CBD and the Law in 2025: What’s Legal, What’s Risky, and What You Must Know

CBD and the Law in 2025: What’s Legal, What’s Risky, and What You Must Know

Posted By Marco Champion on

If you’re working in or consuming hemp-derived CBD products in 2025, you’re navigating one of the most dynamic and misunderstood areas of federal and state law.

CBD is often advertised as “legal in all 50 states,” but that’s not entirely accurate. While the federal government has legalized hemp and its derivatives under specific conditions, state laws vary widely, enforcement is inconsistent, and the FDA still hasn’t fully established a regulatory framework.

This post will give you a straightforward overview of CBD’s legal status in the United States as of 2025 — and what you must know to stay compliant and safe.

What the 2018 Farm Bill Actually Legalized

The Agriculture Improvement Act of 2018 (commonly known as the Farm Bill) removed hemp from the Controlled Substances Act (CSA) and defined it as:

“The plant Cannabis sativa L. and any part of that plant, including the seeds, derivatives, extracts, cannabinoids, etc., with a delta-9 THC concentration of not more than 0.3% on a dry weight basis.”

This is key: CBD is legal under federal law only if it is derived from hemp and contains <0.3% delta-9 THC.

That legalization opened the door to thousands of hemp-based CBD products, but it didn’t resolve all regulatory concerns — especially regarding how CBD is sold, marketed, and consumed.

What the FDA Has (and Hasn’t) Done Since

As of 2025, the FDA has not approved CBD as a dietary supplement or food additive, except for Epidiolex (a prescription-grade CBD drug).

This creates a legal gray area for companies that market ingestible CBD products such as:

  • Gummies
  • Softgels
  • Tinctures
  • Beverages

While enforcement has been inconsistent, technically, these products violate FDA policy if they’re marketed with disease claims or positioned as supplements.

Topical CBD products, such as creams, salves, and roll-ons, are generally viewed as cosmetics and have faced less scrutiny — particularly when they avoid therapeutic claims.

State-Level Law: Not All States Follow Federal Lead

Even with federal legalization, states retain control over how hemp-derived CBD is regulated, sold, and labeled. Here’s the general breakdown:

State Category Summary
Permissive (e.g., Colorado, Oregon) Retail CBD fully legal. Few restrictions.
Moderate (e.g., Texas, Florida) Legal with product testing, labeling, or registration requirements.
Restrictive (e.g., Idaho, South Dakota) CBD legal only if it contains 0% THC or requires special medical registration.

If you're operating a CBD business, it's essential to track state laws where your products are sold or shipped. Some states require:

  • Registration with health departments
  • Batch-specific COAs
  • QR codes on labels
  • Prohibitions on certain cannabinoids (e.g., delta-8, CBN)

Traveling with CBD

  • Domestic Travel (U.S.):
    You can legally travel with hemp-derived CBD, provided it’s under 0.3% THC and complies with TSA regulations. That said, certain airports or state jurisdictions (like Idaho) may still flag products with any trace THC.
  • International Travel:
    Do not assume CBD is legal abroad. Countries like Japan, UAE, Singapore, and Russia have strict prohibitions, and travelers have been arrested. Always verify with the destination country’s consulate.

Legal Compliance Checklist for Consumers & Brands

Whether you're buying or manufacturing, here’s what you should expect from a legally compliant CBD product:

COA (Certificate of Analysis) — Third-party test results confirming cannabinoid content and THC levels
Accurate labeling — Total CBD (in mg), batch number, THC content clearly displayed
Product type disclosure — Full-spectrum, broad-spectrum, or isolate clearly stated
THC below 0.3% — Verified on final product, not just the raw extract
No medical claims — Marketing should never say “treats anxiety,” “cures pain,” etc. unless FDA-approved

If you're running a CBD brand like CureCBD, these elements aren’t optional — they are baseline protections against regulatory action and consumer mistrust.

New Trends in 2025 Regulation

Here are three legal trends that will define CBD in 2025 and beyond:

  • Stricter state enforcement on minor cannabinoids

    • CBN, CBG, delta-8 THC, and THCV are being regulated separately in many states. Label them properly or avoid them unless compliant.

  • QR codes with batch-level traceability

    • More states now require QR codes linking to COAs — this is becoming standard.

  • Retail bans on non-compliant ingestibles

    • Major retailers (e.g., Walmart, Amazon, CVS) will not carry CBD ingestibles unless FDA-compliant.

Summary: Is CBD Legal in 2025?

Yes — under the following conditions:

  • It is derived from lawful hemp
  • It contains <0.3% delta-9 THC
  • It is properly tested and labeled
  • It does not make medical claims
  • It is legal in the state where it is sold/used

The FDA still prohibits CBD in foods and supplements, but enforcement remains light unless claims are egregious.

Why This Matters

Whether you're a consumer trying to buy responsibly or a brand formulating topicals or ingestibles, the legal framework matters.

Get it wrong, and you're exposed to:

  • Product seizures
  • Warning letters
  • Retail bans
  • Class-action lawsuits

Get it right, and you build a foundation of trust and longevity in the market.

Call to Action

Want to stay compliant?
CureCBD’s entire line is Farm Bill-compliant, third-party tested, and labeled to meet 2025’s evolving standards. No shortcuts. Just clean, legally sound CBD that works.
Explore compliant products

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