Is CBD Legal? (State-Wise Regulations)

Is CBD legal? Yes and no. It depends on your location and the source from where this component is derived. For instance, is your CBD derived from hemp or cannabis? If the answer is hemp, as per federal rules, you can legally purchase, use, and possess it. However, there are different nuances related to CBD and its legality.

People often get confused and wonder whether they can buy this non-psychoactive compound or not. So, here’s a guide that can help you gain clarity. We have compiled a list of states and their individual laws. This list will cover non-regulated CBD only. As for regulated ones, you need to visit a licensed dispensary in your state and get a doctor’s recommendation in order to purchase a specific product for your medical condition.

Understanding CBD’s Legality

Before we dive into the nitty-gritty of is CBD legal in each state, let’s get the basics out of the way. First and foremost, you need to understand that hemp-derived CBD and cannabis CBD are two different things.

As per federal rules, only CBD derived from the hemp plant is legal in all 50 states. In other words, if a product contains less than or equal to 0.3% of THC, you can legally purchase and use it in the US.

The only exception, in this case, is states who have legalized only FDA-approved CBD products. Unregulated cannabidiol remains an illegal form of the drug in these states. So, make sure that you understand these rules and check out the rundown of the state list we have introduced below.

CBD’s Legal Status in Each State

A complete rundown on CBD’s legal status:

State	Is CBD Legal?	Legal Status
Alabama	Yes	All CBD products containing 0.3% THC.
Alaska	Yes	CBD-infused food and beverages are not allowed.
Arizona	Yes	All forms of CBD are legal except food and beverages.
Arkansas	Yes	Food and beverages are not allowed.
California	Yes	Food and beverages are not allowed.
Colorado	Yes	CBD infused baked edibles are not allowed.
Connecticut	Yes	Only registered and tested food and beverages.
Delaware	Yes	Hemp derived CBD grown under the supervision of Delaware University.
Florida	Yes	Hemp CBD with less than 0.3% THC by dry weight
Georgia	Yes	CBD products with less than 0.3% THC (food and beverages not allowed).
Hawaii	Yes	Only hemp sourced CBD containing less than 0.3% THC.
Idaho	No	Only FDA approved CBD.
Illinois	Yes	No Restrictions.
Indiana	Yes	CBD with low THC levels.
Iowa	Yes	Only CBD containing less than 0.3% THC.
Kansas	Yes	Food and beverages are not allowed.
Kentucky	Yes	CBD induced with less than 0.3% THC by dry weight is legal. Cannabis derived CBD is illegal even for medical marijuana patients.
Louisiana	Yes	No inhalable CBD, food, beverages, food additives, or dietary supplements (Restrictions on different types of CBD products).
Maine	Yes	CBD sourced from cannabis and hemp.
Maryland	Yes	Legal to use CBD derived from industrial hemp only.
Massachusetts	Yes	Purity testing required for CBD induced food and beverages.
Michigan	Yes	Food and beverages are not allowed. Rest assured, both cannabis and hemp CBD are legal in Michigan.
Minnesota	Yes	Only food and beverages are banned.
Mississippi	Yes	Legal as per state specifications
Missouri	Yes	Patients with a qualifying condition must have a hemp extract registration card in order to use CBD legally.
Montana	Yes	Restrictions on CBD-induced food and beverages.
Nebraska	Yes	Food and beverages are not allowed.
Nevada	Yes	No food and beverages. All CBD products are legal as long as they contain less than 03% of THC.
New Hampshire	Yes	All CBD containing foods and beverages have been banned until further guidelines.
New Jersey	Yes	Hemp-derived CBD products are legal in New Jersey.
New Mexico	Yes	Hemp-derived CBD is legal and registered medical marijuana patients are allowed to use cannabis induced CBD.
New York	Yes	Hemp derived CBD is legal but it is subject to certain regulations.
North Carolina	Yes	CBD induced foods and beverages have been banned.
North Dakota	Yes	Industrial hemp CBD is legal.
Ohio	Yes	Hemp derived CBD is legal.
Oklahoma	Yes	No specific restrictions.
Oregon	Yes	Labeling regulations are underway. Rest assured, CBD is legal
Pennsylvania	Yes	No strict regulations.
Rhode Island	Yes	Labeling regulations to arrive in the near future.
South Carolina	Yes	Food and beverages are banned.
South Dakota	No	CBD is illegal in every form.
Tennessee	Yes	All cannabis plant derivatives with less than 0.3% THC.
Texas	Yes	CBD is legal as long as it falls under the federal threshold for THC limit.
Utah	Yes	Cannabis derived CBD can be legally purchased from state-licensed dispensaries and hemp sourced CBD is also legal.
Vermont	Yes	Industrial hemp derived CBD is legal.
Virginia	Yes	No strict regulations.
Washington	Yes	Depends on the source of CBD.
West Virginia	Yes	Hemp sourced CBD is legal.
Wisconsin	Yes	Food and beverages are not allowed.
Wyoming	Yes	Hemp sourced CBD is legal to possess and use.

Is CBD Legal: Federal Laws vs State Laws

To be honest, the disparity between state and federal rules is the sole reason behind legal confusion. While most people can use CBD without any legal worries in the US, some states will either require you to register for a card or simply ban it. Even if it is for medicinal use. This is why it is necessary to draw a line while using CBD.

As for federal rules, thanks to the Farm Bill, it’s pretty much clear that all 50 states can manufacture, sell, use, and possess hemp sourced CBD without the worry of a possible arrest. Not only this, but the federal authorities are no longer under the obligation to arrest people who use or grow hemp. In other words, the DEA no longer regulates hemp or its derivatives.

Moreover, the Farm Bill is a blessing in disguise. The law has completely removed the term hemp from the Controlled Substances Act. And to add to CBD’s glory, the bill also tasked the Food and Drug Administration (FDA) with certain responsibilities. So, most likely, in the near future, you will see products being regulated by the FDA.

What About State Rules?

When everything boils down to state regulations, the confusion grows deeper. As discussed above, all CBD state rules are not the same. Each state has its own set of rules for both hemp and cannabidiol. For example, CBD is completely illegal in Idaho and other states such as South Dakota, Iowa, etc. In contrast, when we look at its legal status in Vermont or New York City, the rules allow you to use it in some forms. So, where does this leave a consumer who wants to use CBD?

The answer is simple and straight. As long as you understand the rules, you will be able to buy and use CBD products with caution and care.

Final Thoughts on Is CBD Legal?

Given the distinction in state rules, the answer to ‘Is CBD Legal’ is pretty clear. I think it’s safe to say that CBD is legal in all states except Idaho, Iowa, South Dakota, North Dakota, and Kentucky. Until further notice from these states, using any form or type of CBD will land you in legal troubles such as imprisonment and fines. So, make sure you follow your state guidelines religiously. As for states with complete legal status, you can not only use hemp CBD, but you are also free to use cannabis sourced CBD without any worries. And states who have partially legalized cannabis, purchase products that contain only 0.3% THC. Anything above the legal limit will automatically fall under the illegal category.