Do You Need A Prescription For CBD Oil?

This article has been reviewed and approved for accuracy by Dr. Craig Brandman, a cardiologist with more than 20 years of experience and a passion for helping consumers make informed health decisions.

If you thought asking your doctor for a work note was nerve-racking, you’ve probably never tried to get a recommendation for CBD. In a U.S. study of attitudes toward medical cannabis among primary care providers, half were not ready or did not want to answer patient questions about medical cannabis. 

Historically, THC and CBD have been linked together, but discussions and legislation have evolved to distinguish CBD from high-THC cannabis entirely. Given the ever-changing nature of the CBD industry, it’s only natural that questions of legality arise among the public. Namely, whether you need to seek a prescription for CBD oil or whether it can be sourced through other means. This article will answer that question and explain exactly how to get CBD in the U.S.  

Is CBD a drug?

To understand whether or not CBD is a drug, and therefore whether it requires a prescription, you first need to understand what CBD is. CBD, or cannabidiol, is a compound found in the cannabis plant. Legally, most CBD can’t be marketed as a drug, but most hemp-derived CBD can be sold as a supplement in many countries and states. 

At a federal level, the Drug Enforcement Agency still defines high THC cannabis as a Schedule I controlled substance or a drug with no currently accepted medical use and a high potential for abuse, with the exception of one seizure medication.

However, when derived from hemp (<0.3% THC), cannabidiol itself is not considered a controlled substance, thanks to the 2018 Farm Bill. This piece of federal legislation removed CBD from its designation as a Schedule I controlled substance and drug.

Do you need a prescription for CBD products?

Whether you need a doctor’s visit to access CBD oil depends on the type of CBD you’re looking for.

If the THC concentration of the plant it’s derived from is more than 0.3%, it is considered marijuana. Marijuana-derived CBD is produced for recreational and medicinal needs, with the latter available through doctors’ recommendations in some U.S. states. Only one CBD product, Epidiolex™, is currently marketed as a prescription drug in the U.S.

On the other hand, where THC concentration falls below 0.3% at the source, it’s called hemp. Given the shy presence of THC, non-drug, low-THC CBD oils, tinctures, and topicals are purchased either over-the-counter or online.

CBD isolates, which is where there is no presence of THC or other cannabinoids, terpenes or healthy fatty acids, are another form of CBD product that doesn’t require a prescription. The downside is that without the entourage effect, in which CBD becomes more effective when used with other compounds, it is far less potent.

Is CBD oil legal in all 50 states in the U.S.?

On a federal level, hemp-derived CBD oil is legal, but some state laws restrict the use of any product containing THC. With the exception of Idaho, Nebraska, and South Dakota, Ojai Energetics’ oils, tinctures, and gels can be safely shipped to any U.S. state. Marijuana-derived CBD, on the other hand, isn’t as freely available, as revealed below.

States where a recommendation for CBD oil isn’t required

In these states, both hemp-derived and marijuana-derived CBD oil is legal. You can purchase hemp CBD oil online or in-store and marijuana CBD through a dispensary.

  • Alaska
  • California
  • Colorado
  • District of Columbia (D.C.)
  • Illinois
  • Maine
  • Massachusetts
  • Michigan
  • Nevada
  • Oregon
  • Vermont
  • Washington

States where CBD with THC above 0.3% is medically legal 

In these states, hemp-derived CBD oil is legal and readily available, but CBD oil with more than 0.3% THC requires a doctor’s recommendation.

  • Arizona
  • Arkansas
  • Connecticut
  • Delaware
  • Florida
  • Hawaii
  • Louisiana
  • Maryland
  • Minnesota
  • Missouri
  • Montana
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • North Dakota
  • Ohio
  • Oklahoma
  • Pennsylvania
  • Rhode Island
  • Utah
  • West Virginia

States where only hemp-derived CBD is legal

In these states, medical and recreational cannabis use is illegal, meaning you’ll only be able to purchase hemp-derived CBD oil with less than 0.3% THC.

  • Alabama
  • Georgia
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Mississippi
  • North Carolina
  • South Carolina
  • Tennessee
  • Texas
  • Virginia
  • Wisconsin
  • Wyoming

Is CBD FDA approved?

With the exception of Epidiolex™, there are no FDA-approved CBD products. This means that when labeling and marketing CBD oils, distributors must not claim that CBD is a drug or that it can be used as a medical treatment. CBD is also not considered under the FDA’s Over-the-Counter drug review, meaning it’s most widely, yet unofficially, considered to be a supplement.

What is a prescription versus a recommendation?

You’ll hear us refer to doctors’ advice as recommendations rather than prescriptions because U.S. legislation differentiates between the two. In fact, licensed physicians can’t issue a prescription for CBD at all, instead opting for a recommendation or license to allow patients access to marijuana-derived CBD in some U.S. states and countries.

This is due to the Controlled Substances Act, which makes licensed physicians unable to prescribe any form of medical cannabis, as its classification as a Schedule I substance designates it as unsafe for medical use. 

How to get a CBD prescription

If you’ve googled “Doctors who prescribe CBD oil,” you’ve probably come across a herd of dodgy-looking sites claiming to grant you access to CBD. It’s up to you if you want to take the gamble, but first, consider whether spending your hard-earned bucks on a potential scam is worthwhile.

Your best alternative? Stick to what’s legal and safe, which in the U.S. is hemp-derived CBD oils. It’s perfectly legal to have low-THC CBD shipped to anywhere in the U.S., so you can reap the benefits of CBD use without the stress or hassle.

Ojai Energetics CBD oil not only works—but works in seconds. This is thanks to the patented water-soluble tech that allows users to feel effects in less than 30-seconds. This tech also means that this is one of the most bioavailable CBD products on the market, where one 250mg vial of our CBD is equivalent to approximately 5000 MG of other CBD commercially available.

With third-party testing and FDA-inspected manufacturing, you can be sure that our Full Spectrum Hemp Elixir is not only effective but safe.