With its popularity and presence in numerous products today, it’s almost impossible for you to not come across CBD. Yet with how some people describe and relate it to marijuana, it’s often that people ask, “Is CBD legal?”.
CBD and What It Is
CBD or cannabidiol is a chemical compound extracted from the hemp plant, a member of the cannabis family. CBD oil, a popular element infused in numerous CBD-based products, is considered a cannabinoid.
Is CBD Legal in the US?
When it comes to the utilization of CBD in the United States, many people wonder, ”Is CBD legal?”. It’s a big and important question that a lot of people should know the answer to.
Technically, the answer is yes and no. There are some states in the US where CBD is legal, but with certain conditions. Some states have certain restrictions on their use, while one state considers it as completely illegal.
The Legality of CBD under the State Law
Often, CBD’s legality under state law is overlooked. Arguably, it’s more essential than federal legality for potential legal results for both consumers and businesses. Contrary to popular belief, the answer to the question, “Is CBD legal in all the US states?” is no. CBD isn’t legal in all 50 states, even if it’s sourced entirely from the hemp plant. The reason for this is because each of these states has its own CSA or Controlled Substances Acts. These rules technically mirror and embody the federal CSA. Hemp will continue to be considered as marijuana in a state. That’s until a free, unrestricted, and unconditional hemp definition is relieved from a state’s CSA.
Different States Where CBD Use Is Legal, Restricted, and Illegal
Is CBD legal in all areas in the US, or it’s only in specific states? This is one of the most common questions people ask regarding CBD and its legality.
Generally, 33 states have already legalized medical cannabis, while 17 states have passed laws allowing the utilization of CBD extracts. Often, these extracts come in oil form and with only a few traces of THC or tetrahydrocannabinol. Also, these extracts are commonly used for treating seizures or epilepsy in children who are seriously ill.
CBD, one of the hundreds of compounds found in the cannabis plant, is non-intoxicating.
So which state is CBD legal in and which isn’t? What state has restrictions? Here are the different states in the US that allow, restrict, and do not allow CBD use.
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States Where CBD Is Legal
On the 1st of April in 2014, Robert Bentley, the state’s governor, signed “Carly’s Law” (SB-174).
This law grants an acknowledging defense against the prosecution for CBD acquisition for individuals suffering from crippling epileptic conditions.
The law explains that a prescription will be exclusively provided by the UAB or the University of Alabama, Birmingham. It’s a prescription for CBD possession for those who need to utilize it for debilitating epileptic concerns.
Since marijuana is considered illegal under federal laws, no doctor can prescribe it to their patients. For the states that have medical marijuana legal, their doctors are permitted to recommend it.
In 2016, the governor signed HB-61 into law. This is called “Leny’s Law”, wherein it offers an affirmative guard for possessing CBD oil.
The acquisition of such products should be due to specific debilitating circumstances that trigger seizures.
Alaska is known to be a cannabis-friendly state. It first legitimized the plant in 1975, making the state pioneers for this kind of law.
The state went on and legalized medical cannabis in 1998. As of 2014, cannabis has become entirely legal for recreational utilization throughout Alaska.
Cannabis products with THC can be utilized and purchased in the state. With that, you can opt for marijuana-based CBD there as well.
CBD-based cannabis can be obtained by those who are 21 years of age or older. Plus, these should be purchased only from licensed sellers.
Using CBD oil is legal in California. CBD sourced from female cannabis plants is also legal in the state.
Here, the recreational use of marijuana has been legal and allowed since January 2018. Additionally, the state’s new legislation permits the possession, sales, cultivation, and production of cannabis, including marijuana-infused goods.
Here, the Attorney-General’s office gave a letter stating an important note. Despite California allowing the sale and manufacture of cannabis goods, infusing/adding industrial hemp to food products is not allowed.
CBD oil is currently legal in Colorado. Compared to other states in the US, they allow hemp to be utilized as a food additive.
Colorado is one of America’s most progressive states when it comes to legalizing cannabis. Since 2000, medical marijuana has been legal, while in 2012, Colorado voters legalized the use of marijuana among adults.
The area also takes a rather progressive stance towards hemp-derived and industrial hemp products like CBD oil.
Products with hemp-derived CBD are legally allowed to be used in Connecticut. In January 2019, both hemp-derived CBD goods and hemp production were legalized in the state by the Senate Bill 893.
