

These are the states with convoluted cannabis laws:

  • Alabama (Person has to be registered as an epilepsy patient and to be a part of the state-run program)
  • Georgia (You need a prescription that is approved by the local authorities)
  • Kansas (if you're not under medical supervision, the gummies can't have any THC. With supervision, THC content can go up to 5%)
  • Iowa (Doctor needs to approve it for a specific medical condition)
  • Kentucky (You need a prescription that is approved by the local authorities)
  • North Carolina (Patients can use hemp-derived CBD products, but not edibles and gummies)
  • South Carolina (It can only be used by epilepsy patients. There are some rules regarding CBD and THC content, as well)
  • Mississippi (You need a prescription that is approved by the local authorities)
  • Oklahoma (A product should have up to 0.3% THC, but you might use gummies with high THC quantity with an appropriate prescription)
  • Tennessee (A product should have up to 0.9%. You need a document confirming that CBD oil was bought out of the state)
  • Wisconsin (Extremely convoluted laws that may vary based on situation)
  • Virginia (Extremely convoluted laws that may vary based on situation)

No matter what you do, we suggest that you get acquainted with the local laws before buying CBD gummies. While you can easily find top-quality CBD gummies online, that doesn’t mean you will be able to use them.

Perhaps the best course of action is to consult a medical practitioner beforehand. In many of these states, you need a valid prescription to use cannabidiol, so you wouldn’t waste your time by visiting a doctor.