As a leading CBD company that sends products all around the U.S., we regularly get the questions, is CBD legal in all 50 states? It is completely reasonable for people to ask this question as hemp based products have had a complicated legal standing at the federal level for many years. Since hemp is a cannabis plant many people automatically assume it is the same as marijuana or treated the same way legally as marijuana. While hemp is a cannabis plant, it is not the same plant as marijuana, which means that it has different rules governing it from marijuana.
We understand that all of this can be confusing as to whether CBD or as it is technically known, cannabidiol, is legal. The good news is that hemp and all products derived from the hemp plant are federally legal in all 50 states. This article will help you understand why that is and also look at your state to give you some guidance about what your state’s laws say.
What Is CBD?
CBD is one of over 100 cannabinoids found inside of the hemp plant. Cannabinoids are naturally occurring compounds found in the hemp plant. Many are familiar with another cannabinoid found in the marijuana plant called THC. THC is the part of the marijuana plant that gives you the high or euphoric feeling that many associate with the plant. While CBD is a cannabinoid, it is not THC. CBD does not give you a high or euphoric feeling, but it is good with helping with pain, inflammation, and anxiety.
While CBD comes in many different forms it has become most popular in a CBD oil form. In this form you have CBD infused into a carrier oil to help you absorb the CBD into your body. CBD products generally come in three different forms. These include CBD isolate, full spectrum, or broad spectrum products.
CBD Federal Legality In All 50 States
It is important for us to state again that CBD is completely federally legal in all 50 states. In 2018, the Federal Farm Bill passed, and inside of that bill was language that completely legalized hemp. Since then, every state in America has allowed CBD based products to be sold within their borders. Before 2018, hemp based products were treated the same as marijuana. This was the case because the federal law made no distinction on different cannabis plants. So even though the hemp plant is extremely low in THC it was treated in the exact same way as marijuana, which is still not federally legal.
Where Is CBD Derived?
CBD is extracted from the hemp plant. In the 2018 Farm Bill it goes further than just saying hemp is legal it also makes clear that all of its derivatives such as CBD are legal in all 50 states. The one exception to the 2018 law is that products must contain no more than 0.3% Delta 9 THC. While Delta 9 THC is found inside of the hemp plant its concentrations are so low that it does not exceed this 0.3% Delta 9 THC level. And, this is the reason that CBD products do not give you a high or euphoric feeling. This is the case because the THC content in these products is so low that it will not give you the feeling that you would receive from a marijuana product.
State Laws
State laws mostly adhere to the federal law, although some have a slightly different criteria for how much THC can be in a hemp product. And, in states in which recreational marijuana is legal, there is no law regarding the THC content of a hemp product.
It is important to remember that states are able to make their own laws with respect to how they regulate any product. In this way CBD is no different than any other product a state may regulate. For instance, in some states recreational marijuana is legal. In those states, there would be no restrictions on THC content of a product. In these states it could mean that the CBD product was either derived from a hemp plant or a marijuana plant.
CBD Legal Status In All 50 States
Below we are going to examine some of the different rules and regulations regarding CBD in each state. It is important to note that this is not meant to be an attempt to provide an exhaustive list of everything that a particular state’s laws say about CBD. This is meant to give you a general sense of what your state’s laws may be regarding CBD. So, don’t take this as legal advice about your state. It is still wise to check out further your state’s particular rules and regulations regarding CBD.
Alabama
Hemp and CBD products are fully legal in Alabama as long as they have a maximum of 0.3% THC.
Alaska
Hemp and CBD products are completely legal in Alaska, as long as there is no more than 0.3% THC.
Arizona
Hemp and CBD goods are fully legal throughout Arizona, and they must contain a maximum of 0.3% THC.
Arkansas
All CBD and hemp-based goods are legal in Arkansas, assuming they have no more than 0.3% THC.
California
Hemp and CBD products are completely legal in California. There is no legal limit on THC levels as marijuana is also legal throughout the state.
Colorado
Like California, Colorado has legalized cannabis altogether, and so there are no restrictions when it comes to CBD and hemp products.
Connecticut
CBD and hemp products are legal in the state, and must have at most 0.3% THC.
Delaware
Another state in which hemp and CBD are fully legal, so long as they have 0.3% THC at most.
Florida
Permits residents to use CBD and hemp products that have a maximum of 0.3% THC.
Georgia
CBD and hemp goods with a maximum of 0.3% THC are legal in Georgia, with the exception of food and beverages.
