Is CBD oil legal? Yes, the 2018 Agricultural Improvement Act legalized the production of hemp-sourced CBD in the United States. However, the crux of that bill leaves much of the details of CBD law regulation to individual states. Understandably, this can make things complicated for anyone looking for a comprehensive explanation of CBD product laws.
In 1996, California became the first state to legalize cannabis on a medical basis, and it has been at the forefront of the issue ever since.
Are you interested in knowing more about how CBD laws vary from state to state? From CBD extraction methods to CBD production, keep reading to find out.
Alabama
Thanks to the 2018 Farm Bill, CBD sourced from hemp is legal in Alabama. Additionally, the state also allows for CBD sourced from marijuana plants to be used medically, specifically for convulsions.
While medical cannabis is legal, marijuana-sourced CBD for recreation use remains illegal in Alabama as of 2022.
Alaska
Alaska is one of 11 states where marijuana has been legalized for both medical and recreational use, which means that CBD is also legal, regardless of whether it’s sourced from hemp or marijuana plants.
That said, CBD laws exist in a purgatorial gray area in Alaska, as the state has not yet developed its own framework for regulating the production and distribution of legal CBD products. And although CBD products are widely available in Alaska, the state cautions consumers that:
- The state has not tested these products for purity or level of THC
- The veracity of wellness claims may not be verified by state or federal agencies
Arizona
In Arizona, the state law around CBD indicates that CBD derived from hemp plants is legal. However, as the state still prohibits the use of marijuana for recreational purposes, CBD from marijuana plants remains illegal.
That can make things a bit confusing for Arizona residents, as marijuana itself is legal there both recreationally and medically. However, state laws that legalized medical marijuana in 2010 distinguished between medical marijuana and marijuana-derived CBD. For that reason, purchasing or possessing marijuana-derived CBD could land you in hot water in Arizona.
Arkansas
Folks in Arkansas have the green light on CBD products sourced from hemp and those sourced from marijuana — provided that users have a prescription in the latter case. The state has also instituted its own guidelines for how CBD and medical marijuana products must be labeled.
Marijuana and marijuana-sourced THC products for recreation are still illegal in Arkansas.
California
In 1996, California became the first state to legalize cannabis on a medical basis, and it has been at the forefront of the issue ever since. The state legalized marijuana for medical use in 2003 and for recreational purposes in 2016, which means that CBD is also legal, whether it comes from hemp or marijuana plants.
However, in a nod to the need for further CBD research, California has outlawed the inclusion of CBD in food products, including pet food.
Colorado
Colorado was among the first states in law enforcement to legalize marijuana, and CBD is legal there also. In fact, the state has pro-hemp legislation that is intended to further clarify the distinctions between hemp and marijuana.
Connecticut
In Connecticut, hemp-sourced CBD is perfectly legal, as is marijuana-sourced CBD when used for medical purposes. However, possessing or distributing CBD that’s sourced from marijuana for recreation is prohibited by law enforcement.
Delaware
Delaware prohibits the recreational use of marijuana and all marijuana-adjacent products, including CBD from marijuana plants. However, the state has legalized CBD products as long as the THC levels don’t exceed 7%.
Florida
Is CBD legal in Florida? Hemp-sourced CBD is legal in Florida, but since the state law has not yet legalized the recreational use of marijuana, CBD that’s sourced from marijuana plants remains prohibited except in medical capacity.
Georgia
CBD laws in Georgia are slightly more complicated than in other states. Although hemp-sourced CBD is legal, there are certain restrictions on CBD use if it's sourced from marijuana, even in a medical context.
In Georgia, marijuana-sourced, medical CBD must meet the following two legal status requirements:
- Can contain no more than 5% THC
- Must contain at least as much CBD as THC
The recreational use of marijuana-sourced CBD is illegal in Georgia.
Hawaii
Hawaii is CBD-friendly as long as the CBD is derived from hemp or used in a medical capacity. Producing, using, or distributing marijuana-derived CBD is illegal.
Idaho
Idaho is a great example of why understanding CBD laws by state is so important. Along with two other states, Idaho has chosen to ignore the 2018 Farm Bill and impose restrictions on all kinds of CBD products.
Whether it comes from hemp or marijuana, CBD use is against the law in Idaho for both recreational and medical users.
Illinois
CBD products are fully legalized in Illinois, where recreational marijuana use has been legal since 2020.
Indiana
In Indiana, only hemp-sourced CBD is legal. The state outlaws marijuana and marijuana-sourced CBD products for recreational and medical use, with the exception of an FDA-approved option.
That said, a 2018 state bill legalized CBD products with THC levels below 3%.
Iowa
Only hemp-derived CBD is legal in Iowa. However, under the state’s 2018 Medical Cannabidiol Act, marijuana-sourced CBD may be used by people with certain health problems.
Kansas
What about CBD's legal status in Kansas? Kansas is among the states where recreational and medical marijuana remain illegal, which means that marijuana-sourced CBD remains off-limits.
Kentucky
In Kentucky, hemp-sourced CBD products have been legal for medicinal purposes since 2014. However, the state still imposes bans on the recreational and medical use of marijuana.
Louisiana
Louisiana’s 2017 legalization of medical marijuana means that marijuana-sourced CBD is legal, as well as CBD derived from hemp. However, recreational marijuana and marijuana-sourced CBD remain illegal.