Goods that consist of CBD can be sold as topicals or consumables. However, they are restricted from making claims of medical effects, health impacts, or physical/mental benefits.
When it comes to CBD derived from marijuana, it’s also considered legal in Connecticut. However, it’s only allowed for patients with specific medical conditions.
Note that in 2011, adult use of marijuana is still illegal, yet the state legitimized possession in small amounts.
Is CBD legal in Florida? CBD oil was first legalized in the state back in 2014. This was under the Limited Use Act and was only available to individuals suffering from cancer and epilepsy.
In 2017, the Florida voters approved Amendment 2. This approved medical marijuana and CBD oil for qualifying patients.
The last legislation was Senate Bill 8-A – Medical Marijuana Use Bill. This greatly increased the qualifying conditions for certification and removed the 90-day waiting period from the earlier legislation.
Patients can get certified for different conditions like epilepsy, Parkinson’s disease, cancer, PTSD, ALS, chronic pain, seizures, or glaucoma.
Certified individuals for medical marijuana can also purchase CBD oil in the state. They can purchase these from licensed dispensaries by the state.
Moreover, SB 8-A makes CBD oil legal in the state for qualifying individuals. They are certified to get a medical marijuana card.
On the 16th of April 2015, Governor Nathan Deal signed Haleigh’s Hope Act into law. It allowed the use of CBD oil with no more than 5% of THC.
However, this law didn’t address how low the THC oil is produced, shipped, or purchased. It only helps guarantee that qualified people are safe from prosecution of having the product in their possession.
On the 17th of April 2019, Governor Brian Kemp approved a bill permitting in-state sale or marijuana oil production. The bill also allows growing licenses for a total of six private companies. It was effective on the 1st of July 2019.
The Georgia Department of Public Health issues Low THC Oil Registry Cards that cost $25. These are for qualifying users with one of the 16 health conditions like cancer, seizure disorders, ALS, and multiple sclerosis. It’s also for those with mitochondrial disease, Crohn’s disease, Parkinson’s disease, and sickle cell disease.
Additionally, the cards are for those with Tourette’s syndrome and ASD or autism spectrum disorder.
When an individual is 18 years or older, they’re qualified if they have certain conditions. These are Alzheimer’s disease, epidermolysis bullosa, AIDS, peripheral neuropathy, PTSD, intractable pains, and hospice-program patients.
In August 2018, Illinois passed SB-2298 or the Industrial Hemp Act. This lifted the conditions on industrial hemp, allowing the cultivation of it for commercial purposes.
CBD oil is legal in Illinois, and in May 2019, the Illinois General Assembly passed the Illinois-Cannabis Regulation & Tax Act. It legalized recreational cannabis in January 2020, making Illinois the 11th state of the US to allow marijuana for adult-use.
Recently, Illinois controlled the cultivation of industrial hemp, making it for research purposes only.
Marijuana-derived CBD oil in Indiana isn’t allowed as it’s still illegal. However, you can buy hemp-based products here since it’s completely legal to locally purchase CBD oil in the area.
March 2018 was the time when hemp-derived CBD was allowed in the state. Here, consumers can access CBD products that do not have more than 0.3% of THC by weight.
There are no medical marijuana programs in this state, and adult-utilization of cannabis is illegal. Also, CBD derived from cannabis is considered illegal.
Kentucky allows the possession of any CBD amount on one condition. Here, the item should have less than 0.3% of THC by weight.
Also, CBD that’s derived from cannabis is illegal, and that’s even for medical patients.
The possession of 8oz of CBD can lead a person to 45 days in prison with a fine of $250. If it’s a subsequent offense of less than 8oz, this could result in felony charges. A person can get up to 1 to 5 years in prison with a fine of $10,000.
If someone possesses more than 8oz of cannabis, this will result in longer imprisonment.
Hemp-derived CBD, as well as cannabis-derived CBD, is legal in Maine. It can be utilized as an additive for both beverages and food.
The state passed its first cannabis law in 1999. It was when they gave patients the legal right of growing medical marijuana plants.
Purchasing CBD products in Maryland is federally legal. The CBD laws in the state foreshadow many of the most vital provisions from the 2019 Farm Bill. It legalized the production of hemp-derived products and hemp plants effectively.
