Is CBD Legal in All States?
Posted on July 12 2022
CBD, or cannabidiol, is one of hundreds of chemical compounds found in the hemp or cannabis plant, and has been legal at the federal level in the United States since 2018 with the passage of the Agriculture Improvement Act. This bill made the growth, sale, and production of industrial hemp with less than .3 percent tetrahydrocannabinol (THC) legal at the federal level.
However, each state still has the ability to regulate whether CBD is legal within its borders, along with whether its legality comes with restrictions. With the popularity of CBD products continuing to rise as it shows promise for helping with medical conditions ranging from anxiety to epilepsy to arthritis, it's good to familiarize yourself with the view of CBD for your state and/or any states in which you frequently travel.
The following is a breakdown of states in which CBD is fully legal, restricted, and/or fully illegal.
CBD Laws by State
States Where CBD is Fully Legal
- Washington, D.C.
States Where CBD has Restrictions
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Rhode Island
- South Carolina
- West Virginia
States where CBD is Illegal
- South Dakota
As demand for CBD oil and other products continues to grow, additional states continue to legalize it, though specific state laws regarding both hemp and marijuana-sourced CBD remain in flux.
Even though the Agriculture Improvement Act of 2018 (also known as the Farm Bill) made CBD legal at the federal level, it also gave states the authority to regulate its production and possession within their borders. In many states, the source of the CBD oil in question plays an important role in its legality. CBD oil sourced from hemp is legal in most states, while CBD sourced from the cannabis sativa plant remains illegal across many states—largely because of its potential to contain THC, which is the chemical compound associated with the psychoactive "high" that marijuana can produce. In some states, CBD's legality may also be influenced by its intended use.
CBD Laws by State
Let's take a closer look at some of the specifics around state-level laws regulating CBD.
States Where CBD is Fully Legal
Alaska has fully legalized use of cannabis, including CBD products, for both medical and recreational uses.
The use of marijuana and marijuana derived CBD products for both medical and recreational use was made legal in California through Senate Bill 420, passed in 2003, and the California Food and Agricultural Code, Division 24, in 2016. The only exception is that the state will not allow CBD to be added to either human or pet food, pending approval by the FDA by the FDA as a safe food ingredient, additive, or dietary supplement.
According to the Colorado Constitution, Article XVIII, Section 14, CBD oil derived from both cannabis and hemp are fully legal, including for medical and recreational use. In addition, Colorado has passed several pieces of pro-hemp legislation, which help clarify legal definitions of hemp and marijuana.
The state of Illinois legalized the medical use of marijuana products in 2013, and in 2018, the state passed legislation that made legal the sale and use of CBD products that contain less than 0.3 percent THC concentration. With the passage of HB1438 in January of 2020, Illinois became the first U.S. state to legalize the recreational sale and possession of marijuana by an act of state legislature rather than a voter ballot initiative. Following this legislation, all forms of cannabis product use are considered legal in the state.
Maine has legalized all uses of hemp and marijuana-derived CBD, including both medical and recreational.
In Massachusetts, the use of either hemp or marijuana-derived CBD oil is legal for both medical and recreational use.
Michigan has legalized all uses of both cannabis and hemp-sourced CBD products for its residents. Whether for medical or recreational use, CBD products can be used legally across the state.
All forms of CBD are legal in Nevada, for both medical and recreational use.
Oregon has legalized all uses of hemp and marijuana-derived CBD, including both medical and recreational.
In Vermont, all forms of CBD are legalized for both medical and recreational use.
Under Washington state law, any CBD product with no more than 0.3 percent THC concentration is not defined as marijuana or considered a controlled substance. All CBD products, no matter their source, are legalized for both medical and recreational use.
Washington, D.C. has legalized all forms of CBD oil for both medical and recreational use.
States Where CBD is Legal, but Restricted
In the state of Alabama, CBD sourced from hemp is legal, as is marijuana-sourced CBD when used for medicinal purposes. But any use of marijuana-sourced CBD for recreational use remains illegal. Most specifically, CBD sourced from cannabis is legal for treating debilitating seizures and can be in the possession of those with caregiving responsibilities for these types of patients. Possession of marijuana for recreational purposes is a Class A misdemeanor in Alabama.
Arizona's Proposition 203 of 2010 the medical use of marijuana legal. However, in an interesting turn of events, Arizona's courts typically have interpreted the law to exclude cannabis extracts, which would include CBD. This is because the law in Arizona defines cannabis as a separate product from marijuana. Because of this legal interpretation, it's not uncommon in Arizona for those approved for medical use of cannabis to be arrested for criminal possession of a controlled substance if they purchase CBD products. Until the question rises to the Arizona Supreme Court, it's likely that the status of marijuana-derived CBD for medical use in Arizona will remain unclear. Marijuana-sourced CBD oil used for recreational purposes remains illegal.
