Are CBD Gummies Legal? The Answer Is NOT Straightforward

Are CBD gummies legal in all 50 states? If you think the answer is ‘yes,’ you are in for a shock! While the Farm Bill 2018 seemed to legitimize cannabidiol, not every state is keen to comply. In a handful of states, there is a suggestion that its legislature makes CBD illegal. In others, the compound is supposed to be banned, but no one bothers enforcing it.

One of the great myths surrounding cannabidiol is that it’s 100% legal in every U.S. state. We wish it were possible to say that CBD gummies are legal all over America. In reality, there are various state and even local laws that make everything needlessly complicated.

We recently learned that CBD cannabis gummies are probably not legal in California. Yes, you can buy recreational marijuana, but a non-intoxicating piece of candy is another story! The law in the Golden State isn’t clear, but it seems that CBD derived from weed is okay, but it is not the case when taken from hemp!

In contrast, the Farm Bill 2018 makes provisions for the legality of CBD when derived from hemp, not cannabis. Are you confused yet? If not, we’ve got a whole lot of weird and not so wonderful things to tell you!

By now, most people know that CBD exists in a legal gray area in many parts of the United States. The federal government gives the cannabinoid the ‘okay’ if it contains 0.3% THC or less, and comes from industrial hemp. In reality, very few law enforcement officials try to make arrests for CBD use. Those who get in trouble tend to see their charges dropped.

Even so, residents of states such as Nebraska, South Dakota, and Idaho have to double-check CBD regulations to see what is going on. While quite a few of our readers are aware of these issues, we are inundated with questions about CBD in other states. In this guide, we will give you quick answers to CBD legality in eight selected states.

What States Are CBD Gummies Legal In?

Are CBD Gummies Legal in Texas?

Yes. In June 2019, Governor Greg Abbott signed a law that outlined the legal CBD products in Texas. You can buy any hemp or hemp-derived products that contain less than 0.3% THC. This list includes cannabidiol products such as CBD gummies.

Are CBD Gummies Legal in Pennsylvania?

Yes. At the time of writing, Pennsylvania adheres to the regulations outlined in the 2018 Farm Bill. CBD-infused products such as food, capsules, vaping devices, and gummies are legal to buy.

Are CBD Gummies Legal in Florida?

The answer is less clear. Most people accept that the state follows federal guidelines on this issue. Nikki Fried, the Agriculture Commissioner, is trying to push through legislation to make Florida state law consistent with that of federal law. Others claim that hemp is illegal in Florida until the state legislature changes. Police have made a handful of arrests of CBD retailers.

Are CBD Gummies Legal in Arizona?

At the time of writing, Arizona adheres to the new federal guidelines. Therefore, it is legal to buy CBD products such as gummies. You can purchase it online or over-the-counter at stores that sell health supplements.

Are CBD Gummies Legal in Ohio?

Yes, but only recently. In July 2019, Governor Mike DeWine signed Senate Bill 57 (SB 57). It legalized the possession, sale, and purchase of hemp and hemp products. As long as your CBD gummies contain less than 0.3% THC, you should have no issues.

Are CBD Gummies Legal in South Carolina?

The cannabinoid, CBD, is legal in South Carolina. However, the state’s department of agriculture banned it as an added ingredient in human and animal food products. However, manufacturers can add full-spectrum hemp extract or hemp oil from genetically bred hemp to food products. The catch is that they can’t say there is CBD on the labels. In essence, you can probably get CBD gummies as long as the packaging doesn’t mention the cannabidiol!

Are CBD Gummies Legal in New York (NY)?

According to a July 2019 letter by the state’s Department of Agriculture and Markets, CBD is illegal in New York State when added to food or drink. Even so, there are thousands of stores across NY state that sell CBD-infused muffins, coffee, and gummies. State regulators have not contacted these businesses yet, let alone asked them to shut down.

Are CBD Gummies Legal in Virginia?

Despite what you may have heard, Virginia hemp processors are allowed to bring hemp-derived CBD products to the market. They can also produce CBD as an approved food ingredient or dietary supplement if they meet specific criteria. Processors must not label or market foods as a treatment for a medical condition.

CBD from marijuana is legal on a limited basis. The state passed a law in 2017 that allowed medical patients access to CBD or THC-A oil. In 2018, HB 1251 expanded this law with further changes made in 2019. At the time of writing, all formulations of processed cannabis plant extract are legal. Whole plant marijuana extracts are illegal. All products must have at least 15% THC-A or CBD, and a maximum of 5% THC.

Conclusion on CBD Gummies Legality

The answer to the ‘are CBD gummies legal” question is not a simple one. For the most part, you can buy CBD, but there are restrictions in a handful of states. Even so, most CBD sellers attempt to ship to every state.

Are CBD Gummies Legal? FAQ


Are CBD Gummies Legal for Travelers?

The TSA now allows passengers to bring CBD on board a plane. However, it is not a good idea to try and bring it across international lines in general. If you are driving across state lines, it is unlikely that a police officer will arrest you for possession of CBD gummies. Alas, this is not 100% guaranteed in a handful of states.

If you go abroad, be wary of nations such as Singapore and Thailand as they have stricter laws.

Where Are CBD Gummies Legal?

CBD gummies are legal in a majority of states. Even in places such as New York, where they are technically against the law, enforcement of the rules is non-existent.

Are CBD Gummies Legal in all 50 States?

The answer is ‘probably not.’ While federal law seems to allow CBD products with caveats, not every state complies. In Nebraska, for example, its attorney general claimed that the cannabinoid is illegal. Despite a few high-profile arrests, however, few states seem interested in wasting time and resources catching CBD ‘criminals.’

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