Is CBD Legal?

Legality of CBD Derived From Hemp

This can be a bit confusing. By law, CBD is legal if it is derived from the hemp plant.  According to federal law, hemp is defined as a cannabis plant that contains less than .3% Delta -9 THC. Delta-9 THC is the molecule that is responsible for the intoxicating effects of cannabis. On the contrary, CBD derived from cannabis, with high levels of THC, is illegal according to federal law and in many states.  Medical and adult use marijuana programs are set up in states allowing for high THC cannabis.

There are Two Types of Legal CBD

Medical Marijuana

If the plant in question contains more than .3% THC then it is cannabis and is only available in a State that allows for its sale and possession. Florida allows for cannabis to be purchased and possessed for medical purposes. There are strains of cannabis that are high in CBD. The medical uses of these strains are vast and useful. If you qualify for medical marijuana in Florida and are able to legally purchase cannabis for medical purposes, then these high CBD cannabis strains will be very useful for their medical purposes.

Phytocannabinoid Rich (PCR) Hemp

This is the most readily available way to purchase CBD. PCR Hemp is legally available for sale and possession in all 50 states. As long as the plant contains less than .3% THC it is legal.  However, it looks and smells just like cannabis.  The two are almost indistinguishable to the naked eye.  The only way to tell is to have the products cannabinoid ratios tested.

Legalization of Hemp

On February 7th, 2014 the federal government took the first step to making Hemp an agricultural commodity for the US. President Obama signed the Farm Bill into law, which made hemp legal in the US. In the Farm Bill’s Section 7606 of the act titled, “Legitimacy of Industrial Hemp Research”, defines hemp as a cannabis plant that contains less than .3% Delta-9 THC.

The bill was passed again in 2018, and this time it removed CBD from the hemp plant off the controlled substance list.  This removed any “gray area” from the legality of CBD derived from hemp. 

The only issue with hemp is where it is grown. For it to be grown legally it must be grown in a state that has legalized the growing of hemp.  These are called hemp pilot programs! Florida has recently passed a hemp pilot program and will be implementing it soon.

However, CBD that has been sourced from a state that has a pilot program is legal for sale and possession in Florida.


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