How old do you have to be to buy CBD? You have to be 18 or 21 years old to buy CBD – at least on the surface. The regulations around hemp oil aren’t as clear-cut as many of us believe.
The long answer to the CBD age limit question is a lot more complicated because the CBD and legal marijuana landscapes are still tricky to navigate. Consequently, the CBD legal age gets hazy.
Even if you’re old enough to buy hemp or marijuana CBD products, there’s no guarantee you won’t face potentially serious criminal charges.
You’d actually be surprised how vague and complicated the age restrictions on CBD products are. If you plan to try CBD from a health supplier or dispensary, learning the laws is critical.
Or we can do it for you. While the following isn’t an exhaustive list of every rule in every state, it’ll better equip you to avoid any pesky legal complications. So can you buy CBD at 18, or do you have to be 21? Are these enforceable?
Let’s find out.
Is CBD Legal?
The difference between hemp-derived CBD and cannabidiol from “marijuana” has nothing to do with botany but legal jargon. Both belong to the cannabis genus under the plant species Cannabis sativa L.
Cannabis with less than 0.3% is labeled “hemp,” while “marijuana” contains over 0.3% THC by dry weight. Keep in mind; these numbers are completely arbitrary.
The 2018 Farm Bill federally legalized hemp cultivation. This change means you can’t face federal charges for the purchase or possession of CBD hemp oil. However, that doesn’t mean other states agree.
CBD oil and other extracts can come from “hemp” or “marijuana,” but age restrictions depend on the substance and applicable state laws.
We’ll dive into that shortly.
How Old Do You Have to Be to Buy CBD?
You have to be at least 18 to purchase hemp plant CBD products and related extracts in most states, although some require you to be 21. But CBD minimum age restrictions aren’t exactly written in stone – most aren’t written at all.
There’s no official federal legal age since CBD laws vary from state to state, according to Buscher Law. The law firm also explains the “legal in all 50 states” claim about CBD isn’t completely true. While hemp cultivation has the federal government’s blessing following the 2018 Farm Bill, states aren’t required to follow suit; many haven’t.
States have their own drug laws, which might list any cannabis derivative as illegal. Others don’t have CBD policies about age (or anything related).
For instance, Buscher Law advises that Washington D.C. – a state with legal marijuana – considers all extracts as “hashish” – a powerful cannabis concentrate. CBD incidentally falls under that category. Consequently, possessing CBD oil or other related products could lead to serious jail time.
Another example is Kansas, which allows hemp cultivation for industrial purposes only.
Due to the legal ambiguity, vendors self-regulate and set their age requirements – usually 18, but some extend to 21. In places with no established rules, it’s up to a vendor’s discretion.
Reputable online CBD companies or brick and mortar stores require age verification when purchasing CBD. Unfortunately, unscrupulous websites, smoke shops, or vape lounges might not implement age restrictions to buy hemp-derived CBD.
If they don’t, that’s a huge red flag that could ultimately pose a health hazard.
Why Does it Matter How Old You are to Buy CBD?
The CBD age limit – even if not official – matters for the same reason we don’t sell alcohol or tobacco to minors. CBD extracts products that could impact a child’s health. Although there’s little cause for concern, the unregulated industry makes it unsafe.
Full-spectrum CBD also contains trace amounts of THC. But as we learned from the FDA in 2017, many of those “trace amounts” could be downplayed or faked by shady CBD companies.
THC is known to potentially harm developing brains, which is why age restrictions on recreational marijuana-derived CBD are so much tighter.
There’s also the issue of consent. Can a minor make informed health decisions, especially about an unregulated product?
List of States Requiring at Least 18 Years as the CBD Age Limit
Hemp CBD oil is still a controversial commodity. Consequently, it’s impossible to accurately pinpoint the legal CBD age limits as laws rapidly adapt. The best way to find out is to research your state’s laws.
However, most states appear to follow the same pattern. They align CBD age restrictions with those of tobacco or alcohol. The government and vendors may require you to be 18 or 21 before you’re eligible to purchase CBD.
The main difference is whether these regulations are legislated or proactively implemented by the free market.
Are There Specific Age Limits to Buy Different Types of CBD?
In areas with CBD age limits, oils aren’t a huge concern for authorities. Broad-spectrum and isolate products contain no THC, while full-spectrum isn’t supposed to carry more than 0.3% by dry weight.
However, the Consumer Choice Center – a consumer advocacy group – argues that CBD age restrictions should be at 18 for smokable hemp products. They view oils, topicals, and other similar items as medicinal, and therefore see no need for age restrictions.
That being said, inhalable CBD was age-restricted by default. The Center for Advancement of Health explains how changes to e-cigarette laws in late 2019 banned the sale of vapes for those under 21.
These laws were meant to address nicotine e-cigarettes, but also apply to any e-liquid or vape oil.
The few (but growing) vendors who offer dry hemp, such as joints, are also required to verify age before selling these products.
CBD from Hemp vs. CBD from Marijuana
The difference between hemp-derived CBD and cannabidiol from “marijuana” has nothing to do with botany but legal jargon. Both belong to the cannabis genus under the plant species Cannabis sativa L.
