Is CBD Oil Legal?

Is CBD Oil Legal?

is cbd oil legal natures script banner

The current and short answer to whether CBD Oil is legal in all 50 states is, yes – federally. The government says products made from Hemp – including those containing CBD – are legal to sell in interstate commerce throughout the United States.

However, each state views the legality of CBD Oil differently. The legality surrounding CBD Oil in most states relies heavily on how the CBD is sourced and grown, and the levels of THC in the plant.

It can be a complicated issue, with good reason.

As of January 2020, the CBD industry remains unregulated by the U.S Food and Drug Administration (FDA). With minimal guidelines in place for products like CBD Oil, it’s not unusual for anyone interested in trying CBD Oil to wonder whether it’s legal in their state or community.

Once the 2018 Farm Bill was signed into law, all CBD derived from the stalks and aerial parts of Hemp became federally legal in all 50 states – so long as it contained less than 0.3% delta-9 THC by dry weight.

With the signing of the 2018 Farm Bill, the FDA gained complete authority over Hemp-derived products, including foods, dietary supplements, cosmetics and human and veterinary drugs. The FDA is at the forefront of ensuring American consumers have access to safe and properly labeled Hemp products. Due to the rapid flood of CBD on the market, it has been nearly impossible for the FDA to monitor every place that sells CBD – from big companies to mom-and-pop shops. Without definitive policies in place at the federal level, most of the work falls on state governments to determine how to regulate hemp-derived products. 

For more information regarding if CBD Oil is legal, continue to read below:

2018 Farm Bill: Distinction Between Industrial Hemp and Marijuana

Before the 2018 Farm Bill passed, Hemp and marijuana were classified – together – as Schedule I Drugs under the 1970 Controlled Substances Act (CSA). Although both Hemp and marijuana plants are types of Cannabis Sativa, their chemical compositions, appearance and function are characteristically different. The main differentiator between the two plants is their amount of delta-9 tetrahydrocannabinol (delta-9 THC) – the chemical cannabinoid compound responsible for causing a “high,” or psychoactive effect.

Let’s take a closer look at the differences between Industrial Hemp and marijuana.

Industrial Hemp

Industrial Hemp contains low levels of delta-9 THC –less than 0.3%. It’s worth noting that using a CBD product with this amount of THC will not cause the psychoactive effects associated with marijuana. Instead, Hemp contains high levels of the cannabinoid CBD (Cannabidiol). Hemp-derived CBD has become a highly sought-after compound. Hemp is very versatile and can be used to make food, clothing, textiles and other lifestyle products.


Marijuana contains more than 0.3% delta-9 THC. Ingesting or smoking marijuana will cause psychoactive effects. Marijuana is solely used for medicinal or recreational purposes.

Is CBD Oil Legal in All 50 States?

How CBD is sourced and grown – and its level of delta-9 THC – is one of the primary parameters that contribute to the question of whether CBD Oil is legal in a specific state. For all 50 states, for CBD to be legal it must follow these three standards:

(1) Must be sourced from Industrial Hemp
(2) Farmers of Hemp must be licensed growers and comply with federally run programs
(3) Must contain no more than 0.3% delta-9 THC

While those are the three basic regulations for federally legal CBD-derived products, states can – and do – implement their own laws. The requirements for packaging, labeling and testing can vary by state as well. State laws put a lot of pressure on the consumer to understand their state’s legislation and know whether they’re purchasing from a reputable CBD company.

Nevertheless, your state has the final say in whether CBD Oil is legal.

*CBD products sourced and produced from marijuana are still federally illegal throughout most of the U.S.*

FDA Clampdown on CBD Products

On Nov. 25, 2019, the FDA issued warning letters to 15 companies for illegally selling Cannabidiol products that violated the Federal Food, Drug, and Cosmetic Act (FD&C Act). Most of these companies received letters for marketing their CBD products with unproven medical claims and producing products using unsafe manufacturing practices. Global Widget – the leading supplier and manufacturer of Nature’s Script’s Hemp – did not receive an FDA Warning Letter. Claims made regarding CBD products included words like treat, cure and prevention for diseases and conditions such as Alzheimer’s, cancer, Parkinson’s and multiple sclerosis. Marketing a wellness product with unproven claims can negatively impact a user’s health and hinder them from seeking proper medical treatment.

Is Nature’s Script CBD Oil Legal?

When shopping for legal CBD Oil, Nature’s Script has your back. At Nature’s Script, we ensure that our CBD Oil is legal through-out our entire production processes. We obtain our raw CBD from high-quality Industrial Hemp grown by federally licensed American farmers. Our CBD Oil does not contain more than 0.3% delta-9 THC – the federal legal limit.

All of our raw CBD comes with a full-panel Certificate of Analysis (COA). COAs ensure our CBD is free of any pathogens, mycotoxins, metals, and residual solvents. When you decide to pick up a Nature’s Script product, we don’t want you to hesitate and question, “Is this CBD Oil legal?” We manufacture our CBD Oil in-house using current Good Manufacturing Practices (cGMPs) that align with similar FDA-approved industry standards. We also do not market our products with unsupported claims.

To verify the legality of our CBD, we carry out extensive lab-testing operations. Our lab-testing procedures include in-process lab testing, final product checks and ISO-certified confirmatory third-party lab testing. Throughout our formulation process, we test individual samples to make sure our quality is consistent. Our final goods check allows us to have the ultimate say on whether a product meets our standards. Once our batch of CBD products has been approved, we publish the lab results online for you to view.

At the end of the day, we want you to have a reliable and legal CBD Oil that you can trust. Since our inception, we have set out to help you live a more positive lifestyle with premium Hemp-derived CBD Oil. Our CBD Oil is available in six delicious flavors and five potency levels ranging from 300 milligrams to 5000 milligrams. Start your happier tomorrow, today with the help of Nature’s Script quality CBD Oil.