A lot of people are using CBD in various forms and talking about how it helped them. However, as interest in CBD grows, so does the need for clarity on its legal status, particularly in the United States.
In this article, we will take a closer look at the current CBD laws in the US and we will also address the laws of all 50 states of the US regarding its buying, possession, and use.
What is CBD?
CBD, short for “cannabidiol”, is a naturally occurring cannabinoid that is found in cannabis and hemp plants. You can either smoke CBD, eat it, vape it, drink it, or apply it to your body.
Unlike its counterpart, tetrahydrocannabinol (THC), CBD doesn’t induce a “high.” Instead, it offers various therapeutic and wellness benefits, including anxiety reduction, pain relief, sleep promotion, and anti-inflammatory effects.
Is CBD legal in the US?
In 2018, the passage of the Farm Bill legalized hemp-derived CBD at the federal level, provided it contains no more than 0.3% of THC.
This distinction is crucial because it makes CBD derived from industrial hemp legal, while CBD from marijuana remains federally illegal in the US.
However, this federal legality doesn’t automatically mean that hemp-derived CBD is legal in every state. States have the authority to regulate CBD within their borders, and their approaches vary widely.
CBD Legalization by State
As of 2024, 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 remains highly restricted or illegal due to its THC content.
Additionally, some states have implemented additional regulations, such as requiring CBD products to undergo testing for purity and potency. Others have established specific licensing requirements for CBD retailers and producers.
In states where recreational or medical marijuana is legal, CBD derived from marijuana is generally legal as well. However, the THC content may be subject to stricter regulations.
Here’s is a detailed overview of CBD legalization by each state:
Is CBD legal in Alabama?
Hemp-extracted CBD is legal in Alabama. The state follows the Farm Bill, which makes CBD products with less than 0.3% of THC legal with no restriction. Anyone over the age of 21 can purchase CBD products online or at a local store in Alabama.
Is CBD legal in Alaska?
In Alaska, both hemp-extracted CBD and cannabis-extracted CBD are legal in every form. Anyone over 21 of age can purchase all types of CBD products in Alaska.
Is CBD legal in Arizona?
Both hemp-based CBD and cannabis-based CBD are legal in Arizona.
Is CBD legal in Arkansas?
Hemp extract CBD with less than 0.3% THC is legal in Arkansas, while cannabis-derived CBD has restrictions. People of legal ages can purchase and use all types of hemp CBD products legally from a local store or online in Arkansas.
Is CBD legal in California?
Cannabis-extracted and hemp-extracted CBD with less than 0.3% of THC is legal in California. Any adult of 21+ age can purchase and use all kinds of CBD products without any issue.
Is CBD legal in Colorado?
Hemp-extracted CBD and cannabis-extracted CBD, both are legal in Colorado. But you have to be 18+ of age to purchase hemp-extracted CBD, and 21+ to purchase marijuana-extracted CBD products.
Is CBD legal in Connecticut?
Hemp extract CBD with THC less than 0.3% is legal for use and purchase in Connecticut for people over the age of 21. However, to purchase cannabis extracted CBD product with more than 0.3% of THC, you need a prescription.
Is CBD legal in Delaware?
Anyone over the age of 18 can purchase hemp extracted CBD products with less than 0.3% of THC, but you will need a prescription to purchase cannabis extracted CBD with THC above 0.3%.
Is CBD legal in District of Columbia?
Both hemp-extracted and cannabis-extracted CBD is legal in the District of Columbia.
Is CBD legal in Florida?
Hemp extracted CBD is legal in Florida as long as it contains less than 0.3% of THC. However, cannabis-extracted CBD is restricted.
Is CBD legal in Georgia?
Only CBD from hemp with less than 0.3% THC is legal for use and purchase in Georgia. Anyone over the age of 18 can purchase CBD products online or at a local store in Georgia.
Is CBD legal in Hawaii?
Hemp-derived CBD with less than 0.3% of THC is legal in Hawaii. A person over the age of 21 can purchase CBD products online or at a brick-and-mortar store.
Is CBD legal in Idaho?