In 2015, lawmakers of the state passed a measure establishing the legal differences between marijuana and industrial hemp plants. The latter only has trace amounts of THC, while the previous has over 0.3% of THC.
The Farm Bill of 2018 made the cultivation of hemp federally legal. It made way for hemp-derived CBD products to get legalized nationwide. Yet an area remains for the legality of CBD.
The Massachusetts Department of Health and Department of Agricultural Resources prohibits selling products or food that have hemp-derived CBD. This is especially when they’re stating medicinal or therapeutic claims.
In June 2019, Bill H-4001 was introduced. However, the committee was stalled to clarify any confusion related to CBD and its legality in Massachusetts.
This act changed ingestible CBD as food products, then allowed CBD oil in personal care products and cosmetics.
CBD derived from hemp and cannabis is legal here. However, CBD oil isn’t allowed to be marketed as a dietary supplement. It shouldn’t also be added to food or beverages following the FDA regulations.
CBD derived from hemp and hemp was formally legalized in January 2019. This was when the Michigan Industrial Hemp Research & Development Act was enacted.
In 2008, cannabis was legalized for medical purposes. This was under the Michigan Compassionate Care Initiative.
In addition, the state made cannabis legal for adult-use in November 2018. This is under the Michigan Regulation & Taxation of Marihuana Act.
Note that cannabis-derived CBD is allowed for Michigan residents. However, it is still subject to certain regulations.
Laws related to CBD in this state have been updated since passing the 2018 Hemp Farming Act.
Hemp-derived CBD products are available in the state. However, it’s illegal to market these, intending to prevent, treat, or cure diseases.
As long as the CBD products meet the current test and labeling requirements, they’re allowed under the state law. These should meet the FDA’s criteria, which prohibits CBD in food or drinks.
Medical marijuana was allowed in 2014 but had a limited program.
For patients, CBD derived from cannabis is allowed in capsule, liquid, or vaporized form. Also, adult use of cannabis is prohibited.
In December 2018, the state passed the law allowing medical marijuana and CBD medications derived from marijuana.
This state is also among the progressive areas in America concerning hemp-derived CBD. In 2009, the first bill linked to industrial hemp was introduced. It was legally characterized as having no more than a percentage of THC by weight and was legalized for cultivation.
It was signed in 2014 as a law where CBD was legalized for medical use. Recreational use of hemp-derived CBD was legalized in September 2018. Additionally, the state doesn’t impose similar restrictions from other states regarding CBD in drinks and food.
In February 2019, they started allowing the sales of alcohol that’s CBD-infused.
CBD oil and other hemp-derived products are legal in the state.
In May 2018, the Nebraska Hemp Farming Act was signed into law. It allowed the commercial disposal and cultivation of hemp-derived CBD products. However, these should be approved and tested by the state’s Department of Agriculture.
Note that CBD derived from marijuana is still illegal federally and in the state. It’s only legal if it meets the requirements of the FDA, specifically in prescription formulations.
Most forms of cannabis are legal in Nevada. This includes hemp-derived CBD, which can be sold and manufactured as long as it follows the federal law characterizing hemp. It should also comply with the state law governing the production and licensing.
The Democratic Governor Steve Sisolak approved SB-209 in June 2019. It requires the state’s Department of Health & Human Services to create and impose rules on labeling and testing hemp products.
This bill also prohibits goods with hemp-derived CBD for human consumption unless manufacturers comply with labeling & testing procedures and protocols.
Is CBD legal in New Jersey? The answer is yes, hemp-derived CBD goods are legal in the state. Plus, CBD derived from marijuana plants are legal for entitled patients. They’re also allowed to join in New Jersey’s medical marijuana plan.
New Mexico is also a state where hemp-derived CBD is legal. As for marijuana-derived CBD, these are allowed for qualifying patients. They should be registered with New Mexico’s medical marijuana program to utilize it.
Like other states, New Mexico allowed the production of hemp and hemp-derived products. These include CBD, following suit with the changes made under the Farm Bill of 2014 and 2018.
CBD oil is now accessible across the area, including those without the medical marijuana card from New York.
Laws in the state allow residents and tourists to utilize CBD oil for recreational uses.
Purchasing CBD oil in the state is entirely legal. Just make sure that it’s used as a dietary supplement and not for medication. Also, CBD goods aren’t made to treat, diagnose, and prevent any disease.
