CBD is an amazing product that can help people who suffer from chronic pain. It can also be used as an alternative treatment for other conditions such as arthritis or depression.
Now, you're interested in CBD for its incredible benefits. Moreover, you've heard about how it can reduce inflammation, ease anxiety, and relieve pain. You're ready to try it for yourself. So what's in your way?
If you're like many people, you're probably hesitant because you worry and ask yourself, “Is it even legal federally? Is CBD legal in my state?”
You might be hesitant to purchase CBD because it could be derived from the marijuana plant (Note: CBD is CBD on the molecular level, regardless of whether it comes from the hemp plant or the marijuana plant).
The laws surrounding CBD, hemp, and marijuana can be really confusing since they vary so much from one state to another.
CBD should help with your stress, not cause more of it!
If you'd like to find out if CBD is legal in your state, we've curated a quick guide to help you feel confident and secure in your decision.
Disclaimer: This article should not be considered legal advice.
CBD And Marijuana
While both CBD and marijuana come from cannabis, they are not one and the same. The first thing to know is that CBD, or “cannabidiol,” is an extract that comes from cannabis.
The difference between CBD and marijuana is that cannabis has less than 0.3% THC (Tetrahydrocannabinol). Cannabis plants with low THC levels are considered hemp. This means that CBD products do not have any psychoactive effects.
Anything with a higher percentage of THC (what gives the “high” effect) is classified as marijuana.
A lot of things have changed in recent years around hemp and marijuana laws. As a result, sometimes, there is confusion about whether CBD is or is not legal in a particular state.
The “Farm Bill”
The “Farm Bill” was passed on the federal level in December of 2018. Essentially, this law legalized the hemp plant (cannabis with less than 0.3% THC) in the United States. This bill took hemp off of the list of substances in the Controlled Substances Act. It is now permitted to be grown and used for commercial purposes. This is called industrial hemp.
Industrial hemp can be used to produce a variety of products such as cloth, makeup, detergents, and soaps. While hemp can now be grown and used for all of these products, CBD can also be extracted from the hemp plant without the risk of THC or psychoactive results. Industrial hemp contains almost no THC (the extract that causes a “high”).
While some states permit CBD, whether it comes from marijuana, hemp, or industrial hemp, others are very specific. CBD legality differs from one state to another. While most states have legalized hemp-derived CBD with THC levels below 0.3%, it is important to check for the subtle differences between laws in each state.
State Laws By Category
The States with the Most Strict CBD Laws: Idaho, Iowa, and South Dakota have the strictest laws related to CBD distribution, production, and use.
The 15 states where CBD is legal by a state statute. These states include: Connecticut, Georgia, Illinois, Kansas, Maine, Michigan, Nevada, New Jersey, North Dakota, Oklahoma, Oregon, Tennessee, Virginia, Washington, and Wyoming.
If you don't see your state on either of these lists, they may fall somewhere in between. If you want to know more, we've provided a state-by-state list so you can explore the unique laws in your own state.
Please keep in mind that laws change. It is best to go directly to your state or local government for clarity around CBD laws.
State By State Laws
The FDA has set some overarching laws about the selling, distributing, and labeling of hemp products. For example, CBD products cannot be labeled as dietary supplements. In addition, the FDA has ruled that it is not legal to sell foods with CBD across state lines.
The FDA has actually approved an oral medication called Epidiolex. This drug is meant to treat seizures that are connected to “two rare and severe forms of epilepsy, Lennox-Gastaut syndrome and Dravet syndrome.”
In addition to these FDA regulations, each state has its own specific laws related to CBD and how it is grown, distributed, manufactured, sold, and purchased.
There are a few things that most states can agree upon. They all classify CBD as coming from hemp. The hemp must have between 0.3% THC and 0.00% THC to be legal in most states.
Alabama
Historically the state of Alabama has not always been pro-hemp. But they are much more accepting of the production of hemp products after the Farm Bill went into effect.
This note states that CBD derived from industrial hemp, with a THC concentration of no more than 0.3% on a dry weight basis, can be legally produced, sold, and possessed in the State of Alabama.
Alaska
While CBD is legal to purchase and use in Alaska, anyone who sells it must be registered with the state. Alaska has a great website with information about marijuana and CBD use in the state. They do warn that traces of CBD can be found in workplace drug testing, so users should be aware.
Arizona
CBD is legal in Arizona, and you can purchase it over the counter.
