CBD has become one of the most widely used wellness supplements in the U.S., praised for its potential benefits in managing anxiety, pain, inflammation, and sleep. But despite its popularity, many people are still unsure about its legal status, especially when it comes to buying or using CBD across state lines.
In this article, we’ll break down CBD legality in the U.S., explain how federal and state laws differ, and provide an up-to-date summary of CBD laws in all 50 states.
What is CBD?
CBD, or cannabidiol, is a naturally occurring compound found in hemp and cannabis plants. It’s widely used in oils, edibles, topicals, vapes, and drinks—but unlike THC, it doesn’t cause a high. Instead, CBD is valued for its potential calming, anti-inflammatory, and therapeutic properties.
Is CBD legal in the US?
At the federal level, CBD derived from hemp (containing less than 0.3% THC) was made legal under the 2018 Farm Bill. This law removed hemp from the list of controlled substances, allowing for the legal production and sale of hemp-derived CBD nationwide.
However, CBD laws still vary from state to state. While most states follow the federal guidelines, some have additional restrictions on how CBD can be sold, used, or labeled. Others restrict the sale of certain CBD product types, like full-spectrum CBD extracts.
CBD Legalization by State
As of 2025, the majority of states have embraced the federal guidelines, allowing for the legal sale and consumption of hemp-derived CBD. Notable exceptions include Idaho, South Dakota, and Nebraska, where full-spectrum CBD is restricted due to its THC content.
Some states have implemented additional regulations, such as requiring CBD products to undergo testing for purity and potency. Others have specific licensing requirements for CBD retailers and producers.
In states where recreational or medical marijuana is legal, CBD derived from marijuana is legal as well.
Here’s a detailed overview of CBD legalization by each state:
Alabama
Hemp-derived CBD with less than 0.3% THC is legal. Anyone over the age of 21 can purchase CBD products online or in local stores.
Alaska
Both hemp-extracted and cannabis-derived CBD are legal in Alaska. Anyone 21 years or older can purchase CBD in any form without restriction.
Arizona
Both hemp-based and cannabis-based CBD are legal for adults 21 and older.
Arkansas
Hemp-derived CBD (less than 0.3% THC) is legal. Cannabis-derived CBD is restricted. Residents of legal age can buy all types of hemp CBD in-store or online.
California
All types of CBD products are legal, including both hemp- and cannabis-derived. Adults aged 21+ can purchase freely.
Colorado
Hemp-extracted CBD is legal for adults 18+, while cannabis-derived CBD is available to those 21 and older.
Connecticut
Hemp-derived CBD under 0.3% THC is legal for those 21+. Cannabis-derived CBD requires a medical prescription.
Delaware
Adults 18+ can purchase hemp-based CBD. A prescription is required for cannabis-derived CBD with over 0.3% THC.
District of Columbia
Both hemp- and cannabis-derived CBD are legal for adult use.
Florida
Hemp-derived CBD is legal (less than 0.3% THC). Cannabis-derived CBD is restricted and may require medical approval.
Georgia
Only hemp-derived CBD with under 0.3% THC is legal. Adults 18+ can buy from local or online stores.
Hawaii
Hemp-derived CBD is legal for those over 21. It can be purchased online or in stores.
Idaho
Only CBD products containing 0% THC are legal. Full-spectrum CBD is prohibited; only CBD isolate and broad-spectrum are permitted.
Illinois
CBD from both hemp and cannabis is legal. Adults 21+ can purchase all product types.
Indiana
Hemp-derived CBD with less than 0.3% THC is legal. Available to consumers 18 and older.
Iowa
Hemp CBD with less than 0.3% THC is legal under federal guidelines. Cannabis-derived CBD remains restricted.
Kansas
Only THC-free CBD products (CBD isolate and broad-spectrum) are permitted. Full-spectrum CBD is illegal.
Kentucky
Only THC-free hemp-derived CBD is legal. In-store purchases may require a prescription, while online purchases do not.
Louisiana
Hemp-derived CBD with less than 0.3% THC is legal for adult use.
Maine
Both hemp- and cannabis-derived CBD are legal. Cannabis CBD requires a prescription and proof of age (21+).
Maryland
Only hemp-based CBD with less than 0.3% THC is allowed. Cannabis CBD is restricted.
Massachusetts
Hemp and cannabis-derived CBD are legal, but cannabis products may face added restrictions.
Michigan
Hemp-derived CBD is legal. Cannabis-derived CBD requires a medical marijuana card or doctor’s recommendation.
