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Is CBD Legal in All 50 States? Find Out Now

 

Is CBD Legal in All 50 States?

Is CBD legal in all 50 states? It’s common for people to question CBD since it is new and exciting before actually trying it out.  People have different reasons why they should use CBD for their personal wellness, but the one of the most commonly asked questions is “is CBD legal in all 50 states?”

Short Answer: yes it is federally legal,
but there are a few restrictions in certain states.

CBD is 100% federally legal and safe to purchase, sell, and consume as a result of the passing of the Farm Bill (2018).  The bill distinguishes hemp from marijuana by the levels of THC. Hemp must contain less than 0.3% THC. At this level of THC, hemp-derived CBD products will not be psychoactive and users can pass a drug test. 

The Farm Bill (2018) applies to the federal legality of hemp-derived CBD. It does not apply to marijuana. Marijuana is still federally illegal and not every state has passed laws allowing either the medical or recreational use of it. Some states have restrictions in place for certain types of hemp-derived CBD products like smokable hemp flower and edibles. Check the list at the bottom of this article for your state’s CBD laws and restrictions.

is CBD legal in all 50 states?
(Is CBD legal in All 50 States Map by Thrive Flower)

What is CBD?

CBD (cannabidiol) is a cannabinoid from the cannabis plant. Cannabis refers to both hemp and marijuana. Cannabinoids are the active parts of the cannabis plant and there are over 100 of varieties of them.1 THC (tetrahydrocannabinol) is the most commonly known cannabinoid and this is the one responsible for the “high” feeling people get from using marijuana. CBD has many similar benefits to those you may associate with mairjuana use such as: pain relief, anxiety relief, anti-inflammation, sleep aid, digestive health, mood booster, and more. All of this, but without the “high” feeling because CBD is non-psychoactive. 

Hemp seed oil is another popular product type. It is important to note that CBD and hemp seed oil ARE NOT THE SAME. Hemp seed oil comes from (you guessed it) the seeds of the hemp plant. These seeds contain 0% CBD. So if you are looking for CBD, hemp seed oil is not it.

While some states have passed laws to make marijuana legal for medical and recreational use, it is not federally legal. CBD, while also from the cannabis plant, has a different set of rules the industry abides by. Let’s take a look at the legality of CBD and some of the restrictions in place.

The Legality of CBD (Is CBD Legal in All 50 States?)

The CBD movement had been gathering momentum when it really started booming with the passing of the The Farm Bill in  2018. This bill makes CBD legal to sell, cultivate, and consume on the federal level. The bill makes a long awaited distinction between marijuana and hemp. Hemp is legally described as having less than 0.3% THC. At these levels of THC you will not experience any “high” feeling and you would be able to pass a drug test. All CBD products on the market are required to be derived from hemp, not marijuana. Meaning that properly dosed CBD products can help without making you high.

It is not very hard to find CBD products in the marketplace today in the United States.  The industry is looking to bring in upwards of 20 billion USD in the coming years.2 Types of products include pain relief salves, lotion, muscle gel, vape pens, hemp flower, gummies, oil drops, and even pet products. Certain types of products in particular states have some restrictions on them. Let’s look at your state’s specific CBD laws.

CBD legality in United States

Your State’s CBD Laws

Ok, so we know hemp-derived CBD is federally legal as a result of the Farm Bill (2018).3Even so, each state still can decide on their own the legality of CBD and any restrictions placed on certain products. In some states, smokable hemp flower is banned. In others, edible and drinkable CBD products may be restricted. So is CBD legal in all 50 states?

The legality of hemp-derived CBD is different from marijuana-derived CBD, which is still federally illegal and changes from state to state. Here is a comprehensive list of the hemp-derived CBD laws in your state (including Washington DC):

Alabama

Hemp-derived CBD - Legal

Alaska

Hemp-derived CBD - Legal

Arizona

Hemp-derived CBD - Legal

Arkansas

Hemp-derived CBD - Legal

California

Hemp-derived CBD - Legal

Colorado

Hemp-derived CBD - Legal

Connecticut

Hemp-derived CBD - Legal

Delaware

Hemp-derived CBD - Legal

Florida

Hemp-derived CBD - Legal

Georgia

Hemp-derived CBD - Legal

Hawaii

Hemp-derived CBD - Legal

Idaho

Hemp-derived CBD - Illegal

Idaho is one of only two states where hemp-derived CBD is illegal. In fact, all forms of cannabis, both hemp and marijuana, are illegal. Idaho state code (section 37-2701) defines marjiuana as “all parts of the plants of the genus Cannabis, regardless of species”.4 Strict guidelines allow for the use of FDA-approved drug, Epidiolex, which contains CBD and helps persons younger than 2 years old with seizures.5 

