Why People Ask About CBD’s Legal Status
CBD oil is everywhere—on store shelves, in wellness shops, and across online marketplaces. With such wide availability, it’s natural to wonder: is CBD legal in all 50 states?
The short answer is no. While federal law allows CBD derived from hemp plants, state law varies. Some states fully embrace CBD products, while others restrict or even ban them. Add in local rules, and things can get confusing fast.
To understand CBD’s legal status, you need to look at three levels of regulation: federal law, state law, and local restrictions.
CBD and the 2018 Farm Bill
The 2018 Farm Bill changed everything for the hemp industry. Before it passed, all cannabis plants—including hemp—were lumped together under federal law. Once signed, the bill separated hemp from marijuana, giving it a new legal classification.
Here’s what it means today:
- Hemp-derived CBD is federally legal if it contains less than 0.3% tetrahydrocannabinol (THC).
- Marijuana-derived CBD is still restricted unless state law allows it for medical or recreational use.
- Farmers can legally grow hemp, and companies can sell hemp-based CBD products within federal guidelines.
This opened the door for a booming CBD industry. But legality at the federal level doesn’t always mean you can freely buy or use CBD where you live. That’s where state and local laws come into play.
Federal Oversight: FDA and DEA
DEA: No Longer a Controlled Substance
Since the Farm Bill, the Drug Enforcement Administration (DEA) no longer classifies hemp-derived CBD as a controlled substance. That means you cannot face federal charges for growing hemp, buying CBD oil, or using CBD products made from hemp plants that meet the 0.3% THC requirement.
This move allowed CBD products to hit mainstream markets across the United States without fear of federal prosecution.
FDA: Regulating CBD Products
The Food and Drug Administration (FDA) plays a different role. It regulates CBD when sold as:
- Food or beverages
- Dietary supplements
- Products making medical claims
So far, the FDA has only approved one CBD product: Epidiolex, a prescription medication for epilepsy and multiple sclerosis-related seizures. Every other CBD oil, gummy, or topical is legal to buy and sell, but not officially FDA-approved.
The FDA also warns that more research is needed to fully understand CBD’s safety, side effects, and long-term effectiveness. Until clearer rules exist, CBD remains in a legal gray area: federally legal, but not approved as an official dietary supplement.
👉 Takeaway: Hemp-derived CBD is legal under federal law, but because the FDA hasn’t approved most products, quality can vary. Always buy from trusted brands that provide third-party lab results.
State Laws: Why They Differ
Every state has the power to regulate CBD within its own borders. That’s why the question, “Is CBD legal in all states?” doesn’t have a simple yes-or-no answer.
Here’s the breakdown:
- Legal and widely available: States like Illinois, Massachusetts, and New Jersey allow CBD oil and related products to be sold openly in stores and online.
- Restricted or limited: States like Idaho, Iowa, and South Dakota take a stricter stance. Some only allow CBD with absolutely no THC—making only isolates legal.
- Extra restrictions: Even in states where CBD is legal, some ban it in food, beverages, or dietary supplements until the FDA sets clear rules.
👉 What this means for you: Your ability to buy CBD products depends heavily on state law. Always check your state’s most recent regulations before ordering online or buying locally.
Local Restrictions: Beyond State Laws
Even if your state allows CBD, local governments sometimes pass their own restrictions. These often target CBD in foods, drinks, or infused products.
Examples include:
- Montana: Some counties restrict CBD in beverages, though CBD oils remain legal.
- Arizona: Certain cities ban CBD in food altogether, so while oils and capsules are legal, CBD brownies or smoothies are not.
- New York City: Local health departments closely regulate CBD in food and drinks, sometimes pulling products from store shelves.
- Colorado: A few towns have temporarily banned CBD edibles until safety standards are clarified.
👉 Pro tip: Always check your city or county health code before buying CBD, especially if it’s in food or beverages.
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 |
Common Questions About CBD Legality
Is CBD oil legal in all 50 states?
No. Hemp-derived CBD is federally legal, but each state sets its own laws. Some fully allow it, while others restrict or ban certain products.
What makes CBD legal at the federal level?
CBD derived from hemp plants containing less than 0.3% THC is legal under the 2018 Farm Bill. CBD from marijuana plants follows marijuana state laws.
Is CBD legal in all states?
No. While many states allow CBD oil, others only permit CBD with zero THC or limit how it’s sold.
What role does the FDA play?
The FDA regulates CBD in food, drinks, dietary supplements, and medical products. Only Epidiolex is fully FDA-approved.
Does CBD have side effects?
Most people tolerate CBD well, but side effects can include fatigue, appetite changes, or digestive upset. Always start with small amounts and monitor your body’s response.
Can CBD make you fail a drug test?
CBD itself won’t, but products with trace amounts of THC could. If drug testing is a concern, choose CBD isolate or THC-free broad-spectrum CBD.
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.
Key Takeaways
- Hemp-derived CBD with less than 0.3% THC is federally legal.
- Each state has its own CBD laws, so legality differs across the United States.
- Local governments can add further restrictions, especially on food and drinks.
- The FDA has not approved CBD as a dietary supplement, only as a prescription drug (Epidiolex).
- Always choose lab-tested, high-quality CBD to avoid safety or legal issues.
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.