Is CBD Salve Legal In 2021


The Legality of Hemp versus Marijuana

Both hemp and marijuana are words used to classify various types of Cannabis, and both can contain a significant amount of CBD.


Hemp and marijuana have many visual parallels as members of the same family, but the two plants have significantly different levels of Tetrahydrocannabinol (THC), the intoxicating agent present in Cannabis, on a chemical basis.


Although hemp produces a negligible amount of THC (less than 0.3 percent), marijuana can produce a significant amount of THC (up to 30 percent).


Marijuana is federally illegal in the United States and many other countries due to its high THC content, which can induce serious mind-altering effects when ingested.


Let's look at the rules of CBD derived from hemp and CBD derived from marijuana, and how they differ from state to state, now that we've covered the legality of the two main sources of CBD.

Is Hemp Derived CBD salve Legal?

Quick answer: CBD salve extracted from hemp is legal as long as it is manufactured according to the law's guidelines.


President Trump signed the Agricultural Improvement Act of 2018 (also known as the 2018 Farm Bill), which reclassified hemp as a "agricultural commodity" rather than a Schedule I substance.


One widespread misunderstanding regarding the 2018 Farm Bill is that it made CBD salve legal regardless of whether it came from hemp or marijuana. This isn't correct.


CBD salve is listed as a Schedule I substance by the DEA and is thus illegal.


If, on the other hand, the CBD is obtained from hemp and follows the current farm bill's rules, it is no longer classified as a Schedule I substance and is legal:


THC levels in hemp must be less than 0.3 percent.

Hemp must abide by both state and federal laws.

A correctly approved grower must cultivate the hemp.

In addition, the 2018 Farm Bill lifted limits on the distribution, shipment, and storage of hemp-derived CBD salves, allowing them to be transported across state lines as long as they adhere to the regulations outlined above.


Is CBD salve Legal? CBD salves obtained from hemp (with less than 0.3 percent THC) are legal in the United States, although they are also prohibited in some states. The Food and Drug Administration has not checked these claims. This object is not supposed to be used to diagnose, administer, heal, or deter any illness.

Is Marijuana-Derived CBD salve Legal?

Although CBD salve derived from hemp is legal in the United States as long as it complies with the legislation, CBD derived from marijuana is a little more complex since it is derived from an illicit drug.


Marijuana is legal for recreational use in some jurisdictions, including California and Colorado, and CBD salve derived from marijuana is legal as well. Others permit the use of CBD obtained from marijuana in some circumstances, such as for a legitimate medicinal disorder, although others outright forbid it.


Continue reading for a full list of which states permit recreational or medical use of CBD extracted from marijuana, as well as which states specifically forbid it.


States where Weed-Derived CBD salve is allowed for Recreational Use: As of 2020, ten states have declared cannabis, including marijuana and hemp, fully legal for both recreational and medicinal purposes. Alaska, California, Colorado, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, and Washington are the states in dispute. You would be perfectly legal to use CBD salve if you were to find yourself in one of these wonderful states.


States where Marijuana-Derived CBD salve is approved for Medicinal Use: As of 2020, marijuana-derived CBD salve is approved for medicinal use in 47 states (including the eight listed above). 


The precise rules for such use differ by state, with the majority of states allowing therapeutic use for a wide variety of disorders, while others have strict criteria for approval (For example, the CBD must have less than a certain amount of THC, or the patient must have a certain condition).


Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington all have regulations that allow the use of marijuana-derived CBD salve for a number of ailments.


Alabama, Georgia, Indiana, Iowa, Kentucky, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia, Wisconsin, and Wyoming all have policies that authorize the use of marijuana-derived CBD salve under some situations.