Illinois

Hemp-derived CBD - Legal

Indiana

Hemp-derived CBD - Legal, but with restrictions

Indiana allows the cultivation, production, sale, and consumption of hemp-derived CBD as long as the THC percentage is below 0.3%. As per Senate Bill 516, this legalization does not include smokable hemp which carries a “criminal penalty for dealing, manufacturing, financing, or possessing”.10

A federal Judge threw out the ban on smokable hemp. He called it “unconstitutional” to ban just one type of hemp product only because law enforcement has not adapted to federal law and found a sufficient way to distinguish hemp from marijuana.

To summarize, hemp-derived CBD is legal in Indiana, but smokable hemp products are a bit of a grey area. 

Iowa

Hemp-derived CBD - Legal, but with restrictions

Hemp-derived CBD products are legal under Iowa law, except for smokable hemp. Hemp for the purpose of inhalation remains illegal in Iowa.6

Kansas

Hemp-derived CBD - Legal

Kentucky

Hemp-derived CBD - Legal, but with restrictions

Kentucky state laws follow federal guidelines set forth by the Farm Bill (2018), but there is a ban on smokable hemp flower. The Kentucky Department of Agriculture clearly states that is it “illegal to possess hemp leaf”.11

Recently a bill was introduced to overturn the ban on smokable hemp products, but it has not made much progress as of March 2020.12

Louisiana

Hemp-derived CBD - Legal, but with restrictions

Louisiana allows the production, sale, and consumption of hemp-derived CBD products, but with restrictions on smokable, drinkable, and edible products.13 The bill states that “no person shall process or sell any part of hemp for inhalation, any alcoholic beverage containing CBD,  any food product or beverage containing CBD”. 

Maine

Hemp-derived CBD - Legal

Maryland

Hemp-derived CBD - Legal

Massachusetts

Hemp-derived CBD - Legal

Michigan

Hemp-derived CBD - Legal

Minnesota

Hemp-derived CBD - Legal

Mississippi

Hemp-derived CBD - Legal

Missouri

Hemp-derived CBD - Legal

Montana

Hemp-derived CBD - Legal

Nebraska

Hemp-derived CBD - Legal

Nevada

Hemp-derived CBD - Legal

New Hampshire

Hemp-derived CBD - Legal

New Jersey

Hemp-derived CBD - Legal

New Mexico

Hemp-derived CBD - Legal

New York

Hemp-derived CBD - Legal

North Carolina

Hemp-derived CBD - Legal

North Dakota

Hemp-derived CBD - Legal

Ohio

Hemp-derived CBD - Legal

Oklahoma

Hemp-derived CBD - Legal

Oregon

Hemp-derived CBD - Legal

Pennsylvania

Hemp-derived CBD - Legal

Rhode Island

Hemp-derived CBD - Legal

South Carolina

Hemp-derived CBD - Legal

South Dakota

Hemp-derived CBD - Illegal

The passing of the Farm Bill (2018) still allows states to choose their own path for hemp-derived CBD legalization. After Governor Kristi Noem vetoed bill 11918 which would have legalized production and and processing of hemp, South Dakota’s Attorney General took a firm stance by saying that “ . . . industrial hemp and all forms of CBD oil [are] illegal”.7 This was back in March 2019. 

More recently, in March 2020, House Bill 10089 was passed, allowing hemp cultivation by licensed businesses. Since then, not much action has taken place to set up legal sale of hemp-derived CBD products. So although technically legal because of House Bill 1008, CBD is not available for sale in South Dakota.

Tennessee

Hemp-derived CBD - Legal

Texas

Hemp-derived CBD - Legal, but with restrictions

Texas allows the legal sale and consumption of hemp-derived CBD products with the exception of smokable hemp flower. The bill states that “the processing or manufacturing of a consumable hemp product for smoking is prohibited”.14

Recently, a judge temporarily lifted the ban on smokable hemp until the trial on the subject ends.15 So as of February 2021, smokable hemp is still a bit of a grey area.

Utah

Hemp-derived CBD - Legal

Vermont

Hemp-derived CBD - Legal

Virginia

Hemp-derived CBD - Legal

Washington

Hemp-derived CBD - Legal

West Virginia

Hemp-derived CBD - Legal

Wisconsin

Hemp-derived CBD - Legal

Wyoming

Hemp-derived CBD - Legal

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The statements made regarding these products have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure or prevent any disease.

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