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CBD Laws by State

CBD Laws by State

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.

Premium CBD for Health & Vitality

Now that you know the CBD laws in your state, you may be wondering about traveling with CBD. For example, can you travel with CBD gummies? you can browse Zebra CBD’s collection of premium CBD products. All of our products are tested for purity and efficacy by independent third parties and we strive rigorously for label accuracy, so you always know what’s inside.

Shop with confidence at Zebra CBD.

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

CBD Awareness Project. 2022 CBD Laws by State. https://www.cbdoil.org/cbd-laws-by-state/


Co-founder of Copycat Copywriters, Adam Biederman has written for dozens of CBD and cannabis companies on a wide array of topics, including regulations, economics, farming practices and biochemistry.

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