What is the current legal status of CBD oil?

May 9, 2025

2 min read

Updated: 18 hours ago

CBD oil has become one of the most popular hemp products in recent years. But despite its mainstream popularity, many people still ask: is CBD oil legal?

Quick Answer: Is CBD Oil Legal in the U.S.?

Yes, with conditions.

CBD oil is federally legal in the United States if it is derived from hemp and contains no more than 0.3% Delta-9 THC by dry weight, according to the 2018 Farm Bill.

However, the legal landscape is complicated by:

FDA restrictions on health claims
State-specific regulations
Differences between hemp-derived CBD and marijuana-derived CBD

➡️ Learn more about the 2018 Farm Bill here.

What Is CBD Oil?

CBD (cannabidiol) is a non-intoxicating cannabinoid found in hemp and cannabis plants. Unlike THC, CBD does not produce a high. It interacts with the body's endocannabinoid system, which researchers are still studying.

CBD oil is typically made by extracting cannabidiol from hemp flowers and blending it with a carrier oil like MCT, olive, or hempseed oil.

Federal CBD Oil Laws (As of 2025)

✅ What’s Legal:

CBD products derived from hemp with less than 0.3% THC.
Sold as supplements (e.g., oils, capsules, edibles, topicals).
Must be produced under state-approved hemp programs.

❌ What’s Not Legal:

CBD marketed as a medical treatment or dietary supplement without FDA approval.
Products containing more than 0.3% THC (classified as marijuana by the DEA).

The FDA has not approved most over-the-counter CBD products. Only Epidiolex, a prescription CBD drug used to treat rare seizure disorders, has FDA approval.

More from the FDA: FDA Regulation of Cannabis and CBD

Is CBD Oil Legal in All 50 States?

State laws vary widely. While CBD is federally legal, some states have placed additional restrictions or bans on the sale, use, or labeling of CBD oil.

Here’s a quick snapshot:

State	Status
California	Legal for all uses
New York	Legal, regulated by state health laws
Texas	Legal, but strict labeling rules
Idaho	Only legal if 0% THC
South Dakota	Legal, but local enforcement varies

For up-to-date state-by-state laws, check the National Conference of State Legislatures (NCSL).

Requirements for Legal CBD Products

To be legally sold, CBD oil must:

Contain less than 0.3% Delta-9 THC
Be hemp-derived, not marijuana-derived
Be produced under licensed hemp programs
Be labeled according to FDA and FTC guidelines

Pro tip: Only buy lab-tested CBD with a Certificate of Analysis (COA) to ensure compliance and safety.

Where Can You Buy Legal CBD Oil?

At Roots Kava Bar NY, we’re preparing to launch a curated line of premium hemp-derived CBD products, including:

Full-spectrum and broad-spectrum CBD oils
CBD gummies and tinctures
Topicals applied to the skin

All of our products are:

✅ 2018 Farm Bill compliant

✅ Third-party lab tested

✅ Sourced from trusted U.S. hemp farms

CBD oil is legal on a federal level, but the fine print matters. Always check:

THC content
State laws
FDA labeling and claims

As the regulatory environment continues to evolve, staying informed is the key to enjoying the benefits of CBD without running into legal trouble.

Helpful Resources

Planning a visit to Roots Kava Bar in Port Jefferson? Check our hours and directions on the visit page, or browse the full menu before you come in.

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