Most states (and countries) do not consider CBD oil to be marijuana. This is mainly because CBD is non-psychotropic. This quality means it will not get its users high.
Another reason that CBD oil is not considered marijuana is that it is typically made from hemp rather than marijuana plants. Hemp plants are ideal for CBD oil because they rarely develop tetrahydrocannabinol (THC), making them undesirable for many recreational users. They also have high amounts of CBD.
In some recreational states, however, CBD oil is made from low-THC marijuana plants, instead of hemp. However, because the oils still contain high amounts of CBD and very low amounts of THC, they are still called CBD oils. Whether a CBD oil is made from a marijuana or a hemp variety of cannabis it still has beneficial effects on the body.