Cannabis with less than 0.3% is labeled “hemp,” while “marijuana” contains over 0.3% THC by dry weight. Keep in mind; these numbers are completely arbitrary.
CBD oil and other extracts can come from “hemp” or “marijuana,” but age restrictions depending on the substance and applicable state laws.
Marijuana-Derived CBD Products
In states with legal recreational cannabis, 21 is the minimum age to buy CBD (or THC) products made from “marijuana” – cannabis containing 0ver 0.3% THC. Marijuana sales and legislation are also comparatively messier than those surrounding hemp oil and other CBD extracts.
If you’re 21, you can buy marijuana from legal dispensaries.
Can a Parent Give a Child CBD? Is it legal?
Parents seem to find CBD helpful in treating various 0symptoms, so it’s only normal for them to consider trying it for their kids.
Children consuming CBD is far from new. Epidiolex – the first prescription CBD drug – is intended for children as young as two for specific forms of epilepsy. The FDA appears to support CBD in this single area.
Is it safe for minors and children to take CBD?
In most cases, CBD has not been evaluated by the Food and Drug Administration (FDA) and is not intended to diagnose, treat, cure, or prevent any condition – except one.
After substantial clinical research, the FDA approved Epidiolex, the first CBD-derived prescription drug. GW Pharmaceuticals designed it to treat Dravet Syndrome and Lennox-Gastaut Syndrome (LGS). These are rare forms of severe childhood epilepsy resistant to conventional medication. Children as young as two years of age respond well to the drug, dramatically reducing these seizures.
Based on what we see so far, CBD appears fairly safe with no potential for abuse – with the exception of some drug interactions.
However, the Child Mind Institute has some concerns. Their reasons echo the same things most consumers and regulators worry about, including:
- Possible contaminants
- Inaccurate or deceptive labeling
- Higher THC content
- Too much or too little CBD
- Lack of consistency between products
Can a minor buy CBD online without proof of age?
A minor can buy CBD online without proof of age. In a perfect world, this wouldn’t be the case. Again, though, many vendors don’t care. “Age verification” usually means clicking “Yes” when asked if you’re of age.
You have to be at least 18 (or 21 in some states) to buy CBD oil products online. In this case, the issue isn’t just CBD age restrictions. Most vendors only accept credit cards, making it more difficult (but not impossible) for a young person to purchase CBD.
But realistically, it’s unlikely for a minor to try and get CBD oil since it has no recreational value.
Tips for Buying CBD
With the CBD industry being a largely uncharted territory, it’s hard to tell if CBD oil is good at first glance. Still, there are some signs that your CBD vendor provides excellent extracts.
Watch for:
- Cold CO2 extraction
- Organic, Certified Organic, or organically-grown
- Third-party testing
- Lab results available
- No added terpenes
- No artificial ingredients
- Higher potency (CBD per milliliter)
Summary: How Old to Buy CBD
How old you have to be to buy CBD depends on the product and your location. Industrial hemp is federally legal, but some states limit or ban it. At the same time, marijuana is federally illegal, with a handful of states allowing access at 21 years old.
Age limit aside, given CBD’s lack of intoxicating properties, it’s doubtful someone below legal age will buy CBD online or in stores.
The 2018 Farm Bill was supposed to be a sweeping change to cannabis cultivation. Sadly, it created the mistaken assumption that the government made CBD legal in all 50 states. Some states made CBD legal, while others banned the possession or sale of CBD online or in stores. This is the natural consequence of regulators and lawmakers erroneously lumping CBD and THC together.
Hopefully, one day CBD may be more accepted with common-sense regulation on age limits depending on the types of cannabis plants.
Keep in mind CBD is largely uncharted territory. Consumers – especially minors – should always seek medical advice from a health professional about the potential drawbacks or benefits of CBD.
Sources:
- 50 state Hemp & CBD Legality: Is CBD legal in my state? Buscher Law LLC. (n.d.). https://www.buscherlaw.com/state-hemp-legality.
- Bonn-Miller, M. O., Loflin, M. J., Thomas, B. F., Marcu, J. P., Hyke, T., & Vandrey, R. (2017). Labeling accuracy of cannabidiol extracts sold online. JAMA, 318(17), 1708. https://doi.org/10.1001/jama.2017.11909
- Ossowski, Y. (2019, May). Smart Regulation of Products Containing Cannabis or Cannabis-Derived Compounds, specifically cannabidiol (CBD). https://www.fda.gov/media/128474/download.
- Julia, N. (2021, July 29). Cbd age limit requirements: How old do you have to be to buy cbd? CFAH. https://cfah.org/cbd-age-limit-requirements/.
- FDA. (2018, June 25). FDA approves first Drug comprised of an active Ingredient derived from marijuana to Treat RARE, severe forms of epilepsy. U.S. Food and Drug Administration. https://www.fda.gov/news-events/press-announcements/fda-approves-first-drug-comprised-active-ingredient-derived-marijuana-treat-rare-severe-forms.
- Martinelli, K. (2019, October 23). Cbd: What parents need to know. Child Mind Institute. https://childmind.org/article/cbd-what-parents-need-to-know/.
