Confused by CBD federal laws? You’re not alone. Between the 2018 Farm Bill, FDA rules, and state-by-state differences, it’s easy to miss important details that affect what you can buy, sell, ship, or grow.
This guide breaks down what U.S. regulations actually say—plain English, fact-checked, and practical. You’ll learn how federal hemp rules work, where the FDA draws lines, what “0.3% THC” really means, and how interstate shipping and labeling fit in.

CBD Federal Laws at a Glance

Quick summary of the current federal landscape:
  • Hemp (Cannabis sativa L.) and derivatives are federally lawful if they contain no more than 0.3% delta‑9 THC on a dry weight basis (2018 Farm Bill).
  • FDA: CBD cannot be marketed in interstate commerce as a dietary supplement or added to conventional foods. FDA has issued warning letters for unapproved health claims.
  • USDA: Oversees hemp production programs and testing for growers (licensing, sampling, and remediation rules).
  • Interstate transport of legal hemp is protected; states cannot block it. State consumer sales rules still vary.
  • “Intoxicating hemp cannabinoids” (e.g., delta‑8 THC) are a gray area; synthetically derived THCs remain controlled substances at the federal level.

What the 2018 Farm Bill Actually Did

The 2018 Agriculture Improvement Act (the “Farm Bill”) removed hemp from the federal Controlled Substances Act. Hemp is cannabis with no more than 0.3% delta‑9 THC on a dry weight basis, including seeds and all derivatives like CBD.

Key changes you should know

  • Legality: Hemp and hemp-derived CBD are not controlled substances if they meet the 0.3% delta‑9 THC threshold.
  • Interstate commerce: States cannot interfere with transporting compliant hemp across state lines.
  • Regulators: USDA regulates production; FDA regulates products entering the consumer market (foods, supplements, drugs, cosmetics).

Farm bill updates have extended the 2018 framework while Congress considers new provisions. Keep monitoring for changes that may affect intoxicating cannabinoids and testing standards.

FDA’s Position: CBD in Foods, Supplements, and Drugs

FDA treats CBD differently depending on the product type. Because CBD is the active ingredient in an approved prescription drug (Epidiolex), FDA has said CBD cannot be legally added to foods or marketed as a dietary supplement in interstate commerce.

What FDA allows and flags

  • Drugs: CBD is permitted in FDA-approved drug products under prescription.
  • Foods/dietary supplements: Not allowed in interstate commerce at this time.
  • Cosmetics: Possible if safe for intended use and without drug claims.
  • Claims: No disease treatment or prevention claims without FDA approval.

USDA Federal Hemp Rules for Growers

USDA’s final rule sets nationwide production standards implemented by approved state and tribal plans. These federal hemp rules cover licensing, testing, and handling of non-compliant crops.

What growers must do

  1. Get licensed under a state, tribal, or USDA plan.
  2. Use compliant sampling within the required pre-harvest window.
  3. Test in a DEA-registered lab for total delta‑9 THC (with measurement uncertainty).
  4. Remediate or dispose of “hot” crops over 0.3% delta‑9 THC (negligence standard applies).
  5. Keep records (tests, seed/lot info, disposal) as required by the plan.

Shipping, Travel, and Interstate Commerce

Mailing CBD

  • USPS permits mailing hemp/CBD products with ≤0.3% delta‑9 THC if compliant with federal and applicable state laws and documentation is retained.
  • Commercial carriers (UPS, FedEx) have their own policies—check before shipping.

Flying with CBD

  • TSA allows hemp-derived products with ≤0.3% THC; agents focus on security, not drug enforcement, but may refer issues to law enforcement.
  • Carry product labels and a recent Certificate of Analysis (COA) when possible.

Banking, Payments, and Advertising

  • Banking: FinCEN guidance permits banks to serve hemp businesses with standard due diligence; expect documentation requests (licenses, COAs).
  • Card processing: Varies by processor and risk policy; some restrict ingestible CBD.
  • Ads: Platforms like Google and Meta have evolving policies; claims must avoid disease treatment and be substantiated.

Labeling and Marketing Do’s and Don’ts

  • Do include: product identity, net quantity, ingredient list, manufacturer/distributor name and address, lot/batch, and a way to access a COA.
  • Do state: hemp-derived, and verify ≤0.3% delta‑9 THC by dry weight in your COA.
  • Don’t: make disease or drug claims (e.g., “cures anxiety,” “treats cancer”).
  • Don’t: market to children or mimic candy/fruit snacks in ways that could attract minors.

