As far as recreational marijuana goes, many bills are on the table in other states, however, it remains illegal for recreational use in: New York, New Jersey, Kentucky, Missouri, Utah, Florida, North Carolina, South Carolina, Idaho, Indiana, Alabama, Wyoming, Maryland, Minnesota, New Mexico, South Dakota, Tennessee, West Virginia, Montana, Connecticut, Rhode Island, North Dakota, Hawaii and New Hampshire.
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In Georgia, for example, the legislature passed a law in 2015 that made legal possession of up to 20 ounces of CBD for patients with qualifying conditions like seizure disorders and multiple sclerosis. The law does not, however, set up any supply infrastructure—there are no licensed dispensaries or producers. Recently, the Georgia legislature passed a compromise law that includes Alzheimer’s disease, AIDS, autism, epidermolysis bullosa, peripheral neuropathy, and Tourette’s syndrome in the list of diseases that can be treated by CBD—as long as that CBD oil has no more than 5 percent THC.
However, if it was sourced from actual marijuana (i.e. cannabis that contains more than 2% THC by volume), then it is technically illegal. Most of the best CBD oils for pain that you find in dispensaries in states like Colorado, California, and Washington (as well as other states where weed is legal) will have been extracted from marijuana plants — not industrial hemp plants. Unfortunately, this means that these products are not allowed to be sold online and shipped across state lines to “non-legal” states.
Armentano pointed to several pieces of evidence as proof that CBD has always been treated as illegal at the federal level. Congress has tried and is currently trying to pass bills to remove CBD from the Controlled Substances Act—which would be unnecessary if the compound were already legal. Further, the Controlled Substances Act itself specifies that the government has the right to control substances that are chemically similar to the ones explicitly listed.