Is CBD Legal? the Current a Future Legal Landscape | Blog | Modern Remedy

CBD is a quickly growing industry in the United States and worldwide. It boasts plenty of potential medicinal benefits for both physical and mental health and there’s more research done on it every day.

But is CBD legal? Some people worry about the legality of CBD. Many have been misled to believe that it’s too similar to recreational marijuana, or they see the minute THC content and get scared off, not wanting to risk breaking the law. 

We want to make sure that you can rest easy with your CBD purchases. It’s normal to feel uneasy when you’re trying something new, but getting rid of the legal anxiety can be a huge weight off of your shoulders.

Keep reading to learn all about the legality of CBD, how laws are developing, and how you can know that you’re making the right decision. 

First: The 2018 Farm Bill

In 2018, everything changed for the hemp industry. 

The 2018 farm bill contained a lot of information and changes for the overall farming and agriculture sphere. It made adjustments to dairy farming, wool production, farm ownership, research, and so much more.

It also featured a few important tidbits regarding hemp (and additions were also made later on). 

Hemp was covered under Title X of the bill: horticulture. This section also handled certain agricultural imports, farmers’ markets and local food promotion, and diverse seed protection (including hemp seeds). 

Regarding hemp, several things changed. There were changes made to the tribal growth of hemp as well as hemp imports and transportation. This also impacted the ability of hemp research. 

It legalized hemp going over state lines for commercial use and expanded upon previous hemp legislation that had legalized hemp for small groups and research purposes. It became federally legal to grow, produce, and sell hemp for textiles, important commercial products, and anything else that could derive from it. 

Hemp and CBD: What’s the Connection?

Okay, so the government legalized hemp. So what? 

Well, this does a few things for the CBD industry. First, let’s talk about why hemp even matters in the CBD world. 

CBD is a derivative of hemp. CBD can also be extracted from the cannabis plant. Hemp is actually a kind of cannabis plant that has different chemical makeups within it. 

CBD has gained plenty of public interest over the years. It helps with anxiety, nausea, appetite, sleep, focus, pain, and potentially even weight loss. There is still research happening so more and more uses are being discovered all the time. 

Full-spectrum CBD products do contain THC. This is where some people get confused about the legality of CBD. If something contains THC and THC is federally illegal, how can CBD be legal? 

For CBD to be as effective as possible, it uses something called the entourage effect. THC and CBD both impact the endocannabinoid system and attach to different cannabinoid receptors in the brain. Using each one individually is helpful, but combining them gives you the benefits of both without the downsides. 

In other words, CBD, with its minute amount of THC content, gets the benefits of THC to boost it without the psychoactivity, anxiety, “munchies”, or anything else that can be problematic. 

This is why a small amount of THC is allowed. Legal CBD products contain .3% or less of THC, allowing for the entourage effect without psychoactive effects. 

Federal Legality

When it comes to federal laws, it’s pretty simple. The farm bill made it clear.

There is no federal agency that’s interested in arresting people for growing hemp, extracting CBD, or possessing CBD. You’re in the clear with the federal law. There have even been moves to work on FDA approval, though this hasn’t been completed yet. 

In other words, as far as the country’s law goes, you don’t have to worry about CBD consumption. You can eat, drink, smoke, vape, or otherwise consume your CBD products without worrying about the police knocking down your door. 

CBD is no longer considered a controlled substance like many drugs are. When it had the marijuana association, it had the risk of being labeled a schedule 1 drug. This prevented people who need it from using it and created a harmful and inaccurate view of something that people find helpful. 

Now, the farm bill has made it so recreational marijuana and CBD have no further association beyond the plants that they’re derived from. 

We’ll talk more about FDA regulation and approval later on once we explain state and federal limitations.

So in short: is it legal to buy CBD? According to the federal government, Yes. 

State Legality

State legality is a bit more complicated, but we can break it down and help explain why you as a consumer most likely don’t need to worry about your state laws. 

While it’s legal on a federal level, states are able to make their own laws about what they want their residents to consume and create.  

In Idaho, Iowa, and South Dakota, you can’t legally consume or create CBD products of any sort. These are the most restrictive states, but things are in the works to change these laws in the future. 

Some states have more minor restrictions that don’t affect the consumer as much as they affect the producer. Some states (such as Washington and the Carolinas) don’t allow any kind of ingestible CBD product unless it’s from a specific seller.

Colorado allows ingestible products as long as those products aren’t baked goods. That seems like an arbitrary distinction, but those aren’t uncommon either. Kentucky, for example, won’t allow producers to mix CBD with tea. Vermont doesn’t want it mixed with dairy or maple syrup (at least if it’s labeled as “pure” maple syrup). 

Most states just ask that there’s some regulation or licensing involved regarding sellers and that consumers are at least 18 years old. 

And again, because there is no federal law against it, you’re in the clear when you’re consuming CBD. 


As we mentioned, there are several limitations regarding CBD that don’t affect you as the consumer, but rather the producers of CBD products. We make sure that our CBD products are safe and legal. 

The THC content is the primary factor, but qualified CBD sellers know this and include only enough CBD to facilitate that helpful entourage effect. They’re educated in the federal and local laws so you don’t have to be. You get to be a happy, conscientious, and confident consumer. 

Is CBD Legal In the Future? Potential and Final Thoughts 

So what’s coming in the world of CBD? We can’t be totally sure, but there are indications that change in the laws about CBD is in the near future. 

The farm bill helped to increase and extend existing research into hemp and CBD. This means that there are going to be more reported benefits and eventually these benefits can be listed as proven. Public opinion is positive regarding CBD and its pain and mental health benefits. 

The FDA wants to make sure that products are safe and effective before they start enforcing any kinds of regulations or approvals. Right now, CBD is a “wellness product”. 

Only one “prescription drug” form of CBD is recognized by the FDA, but this is a step forward. This prescription drug is proven to control seizures, meaning it’s a big deal for the CBD community. 

The FDA would be unwise to try to regulate CBD under prescription drug laws. It’s not a medical product (though it is used in medical products) and is likely to be treated as an ingredient, alongside Ashwaghanda and Ginkgo.

For this reason, once the FDA figures out how it’s going to handle CBD, the legality should continue and expand across the states. Clear regulations make it easier to figure out what can and should be legal and it’s expected that these regulations will put state legislators at ease and prove the safety and efficacy of CBD. 

Until then, buying your CBD from responsible and experienced sellers (like us!) is the way to go for carefree CBD consumption. 

One day, CBD might even be as common as your cups of coffee. 

Consume CBD Worry-Free

Because of the federal ruling on hemp and hemp-derived products, you don’t have to worry about using CBD to relieve some of your anxiety, fatigue, aches and pains, and more. 

So is CBD legal? Yes, but with restrictions (barring a few states, of course). Those restrictions are Modern Remedy’s (the manufacturer) to worry about and we take every federal and state legal precaution to ensure our CBD is safe and legal for our valued consumers. 

If you’re looking for your next safe and legal CBD purchase, we’ve got you covered. Whether you need powders, tinctures, or salves, we have something for everyone. Visit our shop to find your new favorite.