Is CBD oil legal in all 50 states?
With all the buzz that cannabidiol (CBD) is garnering these days, you’re probably excited to get your hands on one and see the results for yourself. However, CBD remains a hot topic around regulation and legalization. A question has been going through many peoples heads, is CBD legal in all 50 states?
What are your State and Local authorities’ stances on the matter? And how can you make sure you’re not getting into trouble if you buy them?
After all, more robust research on CBD is still underway, prompting leading authorities like the FDA to err on the side of caution. But don’t panic just yet anecdotal evidence shows a lot of promise, and it’ll only be a matter of time before legislation swings in CBD’s favor.
For now, however, all you can do is find the answers for yourself. That’s why in this article, we’ll walk you through what States are legal, along with specific state requirements on their sourcing, processing, distribution, and consumption.
Even better, we’ll also briefly discuss CBD regulation and legalization on the Federal, State, FDA, and local levels to keep you updated on the latest progress and changes in your area.
States Where CBD Is Legal
To start, we want to answer one of your most burning questions immediately: “In what states is CBD legal?” To answer succinctly, here’s a list of every state’s position on the CBD matter, accompanied by specific restrictions and considerations:
| STATE | CBD LEGAL STATUS | RESTRICTIONS |
| Alabama | Legal with restrictions | CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions |
| Alaska | Legal with restrictions | No food/beverages |
| Arizona | Legal with restrictions | No food/beverages |
| Arkansas | Legal with restrictions | Cannabis-derived CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions |
| California | Legal with restrictions | Hemp-derived CBD edibles are not legal in the state, but cannabis-derived CBD edibles are; doesn’t seem to be strictly enforced and legislation has been proposed to remove this restriction |
| Colorado | Legal with restrictions | No baked goods |
| Connecticut | Legal with restrictions | Food/beverage establishments must be registered |
| Delaware | Legal with restrictions | Cannabis-derived CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions; hemp grower must be affiliated with Delaware State University |
| District of Columbia | Fully legal | None |
| Florida | Legal with restrictions | Hemp-derived CBD oil only; labeling is regulated |
| Georgia | Legal with restrictions | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions; must contain equal amounts of THC and CBD, and THC content cannot exceed 5% |
| Hawaii | Legal with restrictions | Hemp-derived CBD oil only |
| Idaho | Illegal with considerations | Varieties with 0% THC content only |
| Illinois | Fully legal | None |
| Indiana | Legal with restrictions | All varieties legal so long as they do not exceed 0.3% THC |
| Iowa | Illegal with considerations | Cannabis-derived CBD oil exceeding 0.3% THC legal with medical cannabis license; list of accepted conditions is fairly restrictive |
| Kansas | Legal with restrictions | All varieties legal so long as there is no traceable THC content; medical CBD oil legal with license for specific conditions, provided the THC content doesn’t exceed 5% |
| Kentucky | Legal with restrictions | Hemp-derived CBD oil only |
| Louisiana | Legal with restrictions | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
| Maine | Legal with restrictions | Legal only if CBD is extracted from licensed Maine hemp grower |
| Maryland | Legal with restrictions | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
| Massachusetts | Fully legal | Oil with THC content exceeding 0.3% fully legal for adults age 21 and up and for adults 18 to 20 years old with medical cannabis license |
| Michigan | Legal with restrictions | No food/beverage |
| Minnesota | Legal with restrictions | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
| Mississippi | Legal with restrictions | Cannabis-derived CBD oil legal with medical cannabis license; limited number of accepted conditions; must be obtained from University of Mississippi; cannot exceed 0.5% THC |
| Missouri | Legal with restrictions | CBD oil exceeding 0.3% THC legal with medical cannabis license—no qualifying conditions |
| Montana | Legal with restrictions | No food/beverage |
| Nebraska | Legal with restrictions | Hemp-derived CBD oil only; cannabis is illegal even for medical purposes |
| Nevada | Legal with restrictions | No food/beverage; CBD sales allowed in cannabis stores only |
| New Hampshire | Legal with restrictions | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
| New Jersey | Fully legal | None |
| New Mexico | Legal with restrictions | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
| New York | Legal with restrictions | No food/beverage; purity testing required |
| North Carolina | Legal with restrictions | Cannabis-derived CBD oil legal with medical cannabis license; however, the program is limited to a very small subset of the population of study participants and patients suffering from specific conditions |
| North Dakota | Legal with restrictions | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
| Ohio | Legal with restrictions | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
| Oklahoma | Legal with restrictions | Cannabis-derived CBD oil legal with medical cannabis license; no qualifying conditions |
| Oregon | Fully legal | Label regulations coming |
| Pennsylvania | Legal with restrictions | CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions |
| Rhode Island | Legal with restrictions | CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions |
| South Carolina | Legal with restrictions | CBD oil exceeding 0.9% THC legal with medical cannabis license; very restrictive list of qualifying conditions |
| South Dakota | Illegal with considerations | Medical and recreational cannabis products illegal; ballot measure proposed to change this ruling following a successful 2020 ballot measure that was overturned by the Supreme Court |
| Tennessee | Legal with restrictions | CBD oil exceeding 0.9% THC legal with medical cannabis license; very restrictive list of qualifying conditions |
| Texas | Legal with restrictions | Low-THC (up to 1%) CBD oil available for patients with qualifying conditions |
| Utah | Legal with restrictions | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
| Vermont | Legal with restrictions | No CBD with meat or dairy allowed; maple syrup subject to specific rules |
| Virginia | Fully legal | None |
| Washington | Legal with restrictions | No food/beverages |
| West Virginia | Legal with restrictions | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
| Wisconsin | Legal with restrictions | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
| Wyoming | Legal with restrictions | Hemp-derived CBD oil only |
CBD and The 2018 Farm Bill
When the Agricultural Improvement Act of 2018 (the 2018 Farm Bill) became law, it ended the ban on cannabis. This ban had been in place since 1937.
This new law opened the doors for people to bring back hemp and marijuana- and hemp-based CBD products into their households as a health supplement — the latter even more so.
This is because cannabis with less than 0.3% tetrahydrocannabinol (the major psychoactive cannabidiol in hemp plants) is now legally classified as hemp.
Under the 2018 Farm Bill, hemp is classified as an agricultural crop. This means that while this has certainly driven the expansion of the hemp industry into the health and wellness sector. CBD is legal and compliant with the Controlled Substance Act.
That’s why, for CBD manufacturers, distributors, and consumers, it’s still crucial to check what laws are in place across the country.
CBD and Federal Law
If you have been wondering if CBD is federally legal, then we have the answer for you. Thanks to the 2018 Farm Bill, hemp and all its derivatives are no longer considered marijuana products.
This means that Federal authorities, like the Drug Enforcement Administration (DEA), can no longer arrest and/or penalize people for growing hemp or extracting and/or possessing CBD products.
It does, however, place the responsibility of regulating hemp-based food and drugs in the hands of the Food and Drug Administration (FDA). But does this mean that Federal legality automatically means State legality?
CBD and State Laws
Since each state can set its own rules on hemp and CBD sourcing, manufacturing, distribution, and consumption, a simple, straightforward answer is not possible.
For example, CBD products are completely legal in Illinois, Massachusetts, and New Jersey but are illegal (with considerations) in Idaho, Iowa, and South Dakota. That’s why it’s important to stay updated on your state’s current laws on hemp and CBD, as they are constantly changing over time.
CBD and The FDA
The FDA has been grappling with the CBD issue for a while in the United States.
On the one hand, they are painfully aware that banning all non-prescription varieties of CBD will open the floodgates to an illegal market overflowing with unregulated, unlicensed, untested, and possibly unsafe CBD.
On the other, they’ve acknowledged — after a lengthy review period — that their regulatory resources are not enough to oversee many of the risks arising from the use of CBD products. They are, however, open to working further with Congress for a better and clearer path forward.
For now, they have left it to the States and Localities to create their own health and safety regulations around CBD as it continues to need more research to prove its effectiveness.
CBD and Mixed Jurisdictions
Since no one has fully grasped the extent of what CBD can do, even Local authorities in States where CBD is legal are still wrestling with what they can and cannot allow.
To be on the safe side, Localities such as Washington, Montana, and Arizona (among others) have banned the sale of CBD-infused food and beverages until they figure out what they’re all about.
As a general rule, consumers should check their Local jurisdictions before attempting to order CBD products, whether in person or online, to avoid legal headaches.
Sum It Up!
We can all agree that CBD legalization and regulation remain points of contention. For your own health and safety, make sure — after checking your State and Local laws — to only purchase CBD products from reputable retailers.
At Zatural, we strictly abide by different State and Local rules on selling CBD, sourcing, processing, and distribution to provide our customers with the best organic, toxin-free, filler-free, and third-party tested CBD oils, edibles, topicals, and pet products.
Our entire award-winning selections are safe to consume and have gone through stringent purity tests to not only help our customers achieve the results they want but also give them peace of mind.
Zatural CBD Products
*FDA DISCLAIMER -These statements have not been evaluated by the FDA.