There is a significant interest in developing therapies and other consumer products derived from CBD, a powerful phytocannabinoid capable of offering a wide array of potential health benefits. Given this research, many people are exploring regular CBD oil use.
However, once you begin talking about CBD with your friends and family,
these questions keep popping up: Is CBD oil legal? Can we purchase CBD without breaking the law? In what states is CBD oil legal?
Well, yes, and no, depending on what state you live in.
CBD has been federally legal since late 2018, but while CBD is legal in most states, there are exceptions to the rule. So, to help you make an informed decision here is a detailed breakdown.
What is CBD?
CBD is a non-intoxicating cannabinoid found in cannabis and can be sourced from marijuana plants and hemp plants. It's also one of the most studied cannabinoids because of its valuable benefits for maintaining wellness, potential therapeutic benefits, including anti-inflammatory, analgesic, anti-anxiety, seizure-suppressant properties, and more.
How Is CBD Oil Legal?
Years ago, when the United States Congress passed the 2014 Farm Bill, the mandate gave state governments the authority to grow industrial hemp and research its benefits only through agricultural and pilot programs that were also managed by the state.
A few years later, a revised version of the statute – referred to as the 2018 Farm Bill – passed, which finally legalized the commercial growth, production, and manufacture of hemp.
What exactly was its aim? To remove hemp from the CSA, which means that cannabis plants and derivatives that contain no more than 0.3 percent THC on a dry weight basis are no longer controlled substances under federal law.
The 2018 Farm Bill, however, explicitly preserved FDA's authority to regulate products containing cannabis or cannabis-derived compounds. The goal was for the FDA to decide whether CBD oil derived from hemp was ready to be sold on the open market - meaning they're subject to the same authorities and requirements as FDA-regulated products containing any other substance.
So, Yes, CBD is Federal Legal but, it comes down to how state governments perceive CBD and its legalized uses.
In what states is CBD oil legal?
With the enactment of the 2018 Farm Bill, CBD oil products containing less than 0.3 percent THC are fully legal for U.S. residents to buy, sell, possess, and consume; however, state governments can individually regulate the manufacture and distribution of CBD oil through their legislation.
The majority of state restrictions are related to how CBD oil is sourced. Any product sourced from marijuana plants will be subject to more regulations than those sourced from hemp plants. As a reminder, hemp and marijuana plants are varieties of cannabis, differentiated by their THC content.
The following are laws regarding CBD oils broken down state by state. These rulings from CBD legal states may or may not reference CBD as either hemp or marijuana-based, so you may still need to contact a state official or legal advisor to know what type of CBD oil, if any, is permissible:
Alabama – The state of Alabama currently follows the mandate of the 2018 Farm Bill. It allows CBD oil derived from industrial hemp and which has a THC concentration of 0.3 percent to be legally made, brought, and consumed.
Alaska – The state of Alaska has laws implemented for adult use and medical cannabis; however, industrial hemp is under the authority of its Department of Natural Resources (DNR). They are currently establishing regulations for retailers to register before selling hemp-based products.
Arizona – The state of Arizona has both medical marijuana and industrial hemp programs; it currently allows CBD oil for its residents without any exclusions.
Arkansas – The state of Arkansas has also instituted programs for medical marijuana and industrial hemp; it has removed CBD from its controlled substance list and doesn't require any special documentation to sell or distribute CBD oil products.
California – The state of California allows adult-use and medicinal cannabis; there's no special regulation for manufacturing or selling non-food hemp or hemp-derived products. However, its Department of Public Health has made CBD oil illegal to add to food, drinks, and other products.
Colorado – The state of Colorado has laws installed for adult use and medical cannabis; CBD oil is also fully legalized without any constraints.
Connecticut – The state of Connecticut has established laws for medical cannabis and set up a pilot program for industrial hemp; it currently allows its residents to buy and use CBD oil products legally.
Delaware – The state of Delaware is equipped with an industrial hemp pilot program and has approved medicinal cannabis for specific conditions; CBD oil products are fully legalized and have been since 2014.
Florida – Is CBD oil legal in Florida? The state of Florida is currently creating an industrial hemp pilot program, and it already has a policy for medical cannabis; its Department of Agriculture and Consumer Services has developed rules governing hemp but nothing that regulates CBD oil specifically.
Georgia – The state of Georgia has a restrictive medical cannabis program, which grants the University System of Georgia to develop and research CBD oil with THC levels no higher than 5 percent. And its CBD content must be equal to or greater than the THC. It's only available for patients with qualifying conditions and a low-THC registration card.
Hawaii – The state of Hawaii has a pilot program for industrial hemp and a medical cannabis program; however, only CBD from hemp is legal for both medicinal and recreational purposes in the Aloha State.
Idaho – The state of Idaho has not legalized either medical or any adult use of cannabis; it also has no industrial hemp pilot program. CBD oil and any products containing trace amounts of THC are currently illegal.
