Is CBD Legal?

Is CBD Legal?

  • Kirsten Thornhill - 22.02.2021

In the last five years or so, the hype and conversations around CBD oil and CBD products has evolved quite well. Talk of its incredible medicinal properties has grown in rapid fire formation. More and more people are deciding to try holistic approaches and options, using CBD oil, and questioning traditional medicine. CBD oil is not only demonstrating its safety profile time and time again, but it may also be remarkably effective and beneficial. 

CBD oil isn’t only for humans, it’s for animals too! As this magical herb continues to boost its worth amongst humans, veterinarians are quickly batting an eye at its effectiveness and worth as well. The possible advantages of this natural compound may be more considered for our furry friends than we thought possible. If you haven’t already been in the know, we’re excited to share with you. CBD oil may be beneficial, effective, and safe for you felines, canines, and maybe even horses. 

In today’s article, we’ll cover all the CBD basics, the legalities around cannabis and CBD, and the potential benefits you (or fido) may achieve with this magical compound. 

Let’s get to it. 

What is CBD?

With this rise in cannabis curiosity, there’s also a rise in skeptic opinions and floating misconceptions. What even is CBD? Will it get me or my dog “high”? Is it even legal? 

With the familiarity of cannabis products constantly popping up in conversation, it’s becoming mainstream that marijuana may help with a wide array of health concerns. But what about CBD? It is marijuana too?



Well, first things first, CBD is the medical abbreviation for cannabidiol. It is a compound that is derived from the cannabis plant. It’s the non-psychoactive compound from the plant - it won’t get you “stoned”. Unlike tetrahydrocannabinol (THC), CBD won’t get you “high”. 

So let’s think of the cannabis plant as an umbrella: the cannabis plant is the top of the umbrella, the marijuana plant is the metal holding up the umbrella, and the hemp plant is the umbrella pole. The terms are often used interchangeably, but there are distinct differences. 

Marijuana-Derived CBD

CBD that is extracted from the marijuana plant has some pretty straight forward legality guidelines. If your state has legalized marijuana plant products, then marijuana-derived CBD is legal in your state. As of the 2018 Farm Bill, 10 states have legalized marijuana products for recreational use for individuals over the age of 21. Thirty-three of fifty states of legalized the use of medical marijuana, requiring a doctor’s approval and note stating that the marijuana products will be used to help with a specific medical condition or concern. 



However, on the federal level, marijuana is still illegal. This is why it’s important to know your state’s regulations and laws regarding marijuana and CBD. 

Hemp-Derived CBD

Again, CBD can be derived from the hemp and marijuana plants. When it comes to CBD for your pets though, paw parents should only purchase hemp-derived CBD. 

In almost all 50 states, purchasing hemp-derived CBD products isn’t an issue. Since marijuana is still federally illegal, you shouldn’t be seeing much of marijuana-derived CBD, unless you live in a state where marijuana CBD is legal. 

Ensure that you do NOT give your dog marijuana-derived CBD. This can be very harmful and dangerous for your pet, as the THC potentially present, can be toxic to your pet. 


Hemp-derived CBD contains 0.0% - 0.3% THC. Yes, THC, is a psychoactive compound of the cannabis plant, which may give users a “high” effect. But the positives of having little to no THC present in your hemp-derived CBD is that there is not enough THC to get you “high”. 

Because hemp products don’t produce psychotropic effects, they are able for purchase in almost all 50 states. However, are they necessarily legal? No. It really is a “it depends” situation. 

Is CBD Legal?

One of the most commonly asked questions when CBD comes up in conversation is whether or not it is legal. Like I mentioned above, it’s not really a ‘yes’ or ‘no’ answer. Hemp CBD is still considered illegal in some states, such as Idaho. Thus, the legality of hemp CBD oil, at the state levels, continues to change continuously. On a positive, more and more states are legalized both marijuana and hemp plants, at an increasing rate. 

We highly recommend doing your homework: check your state’s regulations and laws surrounding both hemp and marijuana plants and specifics on CBD. 

