The legality of CBD is a gray area that legal analysts continue to argue about. Remember how CBD can be derived from both cannabis and hemp plants? That plays a role in whether it is legal or not.
At the federal level, CBD derived from cannabis is considered a Schedule 1 substance and is illegal. But CBD derived from a hemp source containing less than .3% THC by dry weight is not illegal. The reason is that hemp is not a controlled substance.
CBD legalization is a hot topic. Regulations surrounding CBD legality will continue to evolve and fluctuate over time. The conversation has only just begun.