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CBD and Hemp Legality in Vermont: Cannabis & Hemp Laws 2021 Update


2021 Update

As of July 1, 2018, possession of one ounce or less of marijuana by a person 21 years of age or older, is no longer punishable by a civil penalty or fine. Possession is legal, retail sales is not. 

No updates have been made to hemp- CBD laws in Vermont.

In addition to the federal hemp laws laid out in the 2018 Farm Bill, each state has its own state hemp laws. Before we dive in on Vermont Hemp Laws and the legality of CBD in Vermont, it is important to understand the different types of hemp and CBD products that these laws may be applied to.

Is CBD legal in Vermont

There are many (somewhat confusing) terms for hemp oil:

FAQ: Hemp and CBD Legality in Vermont

When it comes to buying CBD products, hemp flower, and hemp cigarettes here are some frequently asked questions that come up:

Is Full Spectrum CBD Legal in Vermont?

That is a trick question because full-spectrum CBD is not the same as the so-called PCR Hemp Oil! This new marketing term is certainly introducing even more confusion around CBD products.

Vermont allows the sale and production of CBD and hemp products. Vermont hemp laws even permit product to have up to 1% total THC as long as they meet the federal requirement of less than 0.3% delta-9-THC.

Is It Legal to Ship PCR Hemp Oil to Vermont?

It is legal to ship ALL types of hemp products with less than 0.3% THC to all US States according to the 2018 Farm Bill.

Where to Buy Full Spectrum CBD Oil in Vermont?

In Vermont you can buy CBD and hemp products online or in stores.

Do you need a special license to purchase PCR Hemp Oil in Vermont?

You don’t need a special license to purchase CBD hemp oil (all types) in Vermont, only to grow, test, or sell products.

How Does Vermont Legally Define Hemp?

Hemp means the plant Cannabis sativa L. and any part of the plant, including the seeds and all derivatives, extracts, cannabinoids, acids, salts, isomers, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. The cultivation of hemp shall be subject to and comply with the required agricultural practices adopted pursuant to 6 V.S.A. § 4810.

Vermont Hemp Program Rules

Growing and Selling Hemp in Vermont

Vermont hemp growers and handlers must be registered and licensed with the state. They have a very well defined legal process to follow. Hemp and CBD products must comply with Vermont hemp laws:

In addition to Vermont state CBD laws and the 2018 Farm Bill hemp laws, the US Food and Drug Administration (FDA) has additional requirements for CBD and hemp companies to meet.

Vermont state hemp laws allow for CBD products such as:

CBD Labeling Requirements for Vermont

Under Vermont hemp laws, “Section 11 Requirements for Labeling Hemp Products and Hemp-infused Products” requires that all hemp products or hemp-infused (CBD) products produced in Vermont must be labeled and traceable to a certificate of analysis for all cannabinoid content label guarantees.

First, Vermont hemp laws actually set a legal definition for the types of CBD products and require that their formulations meet the state’s definitions:

11.3. All label claims using the term “whole plant,” “isolate,” “full spectrum,” “broad spectrum,” and/or “distillate” shall comply with the applicable definition contained in these rules.

Vermont Hemp Program Rules

Next, Vermont hemp laws lay out mandatory label information that is required for all hemp and CBD products produced in the state:

Finally, the Vermont hemp laws explain that in a situation where a CBD product is also an FDA-approved Dietary Supplement, those label requirements (and other requirements) supersede the state requirements. This is significant because there has long been a push for the FDA to classify CBD as a dietary supplement and regulate it accordingly. While that action is anticipated, the FDA continues to draw it out in hopes of making more money off of clinical trials for CBD pharmaceuticals like Epidiolex.

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