The state of Idaho only allowed the purchase and use of CBD products that contain no amount of THC which means you can only purchase CBD isolate and broad-spectrum CBD in Idaho, legally. However, there are no restrictions for FDA-approved CBD medicines like Epidiolex.
Is CBD legal in Illinois?
Both cannabis-extracted and hemp-extracted CBD with less than 0.3% of THC is legal in the state of Illinois for purchase and use. A person over the age of 21 can buy all kinds of CBD products in Illinois.
Is CBD legal in Indiana?
In Indiana, it is legal to purchase hemp extracted CBD only that contains less than 0.3% of THC. Anyone over the age of 18 can buy CBD-based products either online or at a local shop.
Is CBD legal in Iowa?
Iowa also follows the Farm Law regarding CBD, making hemp extract CBD with less than 0.3% legal for sale, purchase, and use in the state.
Is CBD legal in Kansas?
Kansas law for CBD is similar to Idaho, The state does not adhere to the Federal Law and only allows the sale and purchase of CBD products that do not contain any amount of THC. A person can only purchase CBD isolate and broad spectrum products in the state of Kansas.
Is CBD legal in Kentucky?
Hemp-extracted CBD products that are THC-free are legal for use and purchase in the state of Kentucky. In some cases, you may require a prescription to purchase CBD in your local store, but it won’t be necessary if you purchase it online.
Is CBD legal in Louisiana?
The state of Louisiana follows the 2018 Farm Bill and allows the purchase and use of hemp-derived CBD products in the state that contain less than 0.3% of THC.
Is CBD legal in Maine?
Both Hemp-derived with less than 0.3% of THC and cannabis-derived CBD is legal in Maine. However, you need a prescription and have to be over the age of 21 to purchase cannabis CBD.
Is CBD legal in Maryland?
In the state of Maryland, only hemp-based CBD with less than 0.3% THC is legal for online and offline purchases.
Is CBD legal in Massachusetts?
Massachusetts allows both hemp and cannabis extracted CBD products for sale and purchase in the state. However, there is a certain restriction that came with the purchase of cannabis-based CBD products.
Is CBD legal in Michigan?
Similar to Massachusetts, Michigan also allows both cannabis and hemp-based CBD products in the state. Although, you will need a doctor’s recommendation or marijuana medical card to purchase cannabis extracted CBD products.
Is CBD legal in Minnesota?
Similar to most of the states, Minnesota also follows the Farm Bill of 2018 and only allows the sale and purchase of hemp extracted CBD products that contain THC less than 0.3%.
Is CBD legal in Mississippi?
CBD derived from hemp which contains less than 0.3% of THC is legal in Mississippi. Anyone over the age of 21 is allowed to purchase it. However, the CBD law of Mississippi is stricter than most states.
Is CBD legal in Missouri?
Like most states, Missouri also follows the Farm Law and legalizes hemp-extracted CBD that contains less than 0.3% of THC. People over the age of 21 can purchase all kinds of CBD products in Missouri.
Is CBD legal in Montana?
Montana citizens can purchase CBD products legally as long as it is extracted from hemp and contains less than 0.3% of THC. Additionally, cannabis-extracted CBD also has fewer restrictions than most states.
Is CBD legal in Nebraska?
Nebraska also follows the 2018 Farm Law and legalizes only hemp-based CBD products that contain less than 0.3% THC in the state. There is no minimum age for use but local CBD vendors can restrict a consumer who is under 21 years of age.
Is CBD legal in Nevada?
Anyone over the age of 21 can legally purchase both hemp-extracted and cannabis-extracted CBD products in Nevada without any issue.
Is CBD legal in New Hampshire?
New Hampshire is one of the few states that only allows the sale of hemp-based pure CBD tinctures, oils, flowers, and topicals only. The state has restricted the sale of full-spectrum CBD edibles and drinks.
Is CBD legal in New Jersey?
The state of New Jersey legalizes both hemp-based and marijuana-based CBD to any legal resident over the age of 21.
Is CBD legal in New Mexico?
The state of New Mexico allows both hemp-based and marijuana-based CBD to any legal resident over the age of 18. Although, there are certain restrictions on marijuana-based CBD products.
