Is CBD Legal?

When you have something as new and important as CBD, you’ll find misunderstanding to be a pretty common occurrence. There is quite a bit of confusion and misinformation swirling around CBD regarding its legality currently - we’d like to help set some of the facts straight.

Before 2018, hemp was classified along with marijuana as a Schedule I controlled substance. This changed when the Hemp Farming Act of 2018 was passed, which succeeded in removing hemp’s classification as a federally controlled substance. Essentially, federal law pertaining to cannabis was redefined as follows:

  • Cannabis (such as hemp) containing less than .3% THC is now federally legal and considered an agricultural crop
  • Cannabis (such as marijuana) containing higher than .3% THC would remain federally illegal and be classified as a Schedule I controlled substance.

This is excellent news for hemp farmers because they can now obtain USDA certification and grants, as well as carry federally subsidized crop insurance. It’s also a huge step forward in normalizing hemp and its uses with the public and paves the way for more extensive research to be conducted.

With this reclassification and the line being drawn at .3%, however, this means that CBD extracted from hemp is federally legal, and CBD derived from marijuana is not. Although, CBD will never be higher than .3% THC no matter which plant it was derived from.

While hemp and components, such as CBD, derived from hemp are federally legal, states do still have the final word on inter-state sales and distribution. Please check your state’s local laws about CBD if you are unsure as to its legality.


Can I fly domestically with CBD oil?

According to the website, they state the following:

“Marijuana and certain cannabis-infused products, including some Cannabidiol (CBD) oil, remain illegal under federal law except for products that contain no more than 0.3 percent THC on a dry weight basis or that are approved by FDA. (See the Agriculture Improvement Act of 2018, Pub. L. 115-334.)  TSA officers are required to report any suspected violations of law to local, state or federal authorities. 

TSA’s screening procedures are focused on security and are designed to detect potential threats to aviation and passengers. Accordingly, TSA security officers do not search for marijuana or other illegal drugs, but if any illegal substance is discovered during security screening, TSA will refer the matter to a law enforcement officer.”

Can I fly internationally with CBD oil?

No. It is not recommended that you attempt to fly with CBD internationally at this time. You may be involving another country’s laws if you do, and it could put you at risk. TSA will also be more strict with your carry-on and checked baggage when traveling internationally.

Can I fail a drug test from using CBD oil?

While most likely your CBD usage would not contain enough THC to show up on a drug test, it is always a possibility. Drug tests use different methods for testing and trace amounts of THC, while rare, can show up on your results. In this regard, using CBD is at your own risk.

Can CBD be shipped legally?

Yes, hemp-derived CBD that contains less than .3% THC is legal to ship in all 50 states under federal law. All Oily.Com products are available to ship and compliant with federal regulations.