Is CBD Oil Legal in all 50 states?

Thanks to the 2014 Farm Bill, hemp is legal in all fifty states. However, the legality of CBD is still confusing for many. We dug into the laws of each state and even hired a group of lawyers to help us understand the legal landscape.

Here’s what you need to know.

The legality depends on the source of the CBD.

While hemp-derived CBD is legal in all 50 states, ‘marijuana’-derived CBD is not legal federally.

Both marijuana and hemp are members of the cannabis family making them similar in many ways. The government classifies hemp as any plant of the cannabis family that contains less than 0.3% THC. It classifies “marijuana” as any plant of the cannabis family that contains greater than 0.3% THC.

cbd vaping juice “Marijuana” cannabis plants have a low percentage of CBD than hemp plants. That’s why most CBD products use CBD from hemp not marijuana. Because marijuana has higher concentration of THC, it’s not an ideal choice for producing CBD products. Using marijuana plants would require extracting some of the THC to make CBD within the legal limits.

Hemp cannabis plant have a high amount of CBD and low THC, making them the most efficient plant for CBD processing.

So the bottom line here is, if your CBD comes from hemp, it is legal.1 CBD made from “marijuana” with high levels of THC, is only legal if your state legalized marijuana.

Where is CBD illegal?

Thanks to the passing of the 2018 Farm Bill, zero THC CBD is not illegal in any state in the USA. That’s right; according to federal law, it is legal in all 50 states. That said, since the change in law is relatively new, some states might not fully embrace CBD. This should change with the new bill, however, it may take time. Below we outline four different jurisdictional categories based on pre-2018 Farm Bill practices.

States can be grouped into four jurisdictional categories.

Friendliest States.

These jurisdictions have explicit laws allowing retailers to sell industrial hemp-derived products.

These jurisdictions include: Alaska, Colorado, Illinois, Indiana, Kentucky, Maryland, Missouri, New York, North Carolina, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, and Wisconsin.

Friendly States.

In these jurisdictions industrial hemp grown in a Farm Bill-compliant agricultural pilot program is explicitly exempted from the definition of marijuana.

These jurisdictions include: the District of Columbia, Hawaii, Kansas, Montana, New Mexico, North Dakota, and Oklahoma.

Gray Area States.

In these jurisdictions explicit prohibitions against the retail sale of industrial hemp-derived CBD products but that have exemptions in the law for the argument that hemp-derived CBD products are legal.

These jurisdictions include: Arkansas, Delaware, Florida, Georgia, Idaho, Iowa, Louisiana, Maine, Massachusetts, Minnesota, Mississippi, New Hampshire, New Jersey, Pennsylvania, Texas, Virginia, and Washington.

States with Concern.

These jurisdictions have no explicit prohibitions against the sale of industrial hemp-derived CBD products. However, recent law enforcement actions or pronouncements raise the risk of the retail sale of industrial hemp-derived CBD products.

These jurisdictions include Alabama, Arizona, California, Connecticut, Michigan, Nebraska, Nevada, Ohio, South Dakota, West Virginia, and Wyoming.

What are the specific rules in your state?

Concluding Thoughts: Is CBD Legal in 2019?

Yes, it is legal to purchase and consume hemp-derived-CBD in all 50 states.

Marijuana derived CBD is not legal federally.

The government classifies hemp as any plant of the cannabis family that contains less than 0.3% THC.

It classifies “marijuana” as any plant of the cannabis family that contains greater than 0.3% THC.

You need to check your specific state for any restrictions

Federal law permissions for activities involving industrial hemp are clear. However, the Farm Bill, and other federal laws on industrial hemp, do not pre-empt state law.

Just as there are hundreds of municipalities in the United States that prohibit alcohol sales nearly a century after Prohibition’s repeal, local and state laws may still restrict the sale of industrial hemp products even where federal law is clearly permissive.

Some states continue to view CBD that comes from marijuana as being no different than marijuana itself. The government classifies any plant of the cannabis family that contains more than 0.3% THC to be marijuana.

Bottom line, it is legal to purchase and consume hemp-derived-CBD in all 50 states.

Keep checking back in this space for updates as there is currently a bill going through Congress right now that could change the way the government views both hemp and marijuana.

The 2018 Farm Bill holds the promise to clear up many of the misconceptions and confusing elements surrounding CBD. If you’re interested in learning more about how we came to have these regulations of hemp read Chapter 2 of our CBD textbook on The History of CBD. We found a nice summary of this book at for anyone who wants to save time!