Is CBD legal in New York?
Like most of the states of the US, New York has also legalized hemp-based CBD that contains less than 0.3% THC. Anyone over the age of 21 is legally allowed to purchase CBD products. Additionally, the cannabis-derived CBD also has fewer restrictions.
Is CBD legal in North Carolina?
Like New Hampshire, North Carolina also allows the use of hemp-based CBD Oils, tinctures, and topicals only. While full-spectrum CBD edibles and drinks are restricted in the state.
Is CBD legal in North Dakota?
North Dakota is one of the states that follow 2018 Farm Law and legalizes hemp extracted CBD products that fall under the Farm Law guidelines.
Is CBD legal in Ohio?
Similar to most states, Ohio also follows the Farm Bill and legalizes the consumption of CBD that has less than 0.3% THC and came from hemp plants.
Is CBD legal in Oklahoma?
Oklahoma also follows the 2018 Farm bill guidelines and allows hemp-derived CBD products that contain less than 0.3% of THC for sale and consumption in the state.
Is CBD legal in Oregon?
In Oregon, both hemp and cannabis-based CBD is legal for sale, purchase, and use in the state. The state of Oregon has a very relaxed law regarding CBD, however, you have to be at least 21 years of age to purchase CBD.
Is CBD legal in Pennsylvania?
Hemp-based CBD products that contain less than 0.3% THC are completely legal in the state of Pennsylvania. However, a person needs to be over the age of 21 to make a purchase.
Is CBD legal in Rhode Island?
Both cannabis-based and hemp-based CBD products are legal in Rhode Island, but there are restrictions regarding cannabis-based CBD products.
Is CBD legal in South Carolina?
Hemp-based CBD products that follow the Farm bill guidelines are legal in the state of South Carolina for adults over the age of 21.
Is CBD legal in South Dakota?
Recently, South Dakota has become one of the states that legalized industrial hemp-based CBD products.
Is CBD legal in Tennessee?
Tennessee is also amongst the states that follow the Farm bill and allow hemp-derived CBD that contains less than 0.3% of THC to be legally purchased and used by all adults over the age of 21.
Is CBD legal in Texas?
CBD is legal in Texas for purchase and use as long as it is extracted from industrial hemp and contains less than 0.3% of THC.
Is CBD legal in Utah?
Both cannabis-based and hemp-based CBD are legal for purchase and use in Utah. However, there are certain restrictions that come with cannabis extract CBD products.
Is CBD legal in Vermont?
In Vermont, both cannabis-extracted and hemp-extracted CBD are legal for purchase and consumption. However, you need to be over the age of 21.
Is CBD legal in Virginia?
Like most of the states in the US, Virginia also follows the 2018 Farm bill and allows hemp-extracted CBD products to be sold and consumed in the state without needing any prescription.
Is CBD legal in Washington?
Following the Farm bill, Washington also legalizes hemp-based CBD. However, there are restrictions regarding CBD edibles and CBD beverages products in the state.
Is CBD legal in West Virginia?
Only industrial hemp-extract CBD products that contain THC less than 0.3% are legal for purchase and consumption in West Virginia.
Is CBD legal in Wisconsin?
Wisconsin is amongst the first states that follow the 2018 Farm Bill and allows the legalization of industrial hemp-based CBD products.
Is CBD legal in Wyoming?
Despite the tough cannabis laws of the state, Wyoming has legalized the purchase and use of CBD products that are extracted from industrial hemp. However, there are few to none brick and mortar shops in the state so you have to purchase CBD products online.
Final thoughts
While hemp-derived CBD is federally legal in the US, it is imperative that you be aware of your state-specific laws to ensure legal compliance.
As the CBD landscape continues to grow, ongoing updates and understanding of local regulations will be essential for anyone involved in the CBD industry or considering incorporating CBD products into their wellness routine.
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 can be charged with a misdemeanor, and can face a fine and jail time 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 & 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 it contains less than 0.3% of THC. However, due to limited exposure of CBD, the law may differ according to the airlines. For international flights, you have to check the law of your destination.
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 you should consult a medical professional for personalized advice before making any decisions based on our content.
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