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Note that CBD oil is different from hemp oil – which comes from pressing cannabis seeds, and may not contain CBD – and hempseed oil, which is a source of essential fatty acids and contains no CBD. It’s a nutritional supplement, more like fish oil than CBD oil.


Great Danes and chihuahuas are distant cousins, like marijuana and hemp. Pixy, CC BY

Our recent study found that Americans perceive hemp and CBD to be more like over-the-counter medication and THC to be more like a prescription drug. Still, the average person in the U.S. does not view hemp, CBD, THC or even marijuana in the same light as illicit substances like meth and cocaine – even though both are classified by the DEA as having a lower potential for abuse than marijuana.

CBD comes in food, tinctures and oils, just to name a few. Here are some commonly used terms used to describe CBD products in the store.

Pennsylvania – Legalized medical marijuana and CBD products that are approved by the FDA.

Wisconsin – The law is unclear on whether CBD products are legal or not in Wisconsin. Possession of CBD products is considered a misdemeanor and is punishable by jail sentence. However the attorney general did advise law enforcement to not enforce this law. If you plan to use CBD oil in Wisconsin, we advise getting a physician’s certificate just in case.

Legal Status of CBD in Each State – Where Is CBD Illegal?

New Mexico – Legalized medical marijuana and CBD products that are approved by the FDA.

West Virginia – Legalized medical marijuana and CBD products that are approved by the FDA.

Washington – Legalized medical marijuana and CBD products that are approved by the FDA.

When investing in a CBD product, be careful about who you trust. Try to find a reputable manufacturer that is not likely to falsify label information. Referrals from someone you know personally may make a difference in this area. Also, if you’re concerned about the legality, make sure that your CBD is third-party tested or guaranteed to contain no more than 0.3% THC.

This means that CBD is only legal if it is sourced from other areas of the plant that do not qualify as “marijuana” given its current definition by the federal government and the DEA.

Because of fear from the ruling of the DEA, many non-cannabis retail stores are not willing to stock CBD oil. There are some stores, however, that focus on CBD and hemp products. There is also the possibility of ordering CBD oil directly from websites.

Depending on the Source and THC Percentage, CBD Is Legal

Our bodies contain a system of cannabinoid receptors, known as the endocannabinoid system. While these receptors are present throughout the body, they come in different forms. THC and CBD, for instance, bind to different receptors than each other. This is how both can offer medical benefits, while only THC possesses psychoactive properties.

This makes hempseed oil legal on a federal level. There are differences, however, between hempseed oil and CBD oil. Some companies that claim to sell CBD oil are only actually selling hempseed oil.

Unfortunately, the situation is a bit confusing, and the answer is likely to be continually changing as more states consider full legalization. This guide will clarify where the law currently stands, as well as where things may be headed in the future.

There are many who rely on CBD oil for the medical benefits of cannabinoids without being able to use THC. CBD oil is beginning to make the news on a regular basis due to the changes it has made in the lives of many. For those looking to avoid the psychoactive effect of medical marijuana, CBD may serve as a more desirable alternative to THC.