The Arkansas Medical Marijuana Amendment, passed in 2016, made legal the use of medical marijuana. A positive outcome of this legislation is that Arkansas now has in place a statewide labeling system for marijuana-derived products that clearly outlines the level of both CBD and THC concentration within each product marketed for medical use. Possession of cannabis-derived CBD for recreational purposes remains illegal.
In Connecticut, both medical marijuana and industrial hemp are legal; however, marijuana for recreational use is still illegal across the state.
With some medical conditions, patients in Delaware may apply for a permit to possess no more than six ounces of medical marijuana at once. Delaware's SB 90, also known as Riley's law, also made it legal to possess marijuana-derived CBD products for medical use. However, these products are required to contain less than seven percent THC in order to fall within the law's guidelines. Possession of marijuana for recreational use remains illegal in Delaware.
Florida made medical marijuana legal in 2017 with Article X Section 29 of the Florida Constitution. Under state law, marijuana-derived CBD products intended for medical use also are legal. Physicians may prescribe CBD products to patients as long as they contain less than .8 percent THC and more than 10 percent CBD. Possession of cannabis products in Florida remains illegal, punishable either as a misdemeanor or felony, depending on the amount.
Marijuana derived CBD products may be used to treat medical conditions in Georgia, made possible by the 2015 passage of Haleigh's Hope Act. Georgia law specifies that CBD products may be prescribed by physicians for specific medical conditions as long as the THC content is less than five percent. In addition, the CBD content must be equal or greater to any THC content inherent in the product. Conditions that are eligible for treatment with CBD products include amyotrophic lateral sclerosis, Crohn's disease, end-stage cancer, mitochondrial disease, multiple sclerosis, Parkinson's disease, seizure disorders, and sickle cell disease.
Georgia CBD law around recreational use of marijuana-derived products remains in flux; while in 2017, Georgia decriminalized the possession of cannabis for personal use, the production, sale, and distribution of marijuana-sourced products remains illegal.
Hawaii has legalized use of marijuana-sourced products for medical use, but the recreational use of marijuana products remains illegal.
State law in Idaho says that CBD use is allowed so long as the product meets the state’s manufacturing protocols. CBD sold in Idaho must be derived using only specific parts of the hemp plant.
Indiana recognizes the use of hemp derived CBD products as legal, though medical and recreational use of cannabis-derived CBD products remains illegal across the state. The state does consider CBD legal for the treatment of epilepsy, and also will allow sale and use of hemp-sourced CBD products containing 0.3 percent THC or lower.
In Iowa, both the medical and the recreational use of marijuana-derived CBD is illegal. However, Iowa does consider the use of hemp-derived CBD legal, and the state is currently engaged in developing a medical CBD program designed to treat medical conditions including AIDS or HIV, amyotrophic lateral sclerosis, chemotherapy-induced vomiting, Crohn's disease, end-stage cancer, multiple sclerosis, seizures, untreatable pain, Parkinson's disease or any illness deemed terminal with a life expectancy of a year or less.
Kansas allows the use of hemp-sourced CBD oil, but the use of marijuana-derived CBD for either medical or recreational purposes is illegal.
Kentucky has made the use of hemp-derived CBD legal, while marijuana-sourced CBD remains illegal for both medical and recreational purposes. Kentucky's SB 124, commonly known as the Clara Madeline Gilliam Act and passed in 2014, exempted CBD from the state's definition of marijuana drugs and allowed it to be administered by doctors, including those at state research hospitals, higher education institutions, or involved in clinical trials.
In Louisiana, the use of hemp-sourced CBD is legal, along with the use of marijuana derived CBD for medical purposes.
Maryland's Medical Cannabis Commission manages the state's medical marijuana program, and the state recognizes all hemp derived CBD products as legal. Marijuana-sourced CBD is also legal for medical use, though recreational use of marijuana-derived CBD remains illegal.
In Minnesota, hemp-derived CBD products are legal for use, and marijuana-sourced CBD products are legal for medical use. Recreational use of marijuana-derived CBD products, however, remains illegal.
Mississippi's Harper Grace's Law, formally known as HB 1231, specifies that CBD products are legal for patients with severe epilepsy, as recommended by a licensed physician. Any CBD product used for this purpose may contain no more than 0.5 percent THC, and must contain more than 15 percent CBD.
Missouri has legalized hemp-sourced CBD products for any use, and marijuana-derived CBD for medical purposes only. Recreational use of marijuana derived CBD products remains illegal across the state.
In Montana, hemp-sourced CBD products are legal, as are marijuana-sourced CBD products used exclusively for medical treatment. Recreational use of marijuana-sourced CBD products is illegal.
New Hampshire has legalized hemp-derived CBD products and marijuana-sourced CBD products for medical use. However, recreational use of marijuana-sourced CBD remains illegal across the state.
The law in New Jersey stipulates that hemp-sourced CBD products are legal, as are marijuana-derived CBD products used for medicinal purposes. Recreational use of marijuana derived CBD products is illegal.
New Mexico's SB 523 makes medical marijuana legal, as are hemp-sourced CBD products for all types of use. However, recreational use of marijuana-sourced CBD products remains illegal.
New York views hemp-derived CBD products as legal, and the state legalized medical marijuana in 2014. Recreational use of marijuana-sourced CBD is illegal across the state.
Hemp-sourced CBD products are legal for use in North Carolina, and the state allows CBD products to be prescribed for intractable epilepsy as long as the prescribed products contain less than 0.9 percent THC and at least five percent CBD.
While recreational use of marijuana-sourced CBD products remains illegal in North Dakota, the state's North Dakota Compassionate Care Act makes medical marijuana use legal. Hemp-sourced CBD products also are legal across the state.
Ohio allows for medical use of marijuana derived CBD products, along with those sourced from hemp. Section 3719.01 of the Ohio Revised Code still includes CBD as part of its definition of marijuana, and recreational use of marijuana-sourced CBD is still illegal across the state.
Oklahoma state law classifies CBD separately from marijuana. As a result, CBD sourced from hemp with 0.3 THC or lower may be sold and used throughout the state for any purpose. In addition, marijuana-sourced CBD may be used for medical purposes, though recreational use remains illegal.
In Pennsylvania, both medical marijuana and industrial hemp are legal; however, marijuana for recreational use is still illegal across the state.
The law in Rhode Island stipulates that hemp-sourced CBD products are legal, as are marijuana-derived CBD products used for medicinal purposes. Recreational use of marijuana derived CBD products is illegal.
In South Carolina, hemp-derived CBD products are legal for all types of use. In addition, state law allows marijuana-sourced CBD products with at least 98 percent CBD and less than 0.9 THC to be prescribed as treatment for Lennox-Gastaut Syndrome, Dravet Syndrome and other severe forms of epilepsy. Recreational use of marijuana-sourced CBD products is illegal across the state.
Any use of marijuana-derived CBD, whether medical or personal, is illegal in South Dakota, which has some of the strictest laws around CBD use in the country. The only exception to this is the prescribing of the FDA-approved Epidiolex as a treatment for epileptic seizures. In January 2019, South Dakota's Health and Human Services Committee passed an amendment clarifying that possession of hemp-sourced CBD is legal.
As of 2014, Tennessee has legalized the use of hemp-derived CBD; however, use of marijuana-sourced CBD products for any purpose remains illegal across the state. The one exception is that CBD oil may be prescribed by physicians for treatment of intractable epilepsy, as long as it contains less than .9 percent THC.
While hemp derived CBD products are legal in Texas, marijuana-sourced CBD remains illegal in the state, for either recreational or medical use. However, Texas allows low-THC cannabis products to be prescribed for patients with intractable epilepsy, as long as the product contains no more than 0.5 percent THC and at least 10 percent CBD.
In Utah, both medical marijuana and industrial hemp are legal; however, marijuana for recreational use is still illegal across the state.
Virginia has legalized hemp-derived CBD and the medical use of marijuana derived CBD products. In fact, Virginia's HB 1251, passed in 2018, broadly expanded the legalization of medical CBD oil to be prescribed for "any diagnosed condition or disease determined by the practitioner to benefit from such use." Recreational use of marijuana-sourced CBD products remains illegal across the state.
The law in West Virginia stipulates that hemp-sourced CBD products are legal, as are marijuana-derived CBD products used for medicinal purposes. Recreational use of marijuana derived CBD products is illegal.
Both recreational and medical use of marijuana derived CBD products remain illegal in Wisconsin. However, use of hemp-sourced CBD is legal.
In Wyoming, both medical marijuana and industrial hemp are legal; however, cannabis for recreational use is still illegal across the state.
States Where CBD is Illegal
CBD of all forms and sources is illegal across the state of Nebraska. In fact, under Nebraska's Uniform Controlled Substances Act, CBD is still considered part of the definition of marijuana.
The only exception to its illegal status is the FDA-approved drug Epidiolex, which can be prescribed as a treatment for epileptic seizures.
Be sure to keep in mind that laws around CBD regulation can change quickly; to make sure you have the latest information for your state, consult its Criminal Code or Agriculture Department.
Can You Take CBD on an Airplane?
Travelers often turn to CBD products to help ease the discomfort of traveling by plane—whether that's making it easier to sleep, relieving anxiety, soothing cramped muscles, or more.
But there are some important things you should know about traveling with CBD by plane, especially if you're traveling from state to state. An easy rule of thumb to remember is that most states will allow the possession of hemp-based CBD, since it is guaranteed to contain less than 0.3 percent THC. However, if you are traveling to a state that you know has strict cannabis regulations, you should take the time to research state laws before you bring your CBD.
It's also a good idea to make sure any CBD product you travel with contains 0.3 percent THC or less. In addition, any CBD product you travel with must adhere to TSA guