Now, the need for a card or certification to get CBD Oil in a nutshell comes down to the legal status of CBD where you live and also what the source of CBD is.

Remember that CBD can come from 2 sources.  It can come from marijuana.  And, it can come from hemp.

What’s the difference between marijuana and hemp?  

The difference between hemp and marijuana and hemp is basically boils down to the amount of THC.  Hemp has less than 0.3% THC and by default marijuana has more than 0.3% THC.

Let’s talk about CBD derived from marijuana.  CBD from marijuana is pretty straight-forward.

So you have states where

  1. marijuana is legal for recreational use and then there are states where
  2. marijuana is legal for only medical use and then there are states where
  3. marijuana is not legal at all.

In states where marijuana is legal for recreational use, you don’t need a card or certification for CBD that’s derived from marijuana.

In states where marijuana is legal for only medical use, then you do need a card or certification for CBD that’s derived marijuana.

And, then, of course, in states where marijuana is not legal, you simply just don’t have access to CBD derived from marijuana.

But, in these states, you may have access to CBD derived from hemp.  So let’s talk about that next.  CBD derived from hemp is, quite honestly, confusing because the laws are murky at best.  So, I’m going to do my best to simply the information.

So in states where marijuana is legal for either recreational or medical use, then generally, CBD derived from hemp is also covered under the legal protections for marijuana.

In states where marijuana is legal for recreational use, then you may not need a card or certification from a physician for CBD that’s derived from hemp.

When it comes to states where marijuana is legal for only medical use, since the passage of the Agricultural Act of 2014, or the 2014 Farm Bill, many of these states, according to the National Conference of State Legislators have “removed hemp from the state’s controlled substances list and [have] exempted industrial hemp from the statutory definition of marijuana if it is grown within specific regulations.”  And, when this is the case, you may not need a card or certification from a physician for CBD that’s derived from hemp.

Then, some states have CBD-only laws in place, where the use and possession of CBD is legal, but under very specific conditions.

For one, the allowable amount of THC in the CBD Oils is capped.  In the vast majority of these states, the allowable cap of THC is less than 0.3%.  So, these states are only okay with hemp based CBD.  Then there are a few states where the allowable cap is slightly more than 0.3% THC.  These states, on the other hand, are okay with both hemp and marijuana based CBD.

Also, some of these states have a very specific list of medical conditions for which the use of CBD is allowed.  Other states don’t limit the use of CBD to a specific list of medical conditions.

A few of these states do require a certification or card from a physician.  Other states, have not specified the need for a card or certification to get CBD Oil.

I’ve provided links to some resources below which dive into the specifics of CBD laws by state.  So, you can look up further information about the specific state in which you live there.

And, finally, there are a handful of states that are not okay with CBD, whether it’s marijuana-based CBD or even hemp-based CBD.  In these states, it’s not legal to use or possess CBD Oils period.

Alright, there you go.  Now you have an answer to the question – Do you need a card or certification for CBD Oil?


Research Referenced: