The Legal Status of CBD in 50 States

The CBD market is expected to reach a whopping $22 billion by 2022, as the body of evidence supporting CBD’s medicinal value continues to grow. But until recently the legality of CBD was up in the air in most states. The 2014 Farm Bill changed that, federally legalizing hemp and CBD, and the 2018 Farm Bill formally removed hemp and CBD from the Controlled Substances Act.

While hemp and CBD products with THC levels below 0.3% are now federally legal, there are still nuances to state-level legality, and not all CBD products are legal. So how do you know which CBD products you can legally purchase and which you can’t? We put together this detailed state-by-state breakdown of CBD legality .

The Difference Between CBD From Hemp and Marijuana

While most of us understand the difference between CBD isolate and full spectrum CBD, there is another less known, but very important difference when it comes to CBD legality: If the CBD was derived from hemp or from marijuana.

1. The Legality of hemp-derived CBD.

Hemp-derived CBD is federally legal because of the 2014 & 2018 Farm Bills. Marijuana prohibition stems from the presence of THC; CBD derived from hemp has no THC or psychoactive effects, so you can legally purchase, sell, or possess hemp-derived CBD in all 50 states. However, some states are friendlier than others, and the availability of CBD differs state-by-state.

2. The legality of marijuana-derived CBD.

Marijuana-derived CBD is a different story. “Marijuana” is classified federally as any cannabis plant that contains more than 0.3% THC. CBD derived from marijuana will have a THC percentage above this threshold, so it carries the same legal restrictions as the marijuana plant itself. The legality of marijuana-derived CBD, then, is essentially equivalent to the legality of marijuana itself: it is federally illegal, but legal in certain states that have legalized marijuana either for recreational use or medicinal use.

CBD Legality By State

The exemption of CBD from the Controlled Substances Act in 2018 finally ended the federal prohibition of CBD. However, each state’s laws haven’t caught up to this exemption. You are all but 100% certain to not get prosecuted for using or possessing low-THC CBD products in all 50 states. But state-by-state laws are varyingly permissive, and CBD is still formally illegal in some states.

State

In-state Legality

Can You Buy Online?

Alabama

Yes

Yes

Alaska

Yes

Yes

Arizona

Yes

Yes

Arkansas

Yes

Yes

California

Yes

Yes

Colorado

Yes

Yes

Connecticut

Yes

Yes

Delaware

Yes

Yes

Florida

Yes

Yes

Georgia

Yes

Yes

Hawaii

Yes

Yes

Idaho

Yes

Yes

Illinois

Yes

Yes

Indiana

Yes

Yes

Kansas

Yes

Yes

Kentucky

Yes

Yes

Louisiana

Yes

Yes

Maine

Yes

Yes

Maryland

Yes

Yes

Massachusetts

Yes

Yes

Michigan

Yes

Yes

Minnesota

Yes

Yes

Mississippi

Yes

Yes

Missouri

Yes

Yes

Montana

Yes

Yes

Nebraska

No, but law enforcement doesn’t prosecute possessio

Yes

Nevada

Yes

Yes

New Hampshire

Yes

Yes

New Jersey

Yes

Yes

New Mexico

Yes

Yes

New York

Yes, though sale of CBD edibles is restricted

Yes

North Carolina

No, but law enforcement doesn’t prosecute possession

Yes

North Dakota

Yes

Yes

Ohio

Yes

Yes

Oklahoma

Yes

Yes

Oregon

Yes

Yes

Pennsylvania

Yes

Yes

Rhode Island

Yes

Yes

South Carolina

Yes

Yes

South Dakota

Yes

Yes

Tennessee

Yes

Yes

Texas

Yes

Yes

Utah

Yes

Yes

Vermont

Yes

Yes

Virginia

No, but law enforcement doesn’t prosecute possessio

Yes

Washington

Yes

Yes

West Virginia

Yes

Yes

Wisconsin

No, but law enforcement doesn’t prosecute possessio

Yes

Wyoming

Yes

Yes

 

Alabama

In Alabama, CBD derived from hemp thats contains no more than than 0.3 percent THC is legal to produce, sell and possess. However, CBD derived from marijuana is illegal.

