How Old Do You Have to Be to Buy CBD?
Written by
Michael Levin
Medically reviewed by
Zora DeGrandpre
Summarize
Table of Contents
The legalities of CBD are confusing, partly 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 do you have to be to buy CBD?
There’s no single federal minimum age to buy hemp-derived CBD. States set their own rules, and retailers must follow them. Many places allow non-intoxicating CBD products at 18+, while 21+ is common for vapes and any intoxicating hemp items. Always check your state’s current requirements and the specific product type before making a purchase.
Revisiting the Federal Law
At the federal level, the 2018 Agriculture Improvement Act 2018 (2018 Farm Bill) legalized the production of hemp crops. Hemp (≤0.3% THC) was legalized at the federal level. However, the FDA still does not permit CBD in conventional foods or dietary supplements and continues to enforce this policy (including issuing warning letters).
Interestingly, it did not include restrictions based on age. However, many states set 21+ for inhalable hemp, and USPS rules effectively block mailing vapes to consumers except for narrow exceptions.
The Farm Bill removed hemp 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. To grow industrial hemp, farmers must obtain the appropriate permits from the Drug Enforcement Agency.
Industrial hemp is a Cannabis plant that has less than 0.3 percent THC, the psychoactive compound in cannabis plants. Generally, the minimum age requirement for purchasing CBD 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 laws regarding CBD. Depending on the state, you can expect:
- The age limit is 18 years old or older, or the CBD age is a minimum of 21 years old.
- State laws may limit the type of CBD products that are legal.
- Brick-and-mortar retailers typically require proof of age.
- 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 made from marijuana. The rules for CBD containing more than 0.3 percent THC are stricter.
CBD Products 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 that the FDA has approved three cannabis-related drugs that contain CBD to treat medical conditions such as intractable epilepsy in children. Still, the CBD is in a purified form or is a synthetic bioidentical CBD.
CBD research is still in its early stages of development. 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 in various forms, including oils, tinctures, pills and capsules, topicals, and edibles, to name a few. Of course, flavored gummies are very popular because they come in a wide range of flavors.
People ask, “How old do you have to be to buy CBD gummies?” The exact age rules apply to all forms of CBD products. In most states, it is legal to buy CBD gummies if you are over the age of 18 or 21 and the CBD comes from industrial hemp – but again, be sure to check the laws in your state.
«How old do you have to be to buy CBD gummies?»
IIt is legal in most states 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 purchase CBD products online and have them delivered conveniently to your doorstep. However, there are several key points to consider.
- 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.
- The federal, state, and local laws apply whether you buy CBD products online or from a local retailer.
- 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 that 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 their content and will inform you if they are unable to ship CBD products to your state.
Sources
- https://www.ams.usda.gov/sites/default/files/HempExecSumandLegalOpinion.pdf
- https://www.agmrc.org/commodities-products/fiber/industrial-hemp
- https://www.fda.gov/news-events/public-health-focus/fda-regulation-cannabis-and-cannabis-derived-products-including-cannabidiol-cbd
This overview is informational only and not legal advice.
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