Is CBD Legal In My State? | What States Is CBD Legal?

Is CBD Legal In My State? | What States Is CBD Legal?

Is CBD legal in all 50 states? Certainly not.

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.

What are your State and Local authorities’ stances on the matter? How do you know if it’s safe? And how can you make sure you’re not getting into trouble if you buy them?

All normal questions to ask. 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.

Let’s begin.

 

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) was signed into law, it put an end to the illegalization of cannabis, a status that the plant has been subjected to 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. But does this mean that all CBD products are legal?

The answer is not exactly.

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? Not so fast.

 

CBD and State Laws

Now comes the tricky part.

Since each state can set its own rules on hemp and CBD sourcing, manufacturing, distribution, and consumption, a simple, straightforward answer is not possible.

State and Federal Legal Stance on Hemp and 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.

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. At least for the time being. 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 oilsediblestopicals, 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

All Zatural CBD products 

*FDA DISCLAIMER -These statements have not been evaluated by the FDA.

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