Where are THC and CBD legal in 2022? A State by State Guide

Disclaimer: The following is not legal advice. You should always seek the counsel of your attorney for all legal matters as laws and regulations change constantly.

CBD and THC are getting a lot of attention lately as more and more people are using them for various purposes. Both substances have been touted as treatments for pain, nausea, inflammation, anxiety, insomnia, and more.

But what about their legal status? Before trying out this latest health trend, it’s important to be clear about the laws in your state. 

In this article, we'll be covering where THC and CBD are legal in the United States as of 2022. Plus, we've put together a state-by-state guide so you can quickly reference what the laws are where you live.

What are THC and CBD?

CBD and THC are both compounds found in cannabis plants. CBD is short for cannabidiol, and THC stands for tetrahydrocannabinol.

CBD is used as a prescription oil to treat seizures caused by certain types of epilepsy. It's also being studied as a treatment for other issues like anxiety, pain, and insomnia.

It is a non-psychoactive compound meaning that it doesn't produce a high when taken.

THC, also known as marijuana, is the main psychoactive compound in cannabis. It’s what makes people feel “high.”

THC is used for medical purposes to treat pain and nausea. It is also used recreationally.

Are THC and CBD Legal?

The question of whether CBD and THC are legal is pretty complicated because the law differs between the state level and the federal level. And at the state level, it varies from state to state. 

Within the state and federal guidelines, there are also lots of restrictions and guidelines that limit how you can use both substances. So, it really depends on where you are and what you’re trying to do with CBD or THC.

Is THC legal at the federal level?

At the federal level, THC is considered illegal. The Controlled Substances Act of 1970 categorizes it as a Schedule I drug, which is defined as having a high potential for abuse and no accepted medical use.

However, because many states have passed laws that allow the use of THC for medical and recreational purposes, the DOJ isn't wasting its time chasing down every single person using THC.

Instead, they're focusing their efforts on:

• preventing distribution to minors
• movement of marijuana from states where it's legal to other states
• preventing people from growing marijuana on public lands
• possession of marijuana on federal property
• other dangerous crimes or behaviors while under the influence or in relation to the sale of marijuana

So as long as you're within a state where THC is legal and you're not breaking any of the other federal guidelines, you should be in the clear.

Is CBD legal at the federal level?

The 2018 Farm Bill made CBD derived from hemp plants legal at the federal level. Hemp is a type of cannabis plant that contains less than 0.3% THC, which is the psychoactive compound that gets you high.

So as long as your CBD oil is derived from hemp and contains less than 0.3% THC, it's legal at the federal level. This has led many companies to start selling CBD oil and CBD products online and in stores.

However, because the FDA has approved CBD oil as a prescription medication called Epidiolex, it falls under the Federal Food, Drug, and Cosmetic Act and it is illegal for companies to sell "unapproved CBD products that claimed to prevent, diagnose, mitigate, treat or cure various diseases."

It's also illegal for companies to sell products that add CBD to food or that are marketed as dietary supplements. Companies need to be very careful to not make any type of health claims regarding CBD in their products.

So, although CBD is legal at the federal level, there are still some restrictions on what companies can and cannot do with it.

In which states is THC and CBD legal?

According to the National Conference of State Legislatures here are the states in which THC and CBD are legal. 

Here is a quick reference for some of the terms used in the table below:

• THC Medical Use -This refers to whether THC is legal when used for medical purposes with a prescription. 

• Conditionally legal - This means the state has specific laws that regulate the source, medical conditions required, and THC levels of the CBD oil. At a minimum, all CBD must have less than 0.3% levels of THC. Some states have stricter THC level requirements.
• Fully legal - This means all forms of CBD approved by the FDA are considered legal. CBD must have less than 0.3% levels of THC. 

If you’re considering using CBD oil in a state where it is only conditionally legal, be sure to double-check your local laws.

Conclusion

I hope this article has helped clear up some of the confusion around where CBD and THC are legal in 2022. Remember, it all depends on the state in which you are located as well as what your intended use is.

And even within those guidelines, there are gray areas. So, it's always best to check with your local laws before using CBD or THC.