Minnesota
CBD is legal as long as it is hemp-derived and contains less than 0.3% THC.
Mississippi
Hemp-derived CBD is legal for those over 21. The state has more restrictive regulations than most.
Missouri
Hemp CBD products with under 0.3% THC are legal for adults 21 and older.
Montana
Both hemp- and cannabis-derived CBD are legal. THC content is regulated more lightly than in many states.
Nebraska
Hemp-derived CBD with less than 0.3% THC is legal. No official age limit, though most retailers only sell to those 21+.
Nevada
All forms of CBD are legal for adults 21+. Both hemp and cannabis-derived products are permitted.
New Hampshire
Only specific hemp-derived CBD products are legal (oils, tinctures, topicals, and flower). Edibles and drinks are not allowed.
New Jersey
Hemp and marijuana-derived CBD are legal. Adults 21+ can purchase all types of CBD products.
New Mexico
CBD from hemp and marijuana is legal. Adults 18+ may purchase, but cannabis-derived CBD has more limitations.
New York
Hemp-derived CBD is legal for adults 21+. Cannabis-derived CBD has fewer restrictions than in most states.
North Carolina
Only hemp-based CBD in the form of oils, tinctures, and topicals is permitted. Edibles and drinks are banned.
North Dakota
Hemp-derived CBD with less than 0.3% THC is legal in compliance with the Farm Bill.
Ohio
Hemp-based CBD is legal under federal guidelines.
Oklahoma
Hemp-derived CBD (under 0.3% THC) is legal and widely available.
Oregon
All CBD forms are legal for adults 21+. The state has minimal restrictions on hemp products.
Pennsylvania
Hemp-derived CBD is legal for adults 21+. Cannabis-derived CBD may require medical authorization.
Rhode Island
Hemp and cannabis CBD products are legal, but cannabis-derived products have added restrictions.
South Carolina
Hemp-derived CBD (under 0.3% THC) is legal for those 21 and older.
South Dakota
Industrial hemp CBD products with under 0.3% THC are now legal in South Dakota.
Tennessee
Adults 21+ can legally purchase hemp-derived CBD products within the state, under Farm Bill-compliant guidelines.
Texas
CBD is legal if it’s hemp-derived and contains less than 0.3% THC. New legislation could further restrict cannabinoids besides CBD and CBG.
Utah
Hemp and cannabis-derived CBD are legal, though cannabis CBD is more tightly regulated.
Vermont
Both types of CBD are legal for purchase by adults 21 and older.
Virginia
Hemp-derived CBD is legal and requires no prescription.
Washington
Hemp CBD is legal, but the state restricts the use of CBD in edibles and drinks.
West Virginia
Hemp-derived CBD with under 0.3% THC is fully legal.
Wisconsin
Industrial hemp-based CBD is legal under the 2018 Farm Bill.
Wyoming
CBD products made from industrial hemp are legal, but brick-and-mortar availability is limited. Most purchases occur via online stores.
Final Thoughts
While hemp-derived CBD is federally legal, each state has the right to enforce its own rules. Some states align fully with the Farm Bill, while others limit certain products, require prescriptions, or ban THC-containing formulas altogether.
If you’re a consumer or a CBD business, it’s crucial to stay updated on your specific state’s laws, especially as legal changes continue across the country.
Always purchase lab-tested CBD products from reputable sources, and check with local authorities or legal counsel before traveling or shipping CBD across state lines.
Frequently Asked Questions
Can you smoke or vape CBD in public?
Although CBD is legal at the federal level in the US, in most states, there are still restrictions on smoking or vaping in public. If you are caught smoking CBD in public, you could be charged with a misdemeanor and face a fine depending on your state.
Is there any restriction on the quantity of CBD products you can buy?
There is no certain restriction on the quantity of hemp CBD products. You can buy in most of the legal states. However, a CBD shop can impose restrictions if the product is in limited quantity.
How old do you need to be to buy CBD?
In most states, you need to be at least 21 years of age to purchase CBD products from a reputable online store or at a brick-and-mortar store. In both cases, you will be required to identify your age.
Can you fly with CBD?
According to TSA, you are allowed to carry hemp-based CBD products on a domestic flight as long as they contain less than 0.3% of THC. However, due to limited exposure of CBD, the law may differ according to the airlines. For international flights, check the laws of your destination and the airline.
Disclosure:
The information provided in this article is meant for general use only and may not always suit everyone’s individual needs. Your health and wellness are personal, so consult a medical professional for personalized advice before making decisions based on our content.
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