CBD goods derived from industrial hemp are legal in this state. In March 2019, the passing of H.B. 1349 officially allowed the commercial production of hemp within North Dakota. The bill also made the foundation of regulations for hemp’s licensure.
Medical marijuana was legalized in 2016 in this state. Qualifying patients with medical issues can acquire medical cannabis products. These include CBD derived from marijuana.
In July 2019, the Ohio Senate Bill SB-57 was signed by Governor Mike DeWine. It legalized the purchase, possession, and sale of hemp & hemp products.
Like many states, Ohio passed their act following the approval of the Farm Bill of 2018. This legalized hemp nationwide.
Is CBD legal in Oklahoma too? Yes. Hemp-derived CBD goods are legal in the state. They’re also relatively easy to find.
In 2018, the state’s legislature made its Agricultural Industrial Hemp Pilot Program. It followed the authorization of the 2018 Hemp Farming Act. Nationwide, it approved industrial hemp.
CBD oil is legally allowed in Oregon – the pioneer state when it comes to CBD legalization. In 1998, the state legalized medical cannabis with the legislation of Measure 67 – Medical Marijuana Act.
In 2014, the granting of recreational cannabis followed, together with Measure 91’s approval. This law is the Control, Regulation & Taxation of Marijuana & Industrial Hemp Act.
Despite the efforts in 2020, the laws linked to medical marijuana are still very limited in Tennessee.
An exception is for CBD products that have less than 0.9% THC for treating intractable seizures. This is allowed due to a signed law in 2015 by Governor Bill Haslam.
Remember that only CBD oil is allowed for medical cannabis treatment.
Possessing CBD is legal in Texas. However, it should fall under the 0.3% threshold of THC. The state’s CBD medical programs permit CBD with 0.5% THC.
If someone has CBD containing over 0.3% of THC, felony may be charged on them. The conviction carries a sentence of a total of 180 days to 2 years, plus a fine of $10,000.
Hemp-derived CBD oil is allowed to be sold and purchased in South Carolina. However, one must ensure that its THC content is below 0.3% and isn’t used as additives to food products.
It’s also prohibited to sell hemp products for smoking/inhaling, yet edibles, CBD oil, and topicals are purchasable.
After years of having CBD oil banned in South Dakota, CBD products are now legalized in South Dakota. Residents can take advantage of CBD gummies and tinctures.
However, these shouldn’t have over 0.3% THC content.
In Virginia, cannabis oil from hemp is legal throughout the state. These are legal if they don’t have over 0.3% of THC.
CBD products are available and considered as food supplements. However, these have yet to receive FDA approval to be utilized as medication/drugs.
Industrial hemp-derived Hemp and cannabidiol products with 0.3% THC or less are allowed in Vermont. All forms of CBD products are legal, and no limits are present to the amount one can possess.
The sale and purchase of hemp-derived goods, including CBD oil, are legal in Washington. CBD derived from cannabis is also allowed, yet it can only be acquired from the D.C. regulated dispensaries.
Also, one will require a medical marijuana card to purchase this.
CBD that’s sourced from hemp is allowed in the state. It was initially allowed in 2002 when Senate Bill 447 was passed.
This bill characterized hemp as cannabis with no more than 1% of THC content. In 2018, they passed the Industrial Hemp Development Act with West Virginia updating its hemp license program.
In addition, CBD that’s cannabis-sourced is legal for qualifying patients with certain medical conditions.
CBD oil is legal to own in Wisconsin. The 2018 Agriculture Improvement Act allows hemp extraction farming with no restrictions.
Do note that marijuana is still illegal due to its psychoactive elements.
States with Restrictions
Is CBD legal? Basically, its legality varies situationally in some US states. Plus, these areas require registration and have no CSA exemptions.
The following places include Arizona, Arkansas, Hawaii, Delaware, Iowa, Kansas, Louisiana, Mississippi, Montana, New Hampshire, North Carolina, and Pennsylvania.
Other states with CBD restrictions include Rhode Island, Utah, Washington D.C., and Wisconsin.
States Where CBD is Illegal
So technically, is CBD legal in all areas in the US? No, because one state in the country considers CBD entirely illegal, and this is in Idaho.
Here, it was simply put that all CBD-related products are illegal under all circumstances.