Real-Life Experience: A Small Retailer Navigates the Rules

Maya runs a wellness shop in Colorado. When a customer in New York asked for a hemp CBD tincture, Maya checked her supply’s COAs to confirm ≤0.3% delta‑9 THC and verified batch numbers matched labels.

She used USPS, retained documentation (licensing, COA) per policy, and avoided any therapeutic claims on her website. The package arrived without issues. Later, her bank asked for updated COAs and her state reseller certificate—she provided both and kept her merchant account active. This is a typical, compliant workflow under current rules.

How CBD Federal Laws Interact with States

Federal law sets a baseline (what counts as hemp, interstate transport, and FDA authority). States control retail sales, age limits, taxes, and product testing. That’s why national CBD laws feel different in each state.

  • Some states permit CBD in foods; others restrict ingestibles.
  • Many states regulate or ban intoxicating hemp cannabinoids like delta‑8.
  • Retail licenses and lab testing may be required beyond federal standards.

Step-by-Step: Practical Compliance Checklists

For Consumers

  1. Verify the COA: Match brand, product, and batch; confirm ≤0.3% delta‑9 THC.
  2. Scan for contaminants: Look for tests on pesticides, heavy metals, solvents.
  3. Avoid big claims: Steer clear of products claiming to “treat” diseases.
  4. Check your state’s rules on ingestibles and delta‑8/delta‑10 before buying.
  5. Travel smart: Keep products in original packaging with COAs handy.

For Businesses

  1. Source compliant hemp: Written supplier assurances and COAs per lot.
  2. Label correctly: Required statements, batch/lot, and COA access (QR code).
  3. Claims review: Remove disease claims; train staff on compliant messaging.
  4. Payments/banking: Choose processors that support hemp; maintain documentation.
  5. Shipping SOPs: Follow USPS or carrier rules; retain shipment and product records.
  6. State registrations: Obtain any needed retail/manufacturing licenses and testing.

Farm Bill Updates: What to Watch

  • Definitions: Proposals to count “total THC” or address intoxicating hemp cannabinoids.
  • Testing: Potential tweaks to sampling windows and negligence thresholds.
  • Consumer safety: Momentum for national standards on labeling and age restrictions.

Until new legislation passes, the 2018 framework remains in force through extensions. Keep an eye on congressional developments and agency rulemaking.

Common Misconceptions

  • “Hemp is legal, so CBD can be in any food.” False. FDA still prohibits CBD in interstate foods/supplements.
  • “Delta‑8 is fully legal.” Not necessarily. Synthetically derived THCs remain controlled; states often restrict or ban them.
  • “COAs are optional.” Regulators and payment providers increasingly expect them.

Risks and Safe Use

  • Drug interactions: CBD can affect metabolism of some medications—talk to a healthcare professional.
  • Drug testing: Some products may contain trace THC that could trigger a positive test.
  • Quality: Choose brands with transparent testing and good manufacturing practices.

Conclusion: Navigate CBD Federal Laws with Confidence

CBD federal laws create a clear baseline—hemp with ≤0.3% delta‑9 THC is lawful and can move between states—but FDA limits still apply to foods and supplements, and states add their own rules. Use reliable COAs, label correctly, avoid drug claims, and monitor evolving policy.

FAQs

Is CBD legal federally in the U.S.?
Yes—if it’s derived from hemp with ≤0.3% delta‑9 THC by dry weight. However, FDA does not allow CBD to be marketed in interstate commerce as a dietary supplement or added to conventional foods.
Can I mail CBD products?
USPS permits mailing compliant hemp/CBD products (≤0.3% delta‑9 THC) when all federal and applicable state laws are met and documentation is retained. Check carrier policies and keep COAs.
Can brands sell CBD as a dietary supplement?
Not under current FDA policy. Because CBD is an approved drug ingredient, it’s excluded from dietary supplements and conventional foods in interstate commerce.
What’s the difference between hemp and marijuana under federal law?
Hemp is cannabis containing ≤0.3% delta‑9 THC by dry weight. Marijuana (cannabis above 0.3% delta‑9 THC) remains a Schedule I controlled substance federally.
Are delta‑8 and other intoxicating hemp cannabinoids legal?
It depends. Federal law excludes hemp from control but says synthetically derived THCs remain controlled substances. Many states restrict or ban delta‑8/‑10 regardless of source.
Do I need a license to grow hemp?
Yes. You must be licensed under a state, tribal, or USDA hemp production plan and follow sampling, testing, and recordkeeping rules.