FREE SHIPPING on orders of $89 or more!

Is CBD Legal in Your State? A Quick Guide to CBD Legal Status

March 08, 2021

Is CBD Legal in Your State? A Quick Guide to CBD Legal Status

*Please note, this article should not be considered legal advice

Are you interested in CBD for the incredible benefits? 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 a lot of 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.

What is CBD?

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 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. Industrial hemp contains almost no THC (the extract that causes a “high”). 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.

While some states permit CBD no matter if 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 sale, distribution 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.

According to this note it 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 CBDcan 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. 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. You’re usually able to find CBD in drug stores or shops and marijuana in dispensaries.

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. You must have a qualifying condition to be approved for this registration card such as Alzheimers, 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. CBD cannot be added 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, the 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. With serious medical conditions, CBD can be used, 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. As a result, CBD is definitely legal here. Unlike in other states, in Massachusetts it doesn't even matter which part of the hemp plant the CBD comes from!

Michigan

Recreational marijuana was legalized in Michigan in 2018! As a result CBD is easy to find and is totally legal!

Minnesota

Minnesota updated their laws after the Farm Bill was passed in 2018. While CBD and the growth of hemp products are legal, marketers and brands need to be very careful. It is illegal in this state to claim that CBD treats, prevents or cures any disease.

Mississippi

Mississippi has a history of stringent laws around marijuana, CBD and hemp products, despite federal law. 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. I can be used in salves, oils, and tinctures. It cannot, however, be used 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.” THC levels must be below 0.3% according to the New Jersey Hemp Farming Act.

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 the standard 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. It cannot be added 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 establishment.

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 is available in Rhode Island for individuals 21 years or older. Anyone selling, producing or distributing the extract must have a license. CBD that is derived from marijuana can only be obtained for medical purposes.

South Carolina

Yes. It is now legal! In the past, a prescription was required so individuals were only able to get CBD in South Carolina with a medical prescription for serious conditions like epilepsy.

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 since the state is so stringent, it may be hard to find CBD retailers here.

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

CBD with less than 0.3% THC can be purchased in Washington State, however it can only be bought 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. If it comes from hemp and has low-THC, it is not considered a controlled substance.

Wisconsin

Before it was prohibited in the 1950’s, 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. In some states you will find CBD easily available at road-side convenience stores, coffee shops and even grocery stores! In other locations throughout the United States it may be harder to find! Often the easiest, most sustainable and most reliable way to buy legal, high quality, broad-spectrum CBD is through trusted online retailers.