It’s no secret that the CBD industry is booming. As the use of cannabidiol (CBD) continues to skyrocket, consumers interested in the popular cannabinoid are curious about buying CBD and the laws that surround it.
Thanks to the 2018 Farm Bill, CBD is legal at the federal level.
But how old do you have to be to use it? Can you buy CBD under 18? Or do you have to be 21+ to purchase hemp-derived CBD products?
Here we’ll take a closer look at the age restrictions on CBD products, the difference of hemp-derived CBD from marijuana derived CBD and how you can make sure CBD oil products are the highest-quality you can find.
- CBD products are legal in the US, but age restrictions can vary by state.
- Some states require you must be at least 18 when buying CBD, while others have an age restriction that requires you must be at least 21.
- CBD oil derived from hemp is federally legal, while CBD derived from marijuana remains illegal at the federal level.
- When selecting CBD oil products, always insist on products that have been third-party tested.
Is CBD Legal?
Yes, hemp derived CBD products are legal under the 2018 Farm Bill.
According to federal law, hemp is defined as cannabis plants that contain less than 0.3% THC. Any cannabis plant with concentrations of THC higher than 0.3% is defined as marijuana.
That said, CBD derived from hemp is federally legal, while CBD derived from marijuana is federally illegal.
CBD products of all forms have become increasingly popular, and most states allow the sale of hemp-derived CBD products.
While the Farm Bill doesn’t outline any age restrictions when it comes to CBD, states can determine their own laws regarding hemp-derived products. There are a few states that have enacted age restrictions when it comes to the sale of CBD products.
Age Restrictions on Buying CBD
CBD doesn’t produce the same intoxicating effects as THC. In fact, it doesn’t produce any psychoactive effects at all.
While there aren’t any age restrictions on hemp-derived CBD outlined at the federal level, the FDA has made the following statement about suggested age requirements for specific CBD products:
“If any category of CBD is to be age-restricted, only smokable flower or vaping oils should be sold only to legal adults (18+). However, other forms of CBD (cremes, oils, topicals, edibles, etc.), considering its medical benefit, should not be age-restricted.”
Even so, some states have enacted age limits on all CBD products, including CBD edibles, CBD topicals, CBD gummies, CBD flower and any other CBD extracts.
It’s simple. Because some CBD products contain trace amounts of THC. The small percentage of THC in CBD products isn’t enough to make you high, but some states have still placed age restrictions on CBD products.
The minimum age to buy CBD varies from state to state, ranging from 18-21 years of age.
In Delaware, Pennsylvania, and Nevada you must be 18 to buy CBD. In New York, you must be over the age of 21 to purchase CBD vapes and smoke products.
With cannabis laws constantly changing, CBD age limit requirements also consistently change. We always recommend staying up-to-date with your local and state laws.
State-by-State Breakdown Of CBD Age Restrictions
Like we mentioned, age restrictions of CBD sales are up to state discretion. Following you’ll find a state-by-state breakdown of how old you must be to purchase CBD.
States With No CBD Age Limit
The following states don’t have any age restrictions on CBD products:
- Alabama (must be a registered MMJ patient to legally purchase CBD)
- New Jersey
- West Virginia
States You Must Be at least 18 To Purchase CBD Products
The following states require people to be 18 or over to purchase hemp derived CBD:
- New Hampshire
- New Mexico
- New York
- North Carolina
- North Dakota
- South Carolina (must have a prescription)
- South Dakota
States You Must Be at least 21 To Purchase CBD Products
In the following states, only people 21 and over can legally purchase CBD:
- Rhode Island
What is Hemp-Derived CBD?
Hemp-derived CBD is derived from the hemp plant and must contain a concentration less than 0.3% THC. This is different from marijuana derived CBD, which contains more than 0.3% THC.
Any CBD product that is federally legal must be derived from industrial hemp.
CBD from industrial hemp falls under three different categories:
- Full Spectrum CBD Products: Contains trace amounts of THC and an array of other cannabinoids and other cannabis compounds like terpenes and flavonoids (must contain 0.3% or less THC to be considered federally legal).