Kung fu School Reviews – Maling Shaolin Kung fu School

A few weeks ago I caught up with SMA student Miguel post training kung fu in China. Miguel booked his training through us, and studied martial arts in China for 3 months during 2018 to 2019. When we connect students to martial arts travel, and training experiences our job doesn’t just stop there. We do our best to prepare students pre-trip, assist them with their travel plans, and then once at the school make sure everything is as they expected. When their kung fu journey is over its my job to check in on them, and get feedback on their experience after they’ve had time to reflect. We do this with a view to keep our information on schools the most up to date and responsive to change. Additionally this offers us the chance to and also to see where we as a company can improve the services we provide for those who book their training through our StudyMartialArts.Org platform. So when Miguel ended his training at Maling Shaolin Kung fu Academy I decided to re-connect with him and get his feedback.

I helped Miguel seen in the picture to connect to Maling Shaolin Kung Fu Academy located in Xingyi City, Northern Jiangsu Province. The Headmaster of the school Bao Shifu founded the school in 2009. Master Bao is a 32nd generation Shaolin Warrior Monk and someone I knew from when he was a master teaching and Kunyu Shan Shaolin Kung fu Academy in Yantai Shandong. Now with his own school students can learn 7 different styles of Chinese martial arts. The main style is of course Shaolin Kung Fu, nevertheless you can also learn Baji Quan, Tai Chi, Xingyi, Qigong, Sanda (Chinese kickboxing), Wing Chun and Bagua.

Read the full review here.

Ever wondered why your Qi cultivation isn’t working?

Stumbled across this great quote and piece of advice from Adam Mizner. The Head instructor from Heaven Man Earth Internal Arts and the brains behind In my opinion one of the best online sites for learning Taiji quan around. 
“Why is my qi cultivation not working? Accumulating qi is like saving money, its not just what you earn that counts but most importantly what you spend. There are many ways that we deplete and spend our qi, but there is one main culprit, that culprit is the emotions. Strong unchecked emotions and excessive thought deplete the qi faster than we can accumulate it. This is why a balanced practice must also include cultivation of the self. Cultivation of a stable emotional body is a precursor to spiritual/not self work and also slows down the depletion of our qi.” – Adam Mizner
Adam has dedicated many years to the in depth study of Daoism, western Hermetics and the Buddha Dhamma, and teaches methods from these traditions. He is a senior lay disciple of Ajahn Jumnien in the Thai Forest tradition of Theravada Buddhism. This deep spiritual background has a large influence on his approach to Tai Chi and internal development teaching.


Check out his video from his channel on maintaining conditions.

Through a Lens Darkly (58): Contesting Wushu

Kung Fu Tea


I recently noted that it is necessary to begin historical discussions by specifying whether we are examining events (or practices) as they actually happened, or the evolution of ideas about them.  This is not to say that these two spheres are totally separate.  Indeed, our beliefs about what is proper, and where practices came from, tend to have a notable effect on how things like the martial arts develop.  But different types of research questions often call for their own sources and methods.

Once we decide that we are going to address the history of an idea, we must still specify who held these beliefs and how they evolved over time.  While ideas about martial arts might be more widely spread than their actual practice, they are still far from universal. Such images are always partial, fungible and slowly shifting.  It is that incompleteness that makes them useful to…

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Polishing the Sword

by Phillip Starr

I was teaching a class on use of the Chinese broadsword and a young man approached me with his sheathed weapon. He explained that it was a steel blade and asked if he could use it instead of a wooden replica. I asked him to unsheathe it and when he did, I saw several rust spots on the blade, indicating that this sword hadn’t been maintained at all for quite some time. I told him that he could use his broadsword and then spent several minutes chewing on him for failing to care for it.


Many gong-fu stylists own one or more weapons, from staffs to swords, and practice various forms with them. However, I have been surprised at the number of them who don’t bother to properly care for these tools. Metal weapons are unpolished and often pitted with rust, wooden weapons are sometimes just tossed into a corner. No respect is shown them at all. “But these aren’t REAL weapons” is the most frequent excuse I am given.

In a Japanese dojo, the weapons (most of which are wooden) are kept placed neatly on a rack against one wall (never the front wall where the kamiza is placed). Although a bokken is wooden and modelled after the steel katana, it is recognized as a very real weapon. It has been used in the past as a weapon and it’s perfect for practice; if it breaks, it’s easy and relatively inexpensive to replace. The same is true for most of the other weapons.

Chinese training halls really don’t exist in China, Most training is held outdoors and students, if they’re learning the use of a particular weapon, bring their own from home. These weapons are often unmaintained; oiling metal things such as swords is all but unheard of. This is terribly unfortunate. And brass polish (such as Brasso) is unheard of. I insist that all of my students who own traditional treat them with proper respect and keep them maintained. Even if a sword is wooden or, like the iaito (sword used in iaido training), unsharpened or made of a zinc alloy, they are to be treated as real weapons.