Alaska

CBD extracted from all varieties of hemp (including marijuana) are available for purchase in Alaska.

Arizona

CBD products below the 0.3% THC threshold are legally accessible in Arizona. In May 2018, Arizona legalized the cultivation of industrial hemp with the passage of SB 1098, though a license is required from the Arizona Department of Agriculture.

Arkansas

The 2017 Arkansas Industrial Hemp Act legalized the sale of hemp-derived CBD with less than 0.3% THC. Also, the 2016 Arkansas Medical Marijuana Act legalized medical marijuana, so individuals with legal medical marijuana permits can purchase marijuana-derived CBD as well.

California

Marijuana is legal both medicinally and recreationally in California, so all CBD products, hemp or marijuana-derived, can be purchased legally.

Colorado

The 2012 Amendment 64 ballot measure legalized the purchase, sale, and possession of marijuana products in Colorado. This includes hemp-derived CBD, which is not subject to the same age-restriction rules as marijuana.

 

Connecticut

Connecticut legalized the use of industrial hemp in 2015, so all hemp-derived CBD is legal. Also, Connecticut has legal medical marijuana, so marijuana-derived CBD is accessible to individuals with a medical card.

 

Delaware

Hemp-derived CBD with less than 0.3% THC is legal in Delaware. Since Rylie’s Law passed in 2015, medical marijuana products (including marijuana-derived CBD) that contain under 7% THC are legal in Delaware as well for medical marijuana patients. Marijuana-derived CBD with THC levels higher than 7% is illegal.

Florida

Hemp-derived CBD with less than 0.3% THC is legal in Florida. Marijuana-derived CBD with THC levels higher than 3% is illegal to possess without a medical marijuana card.

Georgia

CBD products with THC levels below the 0.3% threshold are legal in Georgia. Haleigh’s Hope Act, passed in 2015, created a program for patients with severe medical conditions to access “low-THC oil,” described as oil with less than 5% THC. To get this oil, you must have a low-THC oil card.

Marijuana-derived CBD products with a THC level above 5% are accessible only to patients with medical permits.

Hawaii

Hemp-derived CBD products are fully legal in Hawaii. However, unless you have a medical card, CBD products with THC levels higher than 0.3% are illegal.

Idaho

Idaho is one of the strictest states regarding CBD legality: the only legal CBD products are those produced from one of five identified parts of the cannabis plant, and these products must have not just less than 0.3% THC, but zero THC. All other hemp and marijuana-derived products are illegal.

Illinois

Hemp-based CBD products with levels below 0.3% THC are legal to purchase and possess in the state of Illinois. CBD extracted from marijuana with THC levels higher than this can only be purchased with a legal medical cannabis card.

Indiana

The Governor of Indiana signed a measure in March 2018 legalizing low-CBD oil, classified as any CBD product with less than 0.3% THC. Marijuana-derived CBD is illegal in Indiana.

Iowa

CBD oil can be legally prescribed to patients with severe medical conditions in Iowa. The 2018 Farm Bill legalized hemp-derived marijuana with THC levels lower than 0.3%., but all CBD products are still illegal by Iowa state law. The result is a bit of a gray area: individuals are almost never legally prosecuted for either selling or purchasing, but Iowa law enforcement has raided retail sellers and confiscated CBD products.

Marijuana-derived CBD products can only be purchased with a medical card.

Kansas

The Kansas State legislature voted last year to exempt CBD with no THC from its definition of marijuana, so hemp-derived CBD is legal in Kansas. CBD extracted from marijuana is illegal.

Kentucky

The cultivation, sale, and possession of hemp-derived CBD with less than 0.3% THC is legal in Kentucky. Medical marijuana is illegal in Kentucky, so marijuana-derived CBD is illegal as well.

Louisiana

Hemp-derived CBD with less than 0.3% THC is legal in Louisiana, but marijuana-derived CBD is illegal unless you have a medical marijuana card.

Maine

Maine legalized recreational marijuana in 2018, so CBD extracted from both hemp and marijuana are legal in Maine.