Maine
The great state of Maine has fully legalized hemp-sourced and marijuana-sourced CBD for recreational and medical use.
Maryland
In Maryland, hemp-sourced CBD is legal. For medical purposes, marijuana-sourced CBD is also legal, although it remains illegal recreationally.
Massachusetts
If you live in Massachusetts, the state’s legalization of recreational and medical marijuana in the past decade means you have free reign when it comes to CBD products.
Michigan
In 2018, Michigan joined the ranks of states with full marijuana legalization. As a result, CBD products are also fully legal there.
Minnesota
Hemp-sourced CBD is legal in Minnesota, as well as marijuana-sourced medical CBD, thanks to a 2014 state bill that legalized medical marijuana. However, using medical CBD could result in criminal charges.
Mississippi
Unless it’s derived from hemp, CBD is illegal in Mississippi. A 2014 law legalized the use of certain marijuana-sourced CBD products, but those products were subject to explicit standards, including that they:
- Contain at least 15% CBD
- Contain no more than 0.5% THC
Missouri
In Missouri, hemp-sourced CBD is legal. Marijuana-sourced CBD is legal for medical purposes, though not recreationally.
Montana
Residents from Montana are free to enjoy CBD products that are hemp-sourced. However, the state has yet to approve recreational marijuana use, so marijuana-sourced CBD is illegal except in a medical context.
Nebraska
Along with two other states, Nebraska has not legalized CBD in any form.
Nevada
Nevada is one of 11 states where marijuana is legal. Likewise, CBD products are all above-board.
New Hampshire
New Hampshire allows for hemp-sourced CBD products and, for medical use, marijuana-sourced CBD products. Recreational use of the latter is illegal.
New Jersey
With the exception of marijuana-sourced CBD used recreationally, CBD is legal in New Jersey.
New Mexico
New Mexico has a ban on the recreational use of marijuana-sourced CBD. That said, it is legal medically. CBD derived from hemp is also legal.
New York
Because recreational marijuana use is still illegal in New York, CBD from marijuana is also banned. However, you can use it for medical purposes. Hemp-sourced CBD is legal in New York.
North Carolina
Is hemp legal in NC? Hemp-sourced CBD is legal in North Carolina, but the state does not allow any CBD sourced from marijuana or North Carolina cannabis. An exception is made for an FDA-approved product, which must contain:
- At least 5% CBD
- Less than 0.9% THC
North Dakota
CBD derived from hemp is legal in North Dakota. The state also allows the use of marijuana-sourced CBD for medical purposes, though not recreationally.
Ohio
Since 2016, medical marijuana has been legal in Ohio, giving the OK to marijuana-derived CBD products for medicinal use. Hemp-derived products are also legal.
Oklahoma
Hemp-sourced CBD that contains less than 0.3% THC is legal in Oklahoma. Marijuana-sourced CBD is legal for medicinal use only.
Oregon
Oregon has fully legalized hemp and marijuana-sourced CBD.
Pennsylvania
Is CBD legal in Pennsylvania 2021? Yes. Hemp-sourced CBD and marijuana-sourced CBD for medical use are both legal in Pennsylvania.
Rhode Island
Recreational use of marijuana and marijuana-sourced hemp are illegal in Rhode Island. However, it’s legal for medicinal use. Hemp-sourced CBD is also legal.
South Carolina
Only hemp-sourced CBD is legal in South Carolina.
South Dakota
South Dakota outlaws all CBD products except those sourced from hemp. Even in a medical context, only FDA-approved products are allowed.
Tennessee
In Tennessee, only CBD products derived from hemp are allowed.
Texas
Is CBD legal in Texas? Texas has not yet legalized marijuana products, meaning only hemp-sourced Texas CBD is legal.
Utah
Utah has legalized hemp-sourced CBD and marijuana-sourced CBD for medical use. Recreational use remains illegal.
Vermont
All forms of CBD are legal in Vermont.
Virginia
You can’t use marijuana-sourced CBD recreationally in Virginia. However, you can use it medicinally. Hemp-sourced CBD is legal as well.
Washington
Like other states where marijuana is fully legal, CBD faces very minimal restrictions in Washington.
Washington, D.C.
CBD products are fully legal in the District of Columbia.
West Virginia
You can use hemp-derived CBD in West Virginia, but recreational use of marijuana-derived products is prohibited. They are allowed medically, however.
Wisconsin
In Wisconsin, hemp-derived CBD is legal. Medicinally, marijuana-derived CBD is also allowed, though not recreationally.
Wyoming
Only hemp-derived CBD is legal in Wyoming, except in specific medical instances.
A hemp seed grower or hemp product producer in any of the states above should be familiar with any state law or federal law relating to CBD.
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The information contained above is provided for educational and informational purposes only, and should not be construed as legal advice. The provided information may not reflect current legal developments or information, and is not guaranteed to be correct, complete or current. We recommend checking our source(s) to see if the information or legal status have been revised since our content was published.
Sources:
United States Congress. H.R. 2 - 115h Congress (2017-2018): Agriculture Improvement Act of 2018. https://www.congress.gov/bill/115th-congress/house-bill/2
Business Insider. Marijuana legalization is sweeping the US. See every state where cannabis is legal. https://www.businessinsider.co
