Is CBD Legal in My State? Understanding CBD Laws Across the U.S.
CBD (cannabidiol) has become a widely accepted addition to the wellness landscape, appearing in various forms such as oils, tinctures, gummies, capsules, and more. But as its popularity has risen, so have the questions about its legality. One of the biggest questions surrounding CBD is its legal status across different states. While hemp-derived CBD with less than 0.3% THC is federally legal due to the 2018 Farm Bill, each state has the autonomy to regulate CBD in its own way. This creates a patchwork of regulations that can be confusing for consumers. Below, we break down CBD’s legal status and provide insights into what is permissible in your state.
What Is CBD and Why Does Its Source Matter?
CBD is a natural compound found in cannabis sativa plants, including both hemp and cannabis varieties. The main distinction between these two sources is the concentration of THC, the psychoactive component that produces the “high” associated with marijuana use. Hemp plants contain significantly more CBD and only trace amounts of THC (under 0.3%), making them non-intoxicating. Meanwhile, cannabis plants typically have higher THC levels.
The 2018 Farm Bill legalized the production and sale of hemp and its derivatives, making hemp-derived CBD with less than 0.3% THC federally legal. However, the bill also empowered states to impose their own rules, which has led to varied regulations. Additionally, CBD products not approved by the Food and Drug Administration (FDA) are restricted from being sold as food or beverages due to the drug exclusion rule, which limits the commercialization of any active ingredient in an approved drug.
The Complexities of CBD Legality
CBD’s legal status is influenced by whether it is derived from hemp or cannabis and the THC content. The FDA-approved CBD medication Epidiolex has also introduced regulatory complexities, limiting the sale of CBD-infused food and beverages in interstate commerce. Although the federal status of hemp-derived CBD seems straightforward, states have the authority to enforce their own rules, resulting in a mix of “fully legal,” “conditionally legal,” or “prohibited” statuses.
CBD Legal Status by State
Understanding your state’s specific regulations is essential for responsible CBD use. Below is an overview of CBD legality in each state:
is CBD legal in my state?
Is CBD Legal in Alabama?
Conditionally legal. CBD oil exceeding 0.3% THC is permitted for specific medical conditions with a medical cannabis license.
Is CBD Legal in Alaska?
Fully legal!
Is CBD Legal in Arizona?
Fully legal!
Is CBD Legal in Arkansas?
Conditionally legal. Cannabis-derived CBD oil exceeding 0.3% THC is legal with a medical license for specific conditions.
Is CBD Legal in California?
Fully legal. However, only cannabis-derived CBD edibles are legal; hemp-derived CBD edibles are restricted but loosely enforced.
Is CBD Legal in Colorado?
Fully legal.
Is CBD Legal in Connecticut?
Fully legal.
Is CBD Legal in Delaware?
Conditionally legal. Medical use of cannabis-derived CBD oil is allowed for adults and minors with a license.
Is CBD Legal in Florida?
Conditionally legal. Hemp-derived CBD with less than 0.3% THC is legal.
Is CBD Legal in Georgia?
Conditionally legal. Requires a medical cannabis license, with products having a max THC content of 5%.
Is CBD Legal in Hawaii?
Conditionally legal. Hemp-derived CBD is legal; cannabis-derived CBD is for medical use only.
Is CBD Legal in Idaho?
Conditionally legal. All forms are legal as long as they contain zero traceable THC.
Is CBD Legal in Illinois?
Fully legal.
Is CBD Legal in Indiana?
Conditionally legal. CBD is legal if it contains no more than 0.3% THC.
Is CBD Legal in Iowa?
Conditionally legal. Medical cannabis-derived CBD oil is allowed for certain conditions with a license.
Is CBD Legal in Kansas?
Conditionally legal. Legal only if it has no traceable THC; certain medical CBD oils are allowed.
Is CBD Legal in Kentucky?
Conditionally legal. Only hemp-derived CBD is legal.
Is CBD Legal in Louisiana?
Conditionally legal. Medical CBD requires labeling for adult use if THC content is over 0.5 milligrams.
Is CBD Legal in Maine?
Fully legal.
Is CBD Legal in Maryland?
Conditionally legal. CBD oils are legal but may have age restrictions.
Is CBD Legal in Massachusetts?
Fully legal.
Is CBD Legal in Michigan?
Fully legal.
Is CBD Legal in Minnesota?
Conditionally legal. Edibles and cannabis-derived CBD require proper labeling and must contain less than 0.3% THC.
Is CBD Legal in Mississippi?
Conditionally legal. Limited medical use with strict conditions.
Is CBD Legal in Missouri?
Conditionally legal. Medical CBD with a license; no qualifying conditions required.
Is CBD Legal in Montana?
Fully legal.
Is CBD Legal in Nebraska?
Conditionally legal. Only hemp-derived CBD is legal.
Is CBD Legal in Nevada?
Fully legal.
Is CBD Legal in New Hampshire?
Conditionally legal. Medical cannabis-derived CBD allowed for specific conditions.
Is CBD Legal in New Jersey?
Fully legal.
Is CBD Legal in New Mexico?
Conditionally legal. Medical CBD allowed under certain conditions.
Is CBD Legal in New York?
Fully legal.
Is CBD Legal in North Carolina?
Conditionally legal. Medical CBD is allowed for specific conditions with limited licenses.
Is CBD Legal in North Dakota?
Conditionally legal. Medical cannabis-derived CBD allowed under certain conditions.
Is CBD Legal in Ohio?
Conditionally legal. CBD must be hemp-derived with less than 0.3% THC.
Is CBD Legal in Oklahoma?
Conditionally legal. Medical CBD allowed without qualifying conditions.
Is CBD Legal in Oregon?
Fully legal.
Is CBD Legal in Pennsylvania?
Conditionally legal. Medical cannabis-derived CBD allowed for specific conditions.
Is CBD Legal in Rhode Island?
Conditionally legal. Medical use is allowed with conditions.
Is CBD Legal in South Carolina?
Conditionally legal. Medical CBD oil exceeding 0.9% THC allowed with a license for certain conditions.
Is CBD Legal in South Dakota?
Conditionally legal. Only hemp-derived CBD with less than 0.3% THC is permitted.
Is CBD Legal in Tennessee?
Conditionally legal. Stricter regulations will take effect soon, limiting sales to those over 21.
Is CBD Legal in Texas?
Conditionally legal. Low-THC CBD oil (up to 1%) allowed for certain medical conditions.
Is CBD Legal in Utah?
Conditionally legal. Requires a medical license for cannabis-derived CBD.
Is CBD Legal in Vermont?
Fully legal.
Is CBD Legal in Virginia?
Fully legal.
Is CBD Legal in Washington?
Fully legal.
Is CBD Legal in West Virginia?
Conditionally legal. Medical CBD allowed for specific conditions.
Is CBD Legal in Wisconsin?
Conditionally legal. Medical CBD permitted with a license.
Is CBD Legal in Wyoming?
Conditionally legal. Only products with less than 0.3% THC are permitted.
Final Thoughts and Sources
The laws governing CBD are nuanced and constantly evolving. It is essential to stay informed about your state’s specific regulations and ensure any CBD product complies with local laws. The path toward consistent regulation may become clearer as legislation advances and the FDA enhances its oversight.