Are CBD Gummies Legal

Are CBD Gummies Legal

With the growing popularity of CBD gummies, questions fill the air: Are CBD Gummies Legal? They are not a curiosity question—rather, it is a question of importance to consumers wanting to reap the rewards of CBD in a legal and safe way.


It can be confusing to navigate the labyrinth of laws governing CBD products, particularly when states have varying laws. If you're considering asking if CBD gummies are legal where you are, don't worry, you are not alone. Whether you're a seasoned CBD user or a beginner, it's wise to know the legality of CBD gummies to be on the safe side of the law.


In this article, we're going to break down all you need to know regarding the legality of CBD gummies in the United States. From the effect of the 2018 Farm Bill to how state laws vary, we've got you covered.

Key Takeaways 

  • CBD gummies are federally legal as long as they have less than 0.3% THC, owing to the 2018 Farm Bill.
  • The laws are different in states, so it's crucial to determine your state laws before making a purchase.
  • CBD gummies are legal in most states for adults, but are restricted for minors.
  • Always purchase from reputable companies to guarantee the product meets legal requirements.

What Are CBD Gummies? 

CBD gummies are edible candies that are infused with cannabidiol (CBD), a non-psychoactive substance that is derived from hemp. They are an enjoyable and convenient method of consuming CBD, which comes in a range of flavors and dosages. CBD is thought to offer many possible benefits, ranging from inducing relaxation to overall wellness, although it's important to know that the FDA has not approved any CBD product for medical use, aside from Epidiolex for particular instances of epilepsy treatments.


CBD gummies are also usually sold as an effortless method of obtaining your daily amount of CBD, minus the inconvenience of oils or tinctures. However, prior to buying, the law regarding them should be noted.

CBD Gummies are legal in the US. 

So, are CBD Gummies Legal? In short, yes, but under conditions. Up to 2018, CBD products, such as gummies, were federally legalized under the 2018 Farm Bill, which legalized hemp-derived CBD products with less than 0.3% THC. This was a huge turning point in the legal status of CBD, making the market for hemp-derived CBD products accessible throughout the US.


That said, while hemp-derived CBD is legal at the federal level, CBD gummies are still potentially illegal at the state level, since each state has its own laws regulating cannabis products.

Federal Regulations on CBD Gummies 

The 2018 Farm Bill took hemp off the controlled substance list, making it legal to grow hemp on farms for industrial use, including extracting CBD. Provided that CBD is extracted from hemp and has a concentration of less than 0.3% THC, the product is federally legal. This implies that, federally speaking, CBD gummies are legal for over-18s.


The FDA still has control over CBD products, and while it hasn't approved CBD gummies for medical use except for the prescription drug Epidiolex, which is used to treat some forms of epilepsy, this means that even though you can buy CBD gummies legally, their health claims have to be carefully phrased to avoid any FDA violations.

State-by-State Differences in CBD Legality 

While CBD gummies might be legal at the federal level, that does not necessarily mean that they are completely unrestricted in all states. There are some states whose laws regarding the sale and use of CBD are more restrictive, and others which have welcomed the market with open arms.

States Where CBD Gummies Are Completely Legal 

  • California: California is well known for its progressive laws regarding cannabis, and CBD is no different. CBD products are legal to sell here, as long as they contain less than 0.3% THC.
  • Colorado: Having legalized recreational marijuana, Colorado has detailed regulations governing both CBD and cannabis products, such as gummies.
  • Texas: CBD products under compliance with the 2018 Farm Bill are legal in Texas, but cannabis is illegal to use for recreational purposes.

States that have Restrictions

  • Idaho: CBD is still heavily restricted. CBD products with no THC are legal in this state, making it difficult to buy CBD gummies.
  • South Dakota: South Dakota has long maintained tough cannabis legislation. Hemp-derived CBD is legal, but state laws regulating the sale and use of CBD products can still be tricky.
  • Kansas: Kansas has legalized CBD, but only zero THC-containing products are permitted, which means full-spectrum CBD gummies are illegal. It's always best to verify the exact laws in your state to know what is allowed before buying CBD gummies.

Understand the 2018 Farm Bill and Its Effect on CBD Gummies 

The 2018 Farm Bill was instrumental in legalizing CBD products in the US. The bill decriminalized hemp as a controlled substance by removing it from the list, so now it is legal to cultivate, process, and sell hemp products like CBD oil and gummies.