Hawaii
All CBD and hemp products are legal in Hawaii, but must contain no more than 0.3% THC.
Idaho
CBD and hemp products are illegal in Idaho, with the exception of hempseed products which do not contain cannabinoids.
Illinois
All cannabis is fully legal in Illinois, so there are no restrictions when it comes to hemp and CBD products.
Indiana
CBD is fully legal throughout Indiana, along with all hemp goods that have a maximum of 0.3% THC.
Iowa
CBD and hemp goods are legal in Iowa, but must have no more than 0.3% THC. Further, products that are inhaled, like vapes and CBD flower, are illegal in the state.
Kansas
Technically, only THC-free CBD and hemp products are legal in Kansas.
Kentucky
All hemp and CBD products with a maximum of 0.3% THC are legal in Kentucky, except for flower products.
Louisiana
In Louisiana, all CBD and hemp goods are legal if they have a maximum of 0.3% THC.
Maine
CBD and hemp goods with no more than 0.3% THC are legal in Maine.
Maryland
Hemp and CBD products are legal throughout Maryland, as long as they have 0.3% THC or less.
Massachusetts
CBD and hemp goods with a max of 0.3% THC are legal in Massachusetts, except for foods, beverages and dietary supplements.
Michigan
Hemp and CBD with a maximum of 0.3% THC are legal in Michigan, except for foods and beverages.
Minnesota
Hemp and CBD products are legal in Minnesota as long as they have no more than 0.3% THC. However, foods and drinks containing hemp are illegal.
Mississippi
CBD and hemp with a max of 0.3% THC are legal in the state.
Missouri
CBD and hemp can be bought and sold legally in Missouri if the products do not contain more than 0.3% THC.
Montana
CBD and hemp goods with a maximum of 0.3% THC are legal in Montana, except for foods and beverages.
Nebraska
Technically, CBD and hemp are illegal in the state of Nebraska.
Nevada
Recreational cannabis is legal in Nevada, there are no restrictions on CBD and hemp products.
New Hampshire
Products with 0.3% or less THC are legal in New Hampshire, except for food and beverage goods.
New Jersey
CBD and hemp goods are legal in New Jersey, but must contain at most 0.3% THC.
New Mexico
CBD and hemp products with 0.3% THC or less are legal in New Mexico.
New York
CBD and hemp products, except for foods and beverages, are legal in New York as long as they have 0.3% THC at most.
North Carolina
CBD and hemp are fully legal in North Carolina as long as they have a max of 0.3% THC.
North Dakota
CBD and hemp is permitted throughout the state as long as there’s no more than 0.3% THC present.
Ohio
CBD and hemp with a max of 0.3% THC is permitted in Ohio.
Oklahoma
Allows CBD and hemp with no more than 0.3% THC.
Oregon
CBD and hemp products are legal in Oregon, but must have a maximum of 0.3% THC.
Pennsylvania
In Pennsylvania, you can use CBD and hemp goods that have no more than 0.3% THC.
Rhode Island
Allows CBD and hemp products, but they cannot have more than 0.3% THC in them.
South Carolina
CBD and hemp with a max of 0.3% are legal in South Carolina, except for raw flower and vaping products.
South Dakota
All cannabis products are legal in South Dakota so there are no THC restrictions.
Tennessee
CBD and hemp products containing a maximum of 0.3% THC are permitted in Tennessee.
Texas
Allows for CBD and hemp throughout the state as long as the products contain a maximum of 0.3% THC.
Utah
CBD and hemp are legal throughout Utah and must have a maximum of 0.3% THC. However, foods, beverages and smokable products are not legal.
Vermont
In Vermont, all cannabis is recreational legal so there are no restrictions.
Virginia
CBD and hemp goods with up to 0.3% THC are permitted.
Washington
Cannabis is recreationally legal so there are no THC restrictions.
West Virginia
CBD and hemp are legal throughout West Virginia, as long as the products have no more than 0.3% THC.
Wisconsin
CBD and hemp are only legal in Wisconsin with a doctor’s approval.
Wyoming
Allows residents to use hemp and CBD with up to 0.3% THC.
Final Thoughts on Legality of CBD
In nearly every state in the country you can purchase and use CBD legally. In every state there are no federal restrictions to the legality of CBD. There are different restrictions that may vary from state to state. In this case, it is important to check about your particular state’s laws with respect to types of CBD products that may be used. However, in general CBD is completely legal in nearly all 50 states of the country.