For instance, long wooden weapons, such as staffs and spears, should NEVER be leaned against a wall as this may foster warping, especially if the environment is warm and humid. If they can’t be kept on a proper rack, they can be laid on the floor beside a wall (where they’ll be less likely to be stepped on). Metal weapons should be polished and oiled regularly to prevent rusting and pitting.

Our weapons are “tools of the Way”; tools that can help us better understand our martial art and carry us further along the way. As such, they should be treated with the proper consideration and dignity.

Check out this video on how to clean and maintain a sword. 

Research Note: Kung Fu Diplomacy During the Cultural Revolution

Kung Fu Tea

An advertisement for a “revolutionary opera.” Many such shows were staged during the Cultural Revolution.

The History of Practice vs. The History of an Idea

This post continues an occasional series looking at the ways in which the traditional Chinese martial arts were discussed in the PRC’s propaganda and cultural diplomacy efforts from roughly the early 1950s to the early 1980s.  We have previously seen some newsreel footage of important martial artists during the early part of this period, as well as an English Language article on a critical event in the development of modern Wushu which was staged in 1953. This article is a little different in that it jumps ahead and examines a discussion of the TCMA dating to the final years of the Cultural Revolution.  Published in China Reconstructs (the PRC’s premier Cold War era English language propaganda magazine) it is an important (if somewhat…

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Martial Arts and Politics: Silat in Defense of Religion and the Malay Nation — Kung Fu Tea

Lawrence N. Ross. 2017. “Demi Agama, Bangsa dan Negara: Silat Martial Arts and the ‘Third Line’ in Defense of Religion, Race and the Malaysian State.” In Sophie Lemiere (eds.) Illusions of Democracy: Malaysian Politics and People. Vol. II. Strategic Information and Research Development Centre: Malaysia. Martial Arts and Modern Politics Over the last few […]

via Martial Arts and Politics: Silat in Defense of Religion and the Malay Nation — Kung Fu Tea

Kunyu Mountain Shaolin Kung fu Academy – Latest Review

by Samson James Land

I choose to study Kung fu in China , as China is its birthplace, and I wished to learn from the masters who would know it best, who wouldn’t let me give up and push me passed my limits, to reach a style, to push myself and to not let the masters, coaches or fellow students down, to show my respect for them.

Studying in Kunyu Asamcademy has given me many things, confidence in myself. Pride in my accomplishments, life time friends, discipline in both mind and body, and education of an amazing history. But my greatest gain from my training has to be my evolution. I have become a happier and better person since coming here.

Everybody helped me during the training. The master and coach pushed my limits further showing me new heights to achieve for. My group helped me feel welcome, as well as helping me learn. The school earned my respect and I would not let anybody down.

The lessons were hard, but the sense of pride gained when you overcome a precious barrier is ecstatic. The friends you will make help you in every way and in return you wish to help them too. The masters have knowledge to share if you are willing to learn and always help. They smile a lot and are friendly making you want to study harder. The translators are friendly and also teach you a lot.

The only way I can describe Kunyu Shan and the surrounding area is: Paradise on Earth. Everything is beautiful, the city has everything you will ever need. Kunyu Shan is now part of my family and I will be returning.

To book your place at Kunyu Mountain Shaolin Kung fu Academy simple click the link to learn more about the prices per month and to book your place.

Chinese Martial Arts in the News: March 22, 2019: Kung Fu and its Discontents — Kung Fu Tea

Introduction Its been over a month since our last news update, which means that there is no better time to get caught up on recent events! For new readers, this is a semi-regular feature here at Kung Fu Tea in which we review media stories that mention or affect the traditional fighting arts. In addition to discussing […]

via Chinese Martial Arts in the News: March 22, 2019: Kung Fu and its Discontents — Kung Fu Tea

Master Si Jun Tao – Wudang Taiji 24

This short post is dedicated to Master Si Jun Tao. Who in the video clip performs Wudang Taiji 24 Step. This summer I trained with him on Wudang Shan, and brought a group of students to learn both qigong, taichi at his school.

The school is uniquely located just 3.4 kilometres from the Golden Top. Staying at his school is a unique experience. You’ll be welcomed as one of the family and treated to expert taichi tuition followed by traditional Chinese tea.

Master Si Jun Tao’s daoist name is Li Jing and his lineage is of the Xuan Wu Sect of Daoism. Master Si Jun Tao has won a number of competitions for his Martial Arts. In the Shenzhen 5th wushu competition he received a gold medal for his fist and sword forms. In the Shenzhen 1st traditional martial arts boxing competition he received a gold medal for his staff form and in the traditional martial arts competition he won the 65kg Sanda title in 2007. Master Si Jun Tao focuses on helping his students reach their training goals. Master Si has a very pleasant nature and is currently in his mid thirties and is both energetic and enthusiastic about teaching his students.

www.StudyMartialArts.Org – Best for Martial Arts Adventure Travel & Training.