//Is CBD Legal?

Is CBD Legal?

There are two types of CBD (cannabidiol)- Hemp Derived CBD (cannabidiol) and Cannabis Derived CBD (cannabidiol). Cannabis is still illegal on a federal level, however, with the Hemp Farming Act of 2018 being signed in affect – Hemp is now legal on a federal level.

What does this mean?

Hemp can now be cultivated, processed and legally sold, ultimately contributing toward a profound movement that will prove to greatly impact a large variety of industries and provide patients with potential alleviation for symptoms associated with numerous life-altering conditions.

Cannabidiol (CBD) that is extracted from the Hemp plant and yields no more than 0.3% THC (tetrahydrocannabinol- the psychoactive cannabinoid highly prominent within Cannabis plants) is 100% legal in the eyes of the United States Federal Government.

Many people do not realize that there is a very gray (vague) space between medical marijuana legalization, hemp legalization, and the substance being entirely illegal. Certain states are very specific with their laws regarding cannabidiol (CBD), while other states are not as comprehensive.

This has caused a large amount of public confusion and uncertainty regarding what can and cannot be purchased, sold, or consumed. Even though CBD (cannabidiol) has been legalized on a federal level – 3 amongst the 50 states of the United States have since implemented restrictions and in some cases a complete ban on any and all CBD (cannabidiol) or THC products.


Both CBD (cannabidiol) and THC products which contain any levels of THC remain illegal in Idaho. However, CBD (cannabidiol) oil extract that does not contain THC (0% THC) is fully legal.

To clarify, any product that contains any traceable amount of THC is illegal – even if that percentage is 0.001%. Products containing THC remain a controlled substance in Idaho.  

South Dakota

As of now, both CBD (cannabidiol) and THC products remain illegal in South Dakota.

However, did you know…?

The South Dakota Marijuana Legalization Initiative may very likely appear on the ballot and be voted on, November 3, 2020. This measure would fully legalize marijuana and associated paraphernalia in South Dakota.  


In September of 2018 – Nebraska Attorney General Doug Peterson informed the law enforcement throughout Nebraska that CBD (cannabidiol) oil is currently illegal under current state law.  

There is still very much controversy related to CBD (cannabidiol) in Nebraska.  However, the movement is definitely-heading in the right direction. Sen. Anna Wishart (D), has become a key player in the marijuana legalization movement for Nebraska. Senator Wishart (D) sponsors a legislation that if put on the ballot, would give Nebraskan voters a chance to vote in 2020 on legalizing Medical Marijuana.

Am I legally safe to order CBD online…?

Throughout a vast array of cities spread throughout the United States – you can now find CBD (cannabidiol) on the shelves.  You can also find endless online companies jumping onto the green-wave. With this market being so saturated both locally and virtually, consumers are leaning toward online reputable sources for their CBD (cannabidiol) needs.

It is legal and safe to order CBD (cannabidiol) online through an established business. Just be sure to do your proper research like any other product, prior to ordering, to be sure you know what is contained within the product you are ordering.

Always be sure to ask your CBD provider for the lab results (COA). The lab results will provide you with key components to ensure you are making the right decision such as CBD Content (Potency), Pesticide Levels, Mold/Mildew levels, etc. Always be sure to check the results, to confirm you are in fact going to be ordering a pure and effective product.

Can you legally mail CBD…?

To keep the answer concise, yes. Assuming the CBD (cannabidiol) being shipped is derived from Hemp and not Cannabis and contains less than 0.3% THC – you can technically send the shipment to an address located within the United States of America.

However, as mentioned above – states do have the right to implement their own laws and restrictions. So always be sure to familiarize with your local City, County and State laws.

Rest assured – if you plan to order CBD (cannabidiol) online, you do not need to do so with the worry in the back of your mind- attempting to convince you that you are breaking some sort of rule or law.  Assuming you live in a state other than Idaho, South Dakota, or Nebraska. If you reside in one of these three states, it is strongly recommended that you keep up to date with your current legislative body.

Like many people, we have high hopes and continue to keep our fingers crossed that like the other 47 states – in time, Idaho, South Dakota, and Nebraska legislators and voters will recognize the high healing potential CBD (cannabidiol) may have to offer its consumers. At which point, we believe the people will do what is right and will enact the appropriate laws to increase access and availability of CBD (cannabidiol), state(s)-wide.

By |2019-04-06T22:05:43+00:00April 6th, 2019|Uncategorized|0 Comments

About the Author:

Leave A Comment