How does this affect you as a consumer? In essence, CBD gummies with less than 0.3% THC are federally legal to buy, own, and consume; thus, they can be found universally throughout the nation. The bill's influence is not entirely consistent, though, as a few states have opted to pass additional laws, and the FDA continues to watch the marketplace to ensure conformity with safety regulations.

CBD Gummies and THC: What's the Difference? 

Understanding the difference between CBD and THC is important when explaining the legality of CBD gummies. CBD (Cannabidiol) is not psychoactive, meaning it does not create a "high" effect like THC (Tetrahydrocannabinol), the psychoactive ingredient in marijuana.


CBD gummies are derived from hemp, which has trace levels of THC (less than 0.3%). THC levels at this low level are not sufficient to induce intoxication or impairment. Yet, there are CBD products, such as gummies, that have larger amounts of THC, making them illegal according to federal law.


When buying CBD gummies, it is important to check that they have less than 0.3% THC in order to be in line with federal law.

Are CBD Gummies Legal for Teens? 

Yes, but not without exception. Although CBD gummies are legal for adults in the majority of states, teens might have varying regulations. Several states have age limits on the sale of CBD products, particularly those with THC, that might be a problem for younger consumers.


Minors may be able to purchase CBD products in medical marijuana states with a doctor's prescription. Yet, in states where recreational weed is prohibited, selling CBD gummies to minors is usually forbidden even if the item has less than 0.3% THC.


Parents must consult their state's laws about the sale and application of CBD goods among minors prior to buying CBD gummies for kids.

How to Make Sure You're Buying Legally-Compliant CBD Gummies

When buying CBD gummies, it's crucial to purchase from a reliable source to be sure you're obtaining a legally compliant product.


Here are a few steps to ensure a safe purchase:


1. Check the THC Content: Ensure the CBD gummies have less than 0.3% THC content. This is mandated by the 2018 Farm Bill.

2. Check for Third-Party Lab Testing: Reputable brands provide lab results that measure THC levels, contaminants, and other quality measures. This ensures you're buying a product that meets legal and safety standards.

3. Buy from Trusted Brands: At Creating Better Days, we pride ourselves on offering CBD gummies that are fully compliant with federal laws and undergo rigorous testing to guarantee their quality and safety.

4. By buying CBD gummies from a reputable vendor, you'll have peace of mind knowing that you're doing everything by the book.

The Future of CBD Gummies Legality in the US. 

CBD gummies are expected to be more popular as more states legalize cannabis for medicinal and recreational use. Federal law is likely to continue changing, with state regulations tending towards standardization, making it simpler for customers to know what to expect in the marketplace.


As more research on the uses of CBD continues to grow, it can be anticipated that states will relax their prohibitions, and CBD products will become more accessible and legalized. Yet until that time, it is essential to stay informed and up-to-date about local regulations prior to a purchase.

Final Takeaway 

So, Are CBD Gummies Legal? They are federally legal if they contain less than 0.3% THC. As state laws vary, you should check your local laws before you buy. By adhering to these rules and buying from a reputable supplier, you can safely enjoy the advantages of CBD gummies. 

Frequently Asked Questions

Are CBD Gummies Legal in All States? 

CBD gummies are federally legal but state-specific. Check local laws prior to buying. 

Do CBD Gummies Have THC? 

Yes, CBD gummies do have small amounts of THC (less than 0.3%), the maximum legal amount, and are not intoxicating. 

Can Children Legally Purchase CBD Gummies? 

No, you must be an adult to purchase CBD gummies. The legality of CBD gummies for children will be state-dependent, with some permitting access with medical supervision. 

What Makes CBD Gummies Different from Other CBD Products? 

CBD gummies provide a user-friendly, flavorful, and simple-to-dose option compared to CBD oils and tinctures, with the same effects. 

Are CBD Gummies Similar to THC Gummies? 

No, while CBD gummies have non-psychoactive CBD, THC gummies have tetrahydrocannabinol, which produces a "high."


More questions about "Are CBD Gummies Legal?" Reach out to our support team by email at info@creatingbetterdays.com or place a call at 1 (800) 215-0223 to receive clarification for all your questions. Our Creating Better Days Expert Support Team will be glad to help you. Visit our blog section to learn more about CBD and get answers to all your questions.

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