Maryland

CBD products derived from hemp with THC levels below 0.3% can be legally purchased and possessed in Maryland. CBD extracted from marijuana is only legal for medical marijuana card-holders.

Massachusetts

CBD below the 0.3% threshold is legal in Massachusetts. Since Massachusetts legalized recreational and medical marijuana in 2016, CBD products with THC levels higher than 0.3% are considered a cannabis product and regulated, but still legal to individuals over 21.

Michigan

Legislation passed in 2018 exempted hemp-derived CBD from the state’s definition of marijuana, so hemp-derived CBD is legal. Marijuana-derived CBD can only be purchased and possessed by individuals with a medical marijuana permit.

Minnesota

Hemp-derived CBD with THC levels below 0.3% is legal to purchase and possess in Minnesota. Marijuana-derived is accessible to qualified medical marijuana patients only.

Mississippi

In Mississippi, only hemp-derived CBD products that have less than 0.3% THC are legal. All other forms of CBD are illegal.

Missouri

Individuals can legally purchase and possess hemp-derived CBD products with THC levels below the 0.3% threshold. Medical marijuana legislation was passed in 2018, but a system is not in place yet so marijuana-derived CBD is still illegal.

Montana

Hemp-derived CBD products are legal in Montana, but marijuana-derived CBD products are accessible only to medical marijuana patients.

Nebraska

Nebraska’s CBD laws are strict, and while CBD products with less than 0.3% THC are legal federally, the Nebraska state officials have recently indicated they still consider all CBD products to be illegal. However, if the CBD product does have less than 0.3%, there is virtually no chance of prosecution. CBD extracted from marijuana remains illegal, though.

Nevada

CBD derived from both hemp and marijuana are legal in Nevada, though marijuana-derived CBD is subject to the same regulations as recreational marijuana.

New Hampshire

Cannabis products below the 0.3% THC threshold (including hemp-derived CBD) can be legally purchased and possessed in New Hampshire. All other cannabis products are subject to New Hampshire’s medical marijuana regulations.

New Jersey

Hemp-derived CBD is legal in New Jersey, but marijuana-derived CBD is illegal unless you have a medical marijuana card.

New Mexico

CBD products extracted from hemp with THC levels below 0.3% are legal in New Mexico. CBD products with THC levels above 0.3% can only legally be purchased with a medical marijuana card.

New York

In New York, CBD derived from hemp with no more than 0.3% THC is legal to purchase and possess. However, New York law enforcement recently cracked down on the sale of CBD edibles, though individuals will not face prosecution for CBD use.

Cannabis products like marijuana-derived CBD with higher THC levels are subject to New York’s medical marijuana laws.

North Carolina

North Carolina is one of the stricter states regarding CBD legality. Purchase or possession of any CBD product is formally illegal under North Carolina state law unless you have a medical prescription. However, you will not be prosecuted for buying or possessing hemp-derived CBD products with less than 0.3% THC. Marijuana-derived CBD is illegal in North Carolina.

North Dakota

If a CBD product has less than 0.3% THC, it is legal to use, purchase, or possess in North Dakota. Marijuana-derived CBD is illegal unless you have a medical marijuana card.

Ohio

Ohio state law S.B. 57 legalized the use, purchase, and possession of hemp-derived CBD products. Only medical marijuana patients can legally access marijuana-derived CBD products.

Oklahoma

Individuals can legally purchase, use, and possess hemp-derived CBD with THC levels less than 0.3%. CBD products with THC levels higher than this are subject to Oklahoma’s recently passed medical marijuana regulations.

Oregon

All forms of CBD are legal in Oregon, though marijuana-derived CBD is subject to Oregon’s recreational marijuana regulations.

Pennsylvania

In Pennsylvania, hemp-derived CBD products with THC levels below 0.3% are legal, but marijuana-derived CBD products with THC levels higher than this can only be purchased if you have a medical marijuana card.

Rhode Island

Rhode Island legalized all hemp-based products in 2015, so hemp-derived CBD is fully legal in Rhode Island. CBD extracted from marijuana is only legal medicinally, with a license.

South Carolina

CBD derived from hemp that has THC levels below 0.3% is legal in South Carolina. All other forms of CBD are illegal.