Illinois – The state of Illinois has programs for industrial hemp and medicinal cannabis; it also has legalized adult use. The state government signed its Commercial Low THC Hemp Extract Act, which authorizes CBD distribution and sale with proper documentation that it has less than 0.3 percent total THC. This law also removes “low-THC hemp extract” from its definition of cannabis.
Indiana – The state of Indiana has established a pilot program for industrial hemp but has no laws regarding medical cannabis. With its Senate Enrolled Act 52, CBD oil is legal as long as it has no more than 0.3 percent THC and bottles that meet the proper labeling requirements.
Iowa – The state of Iowa has a medical program specifically for CBD rather than medical cannabis; its Senate File 599 law allows CBD oil for medicinal uses and can be legally sold from dispensaries only. Before the 2018 Farm Bill, the state's Department of Public Health deemed over-the-counter CBD oil illegal, although enforcement was lax due to the 2014 Farm Bill.
Kansas – The state of Kansas has an industrial hemp pilot program and created a law that excludes hemp products without THC from its list of controlled substances. It passed another bill that provides legal defense for the possession of CBD oil with up to five percent THC. Neither law necessarily legalizes the production or sale of CBD, but they allow for residents with specific conditions to possess the products.
Kentucky – The state of Kentucky has laws governing medicinal CBD and an industrial hemp pilot program that allows state-regulated hemp cultivation specifically for making CBD oil. CBD-based products are fully legal to manufacture, own, and sell.
Louisiana – The state of Louisiana has laws regulating medical cannabis and industrial hemp, which consider CBD oil with any trace of THC content as illegal.
Maine – The state of Maine legalizes adult-use and medicinal cannabis; state officials classify CBD as food rather than a drug, which makes CBD oil legal as long as there are no medical claims in its advertisements or displays.
Maryland – The state of Maryland has implemented an industrial hemp pilot program and a medical cannabis program; however, topicals are the only CBD-infused products that are fully legal to sell.
Massachusetts – The state of Massachusetts allows adult use, medical cannabis, and the creation of a pilot program for industrial hemp. Its Department of Agriculture outlaws food containing CBD, any animal feed infused with CBD, any retail sales of raw hemp, and CBD oil advertising with medical claims.
Michigan – The state of Michigan legalizes the cultivation, marketing, and adult use of marijuana cannabis – along with medical cannabis and a pilot hemp program. CBD oil is fully legal without restriction.
Minnesota – The state of Minnesota has programs for industrial hemp and medical cannabis; it currently allows the sale of hemp-based CBD oil specifically throughout the area.
Mississippi – The state of Mississippi has neither medicinal cannabis nor an industrial hemp program; it does allow CBD oil with a ratio of 0.5 percent THC and 15 percent or more CBD only for patients with severe epileptic disorders.
Missouri – The state of Missouri has an industrial hemp pilot program and established a medical cannabis program as recently as 2018; it allows CBD oil products containing less than 0.3 percent THC and at least 5 percent CBD. Any CBD products beyond those limits require a hemp extract registration card and can only be purchased from a state-licensed facility.
Montana – The state of Montana has a program for medical cannabis and industrial hemp, but it currently has no law in place that prohibits, legalizes, or regulates CBD specifically.
Nebraska – The state of Nebraska has a pilot program for industrial hemp but no law that legalizes cannabis for medicinal or adult use; its Hemp Farming Act excludes hemp and hemp-derived products from its controlled substance list. But the state law claims that only FDA-approved CBD is legal, and there are no legal protections for the retail sale of CBD.
Nevada – The state of Nevada has legalized the adult and medicinal use of cannabis, and it also has a program for industrial hemp. CBD products are legal within the area, but using CBD as a food additive or selling any CBD-infused edibles is prohibited by law.
New Hampshire – The state of New Hampshire has established programs for medicinal cannabis and industrial hemp; CBD is legalized, but under FDA regulation, it is prohibited as a food additive.
New Jersey – The state of New Jersey has an industrial hemp program that is currently awaiting the final approval of USDA laws, and a medical cannabis program; however, adult use is still illegal. No law directly regulates CBD.
New Mexico – The state of New Mexico has programs for medical cannabis and industrial hemp; CBD and CBD-infused foods are permitted to sell.
New York – The state of New York has medical cannabis and industrial hemp programs; it allows CBD to be widely available, but the City of New York prohibits the use of CBD in food and drinks.
North Carolina – The state of North Carolina has an industrial hemp pilot program but not much of a medicinal cannabis program; there is a law in place that allows CBD use for patients with intractable epilepsy. In particular, hemp-based CBD is regularly sold within the state despite limited regulations.
North Dakota – The state of North Dakota has a program for industrial hemp and medical cannabis; state law still classifies hemp as a controlled substance but also allows CBD oil that has less than 0.3 percent THC.
Ohio – Is CBD oil legal in Ohio? The state of Ohio has laws that govern industrial hemp cultivation, medical cannabis, and CBD; it currently allows CBD from state-regulated dispensaries but also has a pending proposal that may legalize CBD sales outside of these dispensaries.