- Broad Spectrum CBD Products: Contains zero THC, but still contains other cannabinoids, terpenes and flavonoids.
- CBD Isolate Products: Only contains CBD, with THC and all other cannabinoids and cannabis compounds removed.
Hemp derived CBD from industrial hemp ensures that a CBD product is legit under federal law.
That said, you don’t have to be 18 to buy CBD as long as it’s a hemp derived CBD extract. And since the federal government legalized hemp and hemp CBD products, there isn’t any CBD age restriction under federal laws.
What is Marijuana-Derived CBD?
Marijuana-derived CBD is derived from marijuana plants that possess a concentration of THC that is over 0.3%.
All cannabis plants that contain more than 0.3% THC are defined as marijuana under the Farm Bill.
Marijuana-derived CBD is prohibited in several states, save for those who have enacted medical or recreational marijuana laws. This means all marijuana derived CBD products are illegal unless states have a medical marijuana program or have passed recreational marijuana laws.
Most marijuana derived CBD products are only available to individuals over the age of 18. This CBD age limit requirement ensures minors aren’t able to purchase CBD oil or other marijuana derived CBD products.
Is it Legal to Give Kids CBD Products?
It all depends where you live.
While there aren’t any federal age restrictions when it comes to , it’s important to keep in mind that states have their own age requirements regarding CBD sales to minors.
If you’re interested in giving your child CBD products, we recommend checking your local and state laws.
In Mississippi, for example, parents and guardians can give CBD to minors in their care as they have approval from a physician participating in the state’s medical program.
What Are The Risks of Using CBD Oil for Children?
Due to a lack of clinical testing , the potential risks of CBD for children aren’t yet fully understood.
While there are numerous potential health benefits of using CBD oil, this doesn’t mean there isn’t a risk of adverse effects. Some experts, for example, have raised concerns about liver damage, contraindications with other medications and other potential side effects.
It’s recommended that those interested in giving CBD to minors to consult with their healthcare provider beforehand. This is important to ensure products are appropriate for the needs of the child, as well as reducing the chance of any potential risks.
It’s also important to ensure you’re purchasing high-quality, federally legal CBD products.
How To Buy High-Quality & Legal CBD Products
The only way to ensure your CBD products are legit is through third-party lab testing. When purchasing CBD, look for the Certificate of Analysis (COA) that guarantees your product contains exactly what’s listed on the label.
Some brands offer potency only lab testing, while some offer full panel tests. Potency only tests for cannabinoid concentrations, while full panel testing determines if your product contains any potential contaminants like heavy metals, pesticides, mold and more.
If you’re interested in purchasing high-quality, legal CBD products, it is important to research the provider and their products thoroughly.
Insist on reputable brands that offer COAs that prove their CBD products are legal, meaning they’re derived from hemp and contain less than 0.3% THC.
By following these guidelines, you can rest assured knowing you’re purchasing high-quality, legal CBD products that benefit your own unique needs.
The Takeaway: Can You Buy CBD Oil If You’re Under 18?
It all depends where you live.
Some states yes. Some states no.
While there’s zero federal regulation on CBD age limits, states are free to enact their own cannabis laws.
That said, a lot of states require you must be at least 18 to buy CBD. There are also states that require CBD consumers to be 21.
When it comes to purchasing CBD oil products, it is important to be aware of the age limit restrictions in place in your state.
If you’re old enough to buy CBD in your state, make sure to purchase your CBD products from a trustworthy source.
Frequently Asked Questions
What age can you take CBD?
Under federal law, there are no age restrictions on taking CBD.
That said, certain states have enacted their own laws when it comes to CBD age restrictions.
Can 18 year olds buy CBD in California?
Yes! In California, the minimum age to purchase CBD products is 18..
Do you have to be 18 to buy CBD in NY?
Yes, you have to be at least 18 to buy CBD in New York.
Can you buy CBD oils at 18 in Arizona?
Yes. There are no age restrictions in Arizona for purchasing CBD products.
Do you have to be 21 to buy CBD in Texas?
No, there is no age limit whatsoever to buy CBD in Texas.