CBD Age Limit Requirements: How Old Do You Have to Be to Buy CBD?

  • Updated September 2, 2021

  • Published September 2, 2021

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CBD Age Limit Requirements: How Old Do You Have to Be to Buy CBD?

The legalities of CBD are confusing because of the distinction between CBD extracted from industrial hemp versus CBD extracted from the marijuana plant. The federal government made CBD legal when it is sourced from the industrial hemp plant, but each state has passed its own CBD laws. A common question is: How old to buy CBD does a person have to be?

Revisiting the Federal Law

At the federal level, the 2018 Agriculture Improvement Act 2018 (2018 Farm Bill) legalized the production of hemp crops. Interestingly, it did not include restrictions based on age. However, federal laws prohibit minors (people under the age of 18) from buying smokable or inhalable CBD products, like CBD vaping oils.

To grow industrial hemp, the farmer must obtain the appropriate permit from the Drug Enforcement Agency. The Farm Bill removed hemp removed from the list of Schedule I controlled substances which are substances that cannot be prescribed or sold. The 2018 Farm Bill did not address age but only made it possible for states to legally sell CBD products produced from industrial hemp if they so desire.

Industrial hemp is a cannabis Sativa plant that has less than .3 percent THC, the psychoactive compound in cannabis plants. In general, the CBD age requirement for purchasing products is either 18 or 21 years old at the state level.

Understanding State Laws

All states now allow the sale of CBD products made from industrial hemp, but each state has specific laws controlling the production and sale of CBD products.

State regulations address things like:

  • Source of the CBD
  • THC content
  • Age limit for buying CBD
  • Type of store where the CBD is sold, i.e. convenience store and smoke shops versus a CBD dispensary selling CBD products from industrial hemp and the marijuana plant, etc.
  • CBD possession limits
  • Special requirements, like a medical card
  • Evaluation of CBD oil and products by state regulators
  • Type of CBD products allowed to be sold, i.e. some states prohibit the sale of vaporizers

Several states are still refining their CBD laws. Depending on the state, you can expect:

  1. The age limit is 18 years old or older or the CBD age is a minimum of 21 years old.
  2. State laws may limit the type of CBD products that are legal.
  3. Brick and mortar retailers will usually ask for proof of age.
  4. Online retailers of CBD brands will ask whether the buyer is over 18 or 21 years old before allowing the purchase.

CBD that is produced from marijuana is illegal at the federal level, but some states have passed laws allowing the sale of CBD produced from marijuana. The laws for CBD with more than .3 percent THC are stricter.

CBD for Children

When it comes to CBD oil kids are a different matter. Legal CBD from industrial hemp will contain some THC if it is CBD full spectrum and a trace amount of THC if it is CBD broad spectrum. If you want to avoid giving a child any THC, even a trace amount, the safest product is CBD isolate which has all the THC removed during the production process.

It should be noted the FDA has approved three cannabis-related drug products to treat medical conditions that contain CBD, but the CBD is in a purified form or is a synthetic CBD.

CBD research is still in its early stages. It is important to understand that there has not been any extensive testing as to CBD’s safety and effectiveness for children.

Buying Products Containing CBD

CBD is used in a variety of products. You can purchase it as oils, tinctures, pills and capsules, topicals and edibles, to name a few. Of course, flavored gummies are very popular because they come in flavors.

People ask, “How old do you have to be to buy CBD gummies?” The same age rules apply to CBD products in every form. It is legal to buy CBD gummies if you are over the age of 18 or 21 and the CBD comes from industrial hemp.

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«How old do you have to be to buy CBD gummies?»
It is legal to buy CBD gummies if you are over the age of 18 or 21 and the CBD comes from industrial hemp.

Online Purchases of CBD Products

Can you buy CBD online? Yes, you can buy CBD products online and conveniently have the products delivered directly to your residence. However, there are some points to keep in mind.

  1. Given the fact that each state and some local districts have specific laws concerning the sale and consumption of CBD, it is important to know the laws of your state or local government.
  1. The federal, state and local laws apply whether you buy CBD products online or from a local retailer.
  1. If you travel out-of-state and transport CBD, you must adhere to the laws in the state you are visiting.

Safely Buying CBD Products

There is no single answer as to how old you must be to buy CBD products because it was left up to the states to determine age requirements. Just be aware some state laws are still in the process of being revised or finalized.

For most people, buying CBD online is the best way to shop for CBD products. It is important to purchase any CBD product from a retailer with a good reputation that offers access to third-party independent lab test reports. These vendors are transparent about content and will let you know if they are unable to ship CBD products to your state.

Sources

  1. https://www.ams.usda.gov/sites/default/files/HempExecSumandLegalOpinion.pdf
  2. https://www.agmrc.org/commodities-products/fiber/industrial-hemp
  3. https://www.fda.gov/news-events/public-health-focus/fda-regulation-cannabis-and-cannabis-derived-products-including-cannabidiol-cbd

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