Arkansas
CBD is no longer included as a controlled substance in Arkansas. It is legal to buy, deliver, and sell CBD here.
California
Yes, CBD is legal and recreational marijuana has been legal in The Golden State since 2018. You're usually able to find CBD in drug stores or shops and marijuana in dispensaries. CBD cannot, however, be used in food products. You can buy both marijuana and CBD products in California, but you might need to shop for them in different places.
Colorado
CBD is legal in Colorado and can be included in food items. Colorado is extremely hemp and cannabis-friendly (recreational marijuana is legal here too). So you will have lots of options to choose from! Just be cautious if driving across state lines with CBD products, as neighboring states aren't always as CBD-friendly!
Connecticut
It's legal!
Delaware
Delaware actually made it legal to sell, buy, and consume CBD back in 2014!
Florida
CBD is legal, but the state is working on regulating this cannabis extract.
Georgia
In Georgia, you must apply for and carry a registration card to purchase and use CBD. To be approved for this registration card, you must have a qualifying condition, such as Alzheimer's, Sickle Cell, Parkinson's Disease, seizure disorders, or Post Traumatic Stress Disorder. CBD cannot exceed 5% THC, and the container of CBD must be clearly labeled.
Hawaii
In Hawaii, you can only sell, possess or consume CBD if you have a prescription. The manufacturer cannot add CBD to foods, beverages, or dietary supplements. In addition, any CBD product cannot make any health claims in marketing.
Idaho
In Idaho, less than 0.3% THC isn't small enough. They require that any CBD sold, manufactured, or consumed must have no trace of THC at all. In addition, CBD can only be made from the stalks of a THC-free cannabis plant. In addition, the FDA-approved drug, Epidilox, is available for individuals suffering from epilepsy in this state with a prescription.
Illinois
CBD is legal in Illinois.
Indiana
Senate Bill 52 passed in Indiana, permitting low-THC hemp to be produced and sold in the state.
Iowa
Medical marijuana is legal in this state for individuals who suffer from ailments like cancer or chronic pain. Iowa also requires that CBD be sold through these dispensaries. The state has harsh guidelines for medical marijuana dispensaries. As a result, this can indirectly make it tough to get a license to sell both marijuana and CBD. CBD is often not as easy to purchase in Iowa.
Kansas
Even though Kansas is close to the cannabis-accepting Colorado, laws in Kansas are not so laid back when it comes to cannabis and CBD products.
Similar to Idaho, CBD is legal in Kansas if it has no THC. CBD can be used for serious medical conditions, with up to 5% THC, as a treatment.
Kentucky
You're in luck in Kentucky. You can legally obtain and use CBD in Kentucky as long as it is under 0.3% THC.
Maine
In 2019 Governor Janet Mills signed a unique bill into effect in Maine. This bill treats CBD as a food product rather than a medication. The bill's author wrote, “happy hemp planting, hemp farmers,” giving to go-ahead to the production and distribution.
Maryland
As long as the CBD extract comes from industrial hemp and has low-THC levels, Maryland is CBD-friendly.
Massachusetts
In 2016, Massachusetts voters approved recreational marijuana. Unlike in other states, it doesn't even matter which part of the hemp plant the CBD comes from in Massachusetts! As a result, CBD is definitely legal here.
Michigan
Recreational marijuana was legalized in Michigan in 2018! As a result, CBD is easy to find and is totally legal!
Minnesota
While CBD and the growth of hemp products are legal, marketers and brands need to be very careful. Minnesota updated its laws after the Farm Bill was passed in 2018. It is illegal in this state to claim that CBD treats, prevents, or cures any disease.
Mississippi
Despite federal law, Mississippi has a history of stringent laws around marijuana, CBD, and hemp products. They did, however, pass a law called “Harper Grace's Law,” which allows CBD to be used for medical needs such as epilepsy. Interestingly, the University of Mississippi has an entire marijuana research program where they also study CBD's benefits.
Missouri
CBD is legal if it has less than 0.3% THC levels and is used for medical purposes only. CBD that comes from marijuana is not allowed in Missouri.
Montana
CBD that comes from hemp is legal in the state of Montana. It can be used in salves, oils, and tinctures. However, you cannot use it in food products, supplements, or beverages.
Nebraska
Nebraska was one of the last states to get on board and permit legal hemp production after the Farm Bill went into effect. They had decriminalized CBD as well.
Nevada
It's not a sin to have CBD in “sin city.” CBD is legal in Nevada.
