This question gets asked a lot.  And I admit the legality of can get confusing.  But the simple answer is….the legality depends on the source of the CBD.

Both marijuana and hemp are members of the cannabis family making them similar in many ways. The government classifies hemp as any plant of the cannabis family that contains less than 0.3% THC. It classifies “marijuana” as any plant of the cannabis family that contains greater than 0.3% THC.

So, if your CBD comes from hemp, it is legal.  CBD that is made from “marijuana” with high levels of THC, is only legal if your state legalized marijuana.  If your state has not legalized marijuana make sure you ONLY purchase CBD derived from hemp.  FYI… All of the products in the Pretty Jane Box are derived from hemp and fall under the 2018 Farm Bill.

Thanks to the passing of the 2018 Farm Bill, hemp-derived CBD, is legal in all 50 states in the USA.   But the change is still new, and some states might not fully embrace CBD.  This should change going forward, however, it may take time.

HempureCD has an awesome graphic. This was created before the 2018 Farm Bill but gives you a general idea of CBD Friendliness by State.

To summarize the legality of  CBD in 2019:

  • Marijuana derived CBD is not legal federally.
  • Hemp derived CBD is legally federally.
  • The government classifies hemp as any plant of the cannabis family that contains less than 0.3% THC.
  • It classifies “marijuana” as any plant of the cannabis family that contains greater than 0.3% THC.
  • Federal law permissions for activities involving industrial hemp are clear. However, the Farm Bill, and other federal laws on industrial hemp, do not preempt state law. You need to check your specific state for any restrictions