Oklahoma – The state of Oklahoma has industrial hemp and medical cannabis programs that weren't fully operational as recently as 2018. It has a law that permits CBD use for minors with severe epilepsy and allows CBD-only shops to operate. The state also requires that CBD oil labels contain the country of origin and a natural or synthetic designation.
Oregon – The state of Oregon legalizes cannabis for adult use and has programs for industrial hemp and medicinal marijuana; it requires CBD to be tested and certified from a state lab for legalization.
Pennsylvania – The state of Pennsylvania has implemented medical cannabis and industrial hemp programs; it fully allows hemp-based CBD oil, but products derived from marijuana cannabis have to go through the medical cannabis program.
Rhode Island – The state of Rhode Island has also incorporated programs for industrial hemp and medicinal cannabis; it allows CBD oil with low THC. Any CBD products with significant amounts of THC are accessible from dispensaries only.
South Carolina – The state of South Carolina has a pilot program for industrial hemp and a law regulating medicinal CBD use; it legally protects residents who must use CBD for specific conditions. The state also follows federal law by allowing CBD products that contain less than 0.3 percent THC.
South Dakota – The state of South Dakota has no industrial hemp program or medical cannabis program; it passed a law removing CBD oil from its definition of marijuana and only allows CBD products that are approved by the FDA.
Tennessee – The state of Tennessee has a law regulating medicinal CBD and has initiated a pilot program for industrial hemp. It has legalized CBD oil with up to 0.9 percent THC and allows major retail stores to carry CBD.
Texas – The state of Texas has an industrial hemp program that offers legal protection for hemp and hemp-based products, and it also created a law regarding medical CBD that protects residents using CBD with up to 0.5 percent THC for specific conditions.
Utah – The state of Utah passed its Hemp and Cannabidiol Act that legalizes CBD and grants the Department of Agriculture and Food the ability to regulate products based on ingredients and proper labeling. This enactment was soon followed by a law governing medical cannabis.
Vermont – The state of Vermont has legalized limited adult use of cannabis and has established programs for industrial hemp and medicinal marijuana; it also allows CBD oil to be legally produced and sold.
Virginia – The state of Virginia has an industrial hemp pilot program and a medicinal cannabis law that allows CBD oil and THCA oil for specific conditions; it also permits the sale of hemp-derived CBD from many retailers.
Washington – The state of Washington has legalized adult use and has programs for both industrial hemp and medical cannabis; it permits CBD oil sales from licensed marijuana stores.
West Virginia – The state of West Virginia has passed a law for medical cannabis and has a pilot program for industrial hemp; CBD oil is fully legal to be purchased.
Wisconsin – The state of Wisconsin has a medicinal cannabis law and an industrial hemp pilot program; it used to allow only doctors and pharmacies to distribute CBD, but currently, farmers that cultivate hemp can legally make CBD oil.
Wyoming – The state of Wyoming has an in-depth medical cannabis law that allows CBD for residents with qualifying conditions; it also has an industrial hemp program and currently permits CBD for legal use and possession.
Can CBD be taken out of state?
There are federal protections for the cross-state transportation of hemp CBD products. These protections do not apply to CBD products derived from marijuana.
In an executive memorandum issued on May 28, 2019, the USDA clarified that 2018 Farm Bill provisions ensure cross-state transportation under a condition guaranteeing the “free flow of hemp in interstate commerce.”
The Farm Bill prevents states and Native American tribal jurisdictions from prohibiting interstate hemp transportation or shipment as long as it is lawfully produced under a state or tribal plan or licensed under the USDA plan. This guidance came on the heels of reports from states such as Idaho, where authorities say they will continue to treat CBD as an illegal substance until new federal rules are updated and in effect.
Verifying CBD Suppliers
There are thousands of suppliers on the market; not every supplier properly vets its CBD products. And that's a problem since it means their CBD could be sourced from the wrong plants or have a higher THC content than is legally regulated. This is risky, and it's something you need to be aware of when purchasing CBD.
An excellent way to vet suppliers is to make sure they are clear about how they source CBD.
Verification can include:
Source of CBD Product
Adherence to FDA Guidelines
Third-party Lab Tested
Please don't take risks when it comes to finding a quality CBD supplier.
Legalizing CBD takes great pride in offering world-class, strictly vetted CBD products to its customers.
This includes:
Made in an FDA Registered Facility
Organically grown CBD derived from hemp
All Legalizing CBD products are Third-party Lab Tested
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You should still consult an attorney for the best legal advice regarding CBD oil in your state, as the material shared here is for informational purposes only.
Disclaimer: The Legalizing CBD page contains general information about health, diet, lifestyle, and nutrition. Any information provided should not be considered or treated as medical advice, and always consult a medical professional before making any lifestyle changes. Products and information mentioned on the Legalizing CBD blog are not intended to be used as a substitute for medical diagnosis, advice, or treatment. Any links to third-party websites are provided conveniently, and Legalizing CBD is not responsible for their content.
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