South Dakota

South Dakota’s State Senate Bill 98 passed in 2017 excluded CBD products from the state’s definition of marijuana, so CBD products with less than 0.3% THC are legal. South Dakota does not permit medical marijuana, though, so all other CBD products are illegal.

Tennessee

Hemp-based CBD products are legal in Tennessee. Tennessee allows the possession and use of CBD products with up to 0.9% THC are legal with a doctor’s order, but all other CBD products are illegal.

Texas

While the production and sale of CBD is heavily restricted in Texas, hemp-derived CBD products with less than 0.3% THC are legal to use and possess. CBD products extracted from marijuana with more than 0.3% THC can only be accessed by epilepsy patients with a cannabis permit.

Utah

In 2018, the Utah state legislature passed a law legalizing hemp products with less than 0.3%  THC, so hemp-derived CBD products are legal in Utah. Marijuana-derived CBD products are illegal.

Vermont

Vermont state laws permit the use, sale, and possession of hemp-derived CBD products with no more than 0.3% THC. Access to CBD extracted from marijuana is restricted to individuals with a medical marijuana card.

 

Virginia

Hemp-extracted CBD products with THC below the 0.3% threshold are legal in Virginia. State law HB 1251 made it legal for epilepsy patients to purchase and use CBD products with no more than 5% THC. All other cannabis products are illegal.

 

Washington

All CBD products, both hemp and marijuana-derived, are legal in Washington state, though CBD products with more than 0.3% are subject to Washington’s medical and recreational regulations.

West Virginia

You can legally sell, purchase, and use CBD products in West Virginia as long as they don’t exceed the 0.3% THC threshold. Medical marijuana patients can legally use CBD products with more than 0.3% THC.

Wisconsin

The Wisconsin Department of Justice declared all CBD products — including those with little/no THC — illegal to possess or sell in 2018. However, hemp-derived CBD with less than 0.3% THC is in a legal grey area because it is federally legal, and you almost certainly will not face legal trouble for possessing CBD in Wisconsin.

Wyoming

On March 6, 2019, Wyoming’s governor signed a law legalized hemp and hemp-derived CBD. However, CBD products with more than 0.3% THC are illegal in Wyoming.

Frequently Asked Questions About CBD Being Legal

Here are some common questions people ask about CBD legality.

Is CBD federally legal?

CBD products with less than 0.3% THC are not classified as “marijuana,” and are federally legal to sell, use, and possess.

Is it legal to fly with CBD oil?

Yes, if the CBD oil is hemp-derived and contains less than 0.3% THC. However, CBD products can have higher THC levels than advertised, and flying with a CBD product with higher than 0.3% THC is still illegal.

Do drug dogs smell CBD?

The two terpenes that dogs are trained to smell in marijuana, pinene and caryophyllene, are not in CBD oil, so drug dogs do not smell CBD products.

Is CBD legal for military?

The Department of Defense prohibited U.S. military service members from using, selling, or possessing CBD oil — including the Army, Air Force, and Navy.

Is CBD oil legal for CDL drivers?

Yes, CDL drivers can legally use CBD oil as long as it has less than 0.3% THC.

Is CBD legal to ship across state lines?

Yes, hemp-derived CBD oil below the 0.3% threshold can legally be shipping across state lines.

Is it legal to sell CBD Online?

Hemp-derived oil can legally be sold online as long as it has no more than 0.3% THC. CBD products with a higher THC level are classified as marijuana and are illegal to sell.

Is it legal to drive with CBD?

CBD has no psychoactive effects, so if the type of CBD consumed has less than 0.3% THC, then yes, it is legal to consume it and drive. Marijuana-derived CBD products are illegal and have higher THC levels that could lead you to test positive for THC in a drug test.

Conclusion

The mishmash of laws, classifications, and exemptions regarding CBD at both the federal and state levels can make your head turn. Add to that the fact that some state law enforcement agencies randomly raid stores and confiscate CBD products, and some people get scared off from CBD. But the bottom line is hemp-derived CBD is legal in all 50 states, and regardless of state laws the chance of you facing any legal trouble for possessing hemp-derived CBD is virtually zero.