New Jersey
In accordance with federal law, the Garden State's Assembly Bill 5322 allows “the cultivation, handling, processing, transport, and sale of hemp and hemp products in the State.” According to the New Jersey Hemp Farming Act, THC levels must be below 0.3%.
New Mexico
CBD is permitted in New Mexico. This state, like many others, followed the federal changes as a result of the Farm Bill and made it legal to produce hemp and derive products from the plant.
New York
CBD is legal in New York City and New York State as long as it comes from hemp and has a standard of less than 0.3% THC. You can find it in many health food shops throughout the state, although it cannot claim to cure or help any specific ailments.
North Carolina
CBD with less than 0.3% THC is legal in North Carolina. The manufacturer cannot add it to food items, beverages, or supplements.
North Dakota
CBD hemp oil is 100% legal to use in North Dakota.
Ohio
CBD in Ohio must remain under 0.3% THC. It can also be included in food, cosmetics, personal care products, and dietary supplements.
Oklahoma
Yes! CBD is legal in Oklahoma as long as it is made with industrial hemp. In addition, all retailers who sell CBD must be licensed as a food establishments.
Oregon
Oregon has one of the most booming CBD industries in the country. While this means CBD is legal, it also means the market is saturated, and the quality can range. Be sure to do your homework before purchasing. When in doubt, buy from a trusted online retailer with broad-spectrum products for the best results and security.
Pennsylvania
Yes, hemp-derived CBD is legal in the state of Pennsylvania. They have also legalized medical marijuana and initiated a program for industrial hemp in 2016.
Rhode Island
CBD that is derived from marijuana can only be obtained for medical purposes. Anyone selling, producing, or distributing the extract must have a license. CBD is available in Rhode Island for individuals 21 years or older.
South Carolina
Yes. In the past, you required a prescription, so individuals could only get CBD in South Carolina with a medical prescription for serious conditions like epilepsy. It is now legal!
South Dakota
South Dakota may be one of the strictest states when it comes to hemp and marijuana products. Their state government officials have a history of being firm about their stance on marijuana. CBD is technically legal in South Dakota, but it may be hard to find CBD retailers here since the state is so stringent.
Tennessee
In Tennessee, it is legal to be in possession of CBD with less than 0.6% THC. In addition, it is legal to grow industrial hemp in the state.
Texas
Ever since the state legalized hemp and its products, Texas has had a boom in CBD products. Whether you are looking for a topical version, a tincture, or a supplement, it is legal in Texas if the THC levels are under 0.3%.
Utah
CBD is legal to use in Utah. The state even protects CBD users who fail a drug test unless there is evidence the individual possessed or used THC.
Vermont
This state is all about living free, so you can imagine visitors and citizens alike are free to grow and enjoy CBD products.
Virginia
Hemp-sources CBD is legal in Virginia.
Washington
You can purchase CBD with less than 0.3% THC in Washington State. However, you can only buy it at licensed cannabis dispensaries.
West Virginia
You don't need any kind of license or medical card to purchase CBD in the state of West Virginia. It is not considered a controlled substance if it comes from hemp and has low THC.
Wisconsin
Before it was prohibited in the 1950s, Wisconsin was actually one of the largest hemp producers in the country.
Now, in order to grow hemp in Wisconsin, farmers must renew a license each year.
In 2014, Lydia's Law was passed in the state to allow people suffering from seizures to have access to CBD. Today, the laws are still pretty strict but are gradually changing.
Hemp-derived CBD is only legal for individuals who have a medical certificate stating that they have a condition that is covered in Wisconsin law. Even if the CBD does not have THC over 0.3% and no psychoactive qualities, it is not available to the general public. You can possess CBD but only with a doctor's permission.
Wyoming
Any product that contained even trace amounts of THC used to be illegal in Wyoming unless they had a hemp extract registration card.
Farmers were thrilled when hemp was permitted to be grown in Wyoming in 2018. The climate is ideal for this crop, and the economic boost to the economy was long-awaited. CBD is legal as long as it is hemp-derived and has no more than 0.3% THC.
Conclusion
Due to the passing of the Farm Bill, CBD is legal at the federal level. However, individual states retain the right to define their own laws around the growth, distribution, sale, and consumption of hemp and cannabis products.
You will find CBD easily available in some states at roadside convenience stores, coffee shops, and even grocery stores!
It may be harder to find in other locations throughout the United States!
The easiest, most sustainable, and most reliable way to buy legal, high-quality, broad-spectrum CBD is through trusted online retailers.
