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Are CBD gummies legal? Your guide to CBD and the Law


CBD is a chemical compound found in the cannabis sativa plant. This substance is growing in popularity by leaps and bounds and people are using it nationwide for a number of health solutions. It is available in many forms including oils and tinctures, creams and lotions, capsules and pills, a form you can vape, and in edible form.

This substance is very different from THC, the chemical compound in cannabis sativa that gets people high and that is still illegal in many states. Therefore, you may be wondering if CBD is legal. Are CBD gummies legal? Are topicals legal? Read on to learn more.


Many states have legalized cannabis sativa for medical and recreational use and today more people are using it than ever. More than half of American adults have tried it at least once. Nearly 55 million – or 22% of American adults – use it currently, which is defined as at least once or twice a year.

When we think of cannabis sativa, we think of the plant that gets users high. It does indeed have that function; it does so thanks to THC, another chemical compound created by the plant.

CBD is different, however, and has no psychoactive properties. Instead, this substance works to help people with relief from medical and mental health issues like pain, anxiety and depression, cancer-related symptoms and more.

Today, it is possible to separate THC from CBD and to create products that offer the results of one or the other independently. This allows users to enjoy the many benefits of CBD without getting high at all.

CBD Gummies

CBD gummies are a wonderful and easy way to consume CBD. Most contain between 5mg and 30mg of CBD and the amount is clearly noted on the packaging. They taste great and are easy to swallow.

The CBD found within these products is extracted from the cannabis sativa plant. Some of it is taken from the same type of plants that can get users high, but in other cases, it is taken from hemp plants that have no psychoactive properties. Both of these plants can provide CBD benefits to users.

Industrial hemp plants are very similar to the “marijuana” plants with which we are more familiar, but they contain no THC or that have less than .3% CBD content.

Are CBD Gummies Legal?

The legality of CBD is somewhat confusing. With CBD popping up everywhere, many people wonder, “Is CBD legal in all 50 states?” The answer to that is more complicated than you might think.

On a nationwide basis, the Drug Enforcement Administration (DEA) oversees the legal status of substances like cannabis sativa. Despite the fact that many states have now legalized the sale and possession of cannabis sativa within their borders, it is still illegal on the federal level. Both THC and CBD are listed as Schedule 1 drugs, which means they have no accepted medical use and present a high potential for misuse.

However, in June of 2018, the Food and Drug Administration (FDA) approved a CBD-based drug called Epidiolex for the treatment of certain types of epilepsy. In direct contrast and contradiction to the DEA’s classification, this landed CBD in a Schedule 5 placement, which means it has a very low potential for addiction and abuse.

Also in 2018, the Agriculture Improvement Act of 2018 included CBD in its directives. This act is renewed every five years and is the recognized and adhered-to legal framework for agriculture and food policy in the United States. It states that farmers can grow industrial hemp legally, and any CBD derived from that hemp is also legal, as long as it goes through the FDA drug approval test.

Is CBD Legal in All 50 States?

However, even with that said, there are some states that regulate possession and use of CBD gummies from industrial hemp even despite their legal status under federal law. Idaho and Nebraska do not allow CBD use, sale, or possession of any kind in their state. In South Dakota, the status is unclear. All other states allow it – as long as it is derived from industrial hemp.

In states where cannabis sativa containing THC is legal for medical and recreational purposes – and even in some where it isn’t – even CBD sourced from plants that contain THC is often legal as well. Only Kansas, Idaho, Indiana, Kentucky, Mississippi, North Carolina, South Carolina, South Dakota, Tennessee, and Texas don’t even allow its use for medical purposes.

Many more do not allow CBD sourced from plants containing THC for recreational purposes. The states listed above do not, nor does Wyoming, Wisconsin, West Virginia, Virginia, Utah, Rhode Island, Pennsylvania, Oklahoma, Ohio, North Dakota, New York, New Mexico, New Jersey, New Hampshire, Montana, Missouri, Minnesota, Maryland, Louisiana, Iowa, Indiana, Hawaii, Georgia, Florida, Delaware, Connecticut, Arkansas, Arizona, and Alabama.

This is not surprising. However, remember, in all states other than Idaho, Nebraska, and South Dakota, it is legal to purchase, possess, and enjoy CBD as long as it was derived from an industrial hemp plant.

How to Find Legal CBD Gummies

So, if you were wondering “Are CBD gummies legal?” now you have your answer. They are legal almost everywhere, but that legality depends on a number of things. If you are looking to buy CBD gummies and want to make sure they are legal, make sure the gummies you purchase are extracted from hemp plants harvested in the United States.

Further, look for the COA (Certificate of Analysis) on the package. It shows that the product has been tested and the number on the COA must match the number on the product’s package. The testing methods are regulated by the Association of Official Agricultural Chemists, the American Herbal Pharmacopeia, or the United States Pharmacopeia so it’s important that it was tested by one of these groups. The COA also must confirm the amount of CBD listed on the package.

Try CBD Gummies

Now that you know the answer to “Are CBD gummies legal?” you should give them a try. As long as you don’t live in Idaho, Nebraska, or South Dakota, they are available to you. Gummies are an easy way to consume CBD and to enjoy its many benefits.

If you are interested in reading more articles like this, check out our Health section, under our Social Life tab.

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