Here are some of the most commonly asked questions in regards to legalities in specific states. 



1. Is CBD Legal in Florida?

CBD that is hemp-derived is legal in the state of Florida. Medical marijuana usage is also legal in Florida, but does require certain health requirements to be met for a physician to give their patient a medical marijuana card. 

2. Is CBD Legal in Ohio?

CBD is illegal in Ohio, even though it can be purchased online and is sold in health food stores all over the state. This is a perfect example as to just how confusing CBD legalities are. 

Nonetheless, CBD oil derived from the marijuana plant is legal, if sold on a medical necessity level. 

3. Is CBD Legal in New York?

Medical marijuana is legal in New York. CBD derived from the hemp plant is also legal. New York also decriminalized marijuana semi-recently. 

4. Is CBD Legal in Texas?

CBD is legal if derived from hemp in the state of Texas. It cannot contain more than 0.3% THC. 

5. Is CBD Legal in North Carolina?

CBd is legal for patients with intractable epilepsy only. This form of CBD is hemp-derived. With this being said, hemp-derived CBD can still be purchased online in the US. 

6. Is CBD Legal in Illinois?

The use of medical marijuana and CBD derived from marijuana is legal when it is sold at the medical level. 

7. Is CBD Legal in California?

Marijuana is legal, medically and recreationally, in the state of California. 

Additionally, CBD oil derived from the hemp and marijuana plants are legal in the following states:

  • Michigan
  • Oregon
  • Nevada
  • Alaska
  • Colorado
  • Vermont
  • Washington D. C.
  • Washington
  • Massachusetts

CBD Hemp Products for Your Pets

Now that you’ve got CBD legalities 101 down, let’s talk about the feline and canine perks of using CBD oil for pets. 

Here, at Petly CBD, we treat our four-legged friends as members of our family. Our mission is to help our beloved companions live the happiest, healthiest lives possible. Founded by two dog dads with a mission: to create exceptional CBD products that contribute to the health and wellbeing of our beloved pets while also giving back. As pet owners, our commitment to quality products is as important as our commitment to the causes we support. 

We offer a wide variety of CBD products for your fur babies, including Pet Hemp CBD Dog Treats and Pet Hemp CBD Oils

Our CBD Pet Chews are all-natural certified THC free, organically grown, CBD hemp products. We use a water soluble broad-spectrum CBD oil, which is five to ten times more bioavailable than other oil based treats. Our proprietary veterinarian formulated soft chews are carefully crafted ensuring every ingredient is of the highest quality, and always free of preservatives and pesticides. These tantalizing CBD treats not only host a wealth of health benefits, but will have your pup begging for more.


We have Pet Hemp CBD Oil for Cats that has been scientifically crafted for our small feline friends. Formulated with 125 mg of organically grown phytocannabinoid-rich hemp. Each bottle contains 30 droppers at 4.16mg per dropper. This natural product combines only two natural compounds that support feline health—broad-spectrum hemp extract and MCT coconut oil.

We also carry Pet Hemp CBD Oil for Dogs specifically formulated for your dogs size: small, medium, and large. For instance, our large CBD Oil for Large Dogs formula has been scientifically crafted for dogs 50 pounds or more. Formulated with 500 mg of organically grown phytocannabinoid-rich hemp.Each bottle contains 30 droppers at 16.6mg per dropper. This natural product combines only two natural compounds that support canine health—broad-spectrum hemp extract and MCT coconut oil.

Hemp CBD: Final Thoughts

When all is said and done, it’s kind of incredible that a natural herb such as CBD oil is changing lives and taking the holistic world by storm, in both humans and animals. Not only do we have holistic options for ourselves, but now our furry friends can benefit too. 

For this reason, you can see why so many are interested in learning and knowing the legality stances for their state on CBD. Luckily, as time continues to progress, experts and researchers are continuing to provide support for CBD oil and states are turning in. 

We hope that in the very near future, CBD oil and CBD products will serve for more people, animals, and health concerns. 


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