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CBD

Is CBD Legal in Every State?


Is CBD Legal in Every State?

Updated as of February 2021

Only five or six years ago, very few people knew about the existence of the non-intoxicating cannabidiol, or CBD. In late 2015, interest in CBD spiked, and CBD is now a household name.

It seems like everyone's using CBD these days. Yet, a common question remains: is CBD legal in every state? 

There's no hard and fast answer to this question. When the federal government passed the 2018 Farm Bill, it effectively legalized CBD across the nation. Still, this federal law doesn't supersede hemp and CBD laws specific to each state. 

Are you nervous about trying CBD because of the uncertainty surrounding its legal status? We've compiled a state-by-state breakdown of CBD and CBD-related laws in all fifty states for your convenience. Check it out below. 

Alabama - Regulated

In 2018, the Alabama state Attorney General issued a release that the production, purchase, and possession of CBD products would be legal statewide. 

Alaska - Legal (with specific label requirements)

The laws surrounding CBD in Alaska are murky, so consumers should check their local legislature. So far, the state has created a Hemp Pilot Program to study the production and marketing of legal hemp. 

However, there are currently no legally registered growers, processors, or retailers in the state of Alaska.

Arizona - Regulated

The sale and possession of hemp-derived CBD is legal in Arizona. 

Arkansas - Regulated

In 2019, the Arkansas state Governor decriminalized the possession of CBD. Now, anyone who uses CBD products cannot face civil or criminal charges in Arkansas.

California - Legal (with specific label requirements)

Recreational cannabis and its derivatives are legal in California for adult use. One recent ruling, though, banned the use of CBD in food and beverages, pet products, and dietary supplements. 

Colorado - Legal (with specific label requirements)

Like California, recreational use of cannabis and its derivatives (including CBD) is legal in Colorado. Unlike California, though, the state does allow the addition of CBD to food and drinks. 

Connecticut - Legal

CBD is legal in Connecticut as long as it's derived from legal hemp.  

Delaware - Regulated

Medical marijuana has been legal in Delaware since 2014. The legal status of CBD is less clear, with the government stating that hemp production is only legal for agricultural or research purposes. 

Florida - Legal (with specific label requirements)

CBD is legal to use in Florida, but new regulations have restricted how retailers can market their products. These new rules will help consumers feel safer when choosing CBD products in the state. 

Georgia - Legal

Georgia has legalized "low-THC oil", which is any cannabis-derived extract containing 5% THC or less. Only patients with a valid medical marijuana card can purchase and possess low-THC oil in Georgia. 

Hawaii - Medical 

The production and sale of CBD is illegal in Hawaii. It's also illegal to add CBD into food, beverages, and cosmetics or market a CBD product as a dietary supplement or with any health claims. 

Idaho - Illegal

In 2015, the Attorney General of Idaho released a statement about the legal status of CBD. CBD containing absolutely no traces of THC and produced from legal hemp is lawful in the state.

However, the production, sale, or possession of CBD products that contain any THC is illegal in Idaho.

Illinois - Legal

THC and industrial hemp-derived CBD are legal in Illinois. 

Indiana - Legal (with specific label requirements)

CBD is legal to purchase, sell, and possess in Indiana. The state is still figuring out how to deal with CBD flower, though, so avoid buying this type of product until Indiana clears up the confusion.  

Iowa - Illegal

The production, sale, and purchase of over-the-counter CBD products aren't regulated in Iowa. Patients with a medical card can access medical CBD products from one of the state's five approved dispensaries. 

Kansas - Legal

In 2018, Kansas passed a law legalizing the sale and purchase of CBD oil as long as it contains absolutely no traces of THC.

Kentucky - Regulated

CBD oil is legal in Kentucky as long as it contains 0.3% THC or less. 

Louisiana - Legal (with specific label requirements)

The Louisiana Department of Health heavily regulates the sale of CBD products. Excepting CBD pet products, raw hemp, and products containing certain ingredients and health claims, CBD is legal to use in Louisiana. 

Maine - Legal

In 2019, the Governor of Maine legalized the sale of CBD. Maine regulates CBD as a food rather than a health product. That means the state approves of using CBD in food and beverages but still discourages using health claims to sell CBD products. 

Maryland - Regulated

Maryland follows federal guidelines regarding the sale and use of CBD. That is, CBD products are completely legal as long as they contain 0.3% THC or less. 

Massachusetts - Regulated

CBD is legal to use and purchase in Massachusetts. The Departments of Health and Agriculture regulate the industry.

Manufacturers cannot add CBD to food or animal products. Companies must also hold a license to sell CBD, cannot make any medical claims about their products, and are not allowed to sell raw CBD. 

Michigan - Legal

In Michigan, CBD products with a THC content of 0.3% or less are legal for general consumption. Any edible CBD products must be manufactured with state-grown and licensed hemp. 

Minnesota - Legal (with specific label requirements)

This year, Minnesota passed a bill that approved the sale of CBD derived from legal hemp.  

Mississippi - Medical

Only medical patients can use CBD in Mississippi.

Approved CBD products must undergo testing at the National Center for Natural Products Research. Patients can only purchase CBD products from the Department of Pharmacy Services at the University of Mississippi Medical Center. 

Missouri - Regulated

Only registered adult patients with intractable epilepsy can purchase and possess CBD products in Missouri. 

Montana -  Regulated

Hemp-derived CBD oil is available but is prohibited in food, beverages, and dietary supplements.

Nebraska -  Regulated

In Nebraska, legal hemp can only be grown for research purposes. 

Nevada - Legal

Recreational marijuana and CBD are legal in Nevada. The state does regulate the addition of CBD to food and drinks. 

New Hampshire - Regulated

CBD is legal to sell and purchase in New Hampshire, unless in edible form. 

New Jersey - Legal

In New Jersey, CBD derived from legal hemp is allowable. CBD derived from marijuana is only legal for patients in the state's medical marijuana program. 

New Mexico - Legal (with specific label requirements)

Like New Jersey, hemp-derived CBD is legal to sell and purchase, but marijuana-derived CBD is only available to medical marijuana patients. 

Also, a recent law legalized the sale of CBD in food and other consumable products. 

New York - Legal (with specific label requirements)

CBD is legal and regulated in the state of New York. The question of whether or not you can purchase and use CBD in food or beverages is still up in the air. 

North Carolina - Regulated

While North Carolina does ban hemp flower, all other CBD products with 0.3% THC or less are legal. 

North Dakota - Legal

In North Dakota, hemp is still regulated under the state's controlled substance act. 

Ohio - Legal (with specific label requirements)

The Ohio state Governor legalized the sale and possession of CBD in 2019.  

Oklahoma - Legal

CBD has been legal in Oklahoma since 2015. The state does heavily regulate dispensaries that sell CBD products, especially regarding accurate labeling. 

Oregon - Legal

CBD use is legal in Oregon as long as they receive a certificate of analysis (COA) from an approved Oregon third-party laboratory. 

Pennsylvania - Regulated

Legal hemp-derived CBD is allowable in Pennsylvania. If patients want to use CBD containing 0.3% THC or more, they must go through the state's medical marijuana program. 

Rhode Island - Regulated

In Rhode Island, CBD products are legally available for general consumption. Products with greater than 0.3% THC content are accessible through the state's medical marijuana program. 

South Carolina - Regulated

Hemp-derived CBD products are legal to sell and purchase in South Carolina.

However, unprocessed hemp is still in a grey area. Avoid selling or using unprocessed hemp until this confusion gets cleared up. 

South Dakota - Illegal

Hemp and CBD were still illegal as of last year in South Dakota. Only a few months ago, the state Governor made it legal to grow, produce, and transport CBD within the state. 

Tennessee - Legal

Legal US-grown CBD products have been lawful in Tennessee since 2015. According to state legislature, legal CBD is any product that contains 0.9% or less of THC. 

Texas - Legal (with specific label requirements)

In 2019, the Governor of Texas signed a law into effect that legalized the production, sale, and purchase of hemp-derived CBD products. 

Utah - Legal (with specific label requirements)

It has been legal to purchase and use hemp-derived CBD products in Utah since 2018. 

Vermont - Legal (with specific label requirements)

Hemp-derived CBD products are legal to sell and use in Vermont. 

Virginia - Legal

In 2020, the Governor of Virginia passed a law to regulate hemp-derived CBD products as food goods. While this ensures the general public has access to legal CBD, it also restricts how manufacturers can label and market their products. 

Washington - Legal

Cannabis and hemp-derived CBD are legal in Washington.

However, manufacturers cannot legally sell food or beverages that contain CBD as an ingredient, hemp-derived or otherwise. 

West Virginia - Legal (with specific label requirements)

It is legal to sell and purchase hemp-derived CBD in West Virginia. The state has also put in place progressive laws to protect and regulate the hemp industry. 

Wisconsin - Regulated

In Wisconsin, the general public can buy and use CBD products as long as they contain 0.3% THC or less. There is one stipulation: these users must have a note from a physician certifying that the person uses the product for a medical condition.

Wyoming - Legal

CBD is only legal for patients with intractable epilepsy in Wyoming. 

Is CBD Legal in Every State? The Bottom Line

CBD is relatively new, meaning laws surrounding its use and sale change all the time. Next time you're wondering: is CBD legal in every state? Check back here for the latest state law updates you need to know. 

Do you live in a state where CBD is legal? If so, it's about time you checked out how this little cannabinoid can benefit you. Browse our CBD products to discover the product that's right for you!