General CBD Legal guidelines
by Bay Mountain AG
Is CBD Legal?
This is the second most common question from our market customers.
Following is a general summary of information on today’s CBD laws on the Federal Level and State of CT. Suffice to say, the laws in this area are and will continue to evolve in the future.
I am not a lawyer. The following is for information purposes, in an attempt to answer a very common question that many people ask us at the markets. Hope this helps!
Under the 2018 Farm Bill, CBD products from hemp with THC levels less than .3 percent are legal federally, but still may be illegal or restricted under some state laws.
CBD products with THC levels that exceed .3% are considered marijuana and are illegal federally but may be legal under some state laws for medical use (thru dispensary like stores).
As of Feb 2022, thirty-seven states, three territories, and DC allow some type of medical marijuana use.
As of May 2022, 19 states, two territories and DC allow some type of recreational/non-medical use of marijuana or CBD products with .3% or more THC.
Since the Farm Bill leaves the responsibility to legalize hemp to the states, the legality of CBD under state law is often overlooked, and possibly more important than federal in terms of potential legal consequences.
STATE of CT Requlations
CT follows federal law requiring hemp contain less than .3 THC, and tests HEMP to ensure the levels are complied with. Anything testing above .3 THC is considered marijuana and must be purchased through a dispensary.
Delta products with THC levels greater than 0.3 percent are available to patients in the Medical Marijuana Program at their approved dispensary facility.
With a medical marijuana card, a person can grow up to three marijuana plants in vegetative state, and 3 in flower. This number can increase to six if more than one person in the household has a medical marijuana card.
Earlier this year, CT expanded cannabis use to recreational on home growing.
Starting 7-1-2023, all adults will be able to home-grow recreational cannabis plants for personal use, having up to three plants in vegetative state and three in flower.
The new rules require the cannabis be grown inside in a location not visible from the street, and where youngsters 21 years of age and younger cannot access the plants.
I hope this info helps you understand the muddy and changing area of CBD law. These guidelines are informational and not meant as legal advice. Contact an attorney, your state-specific laws, and/or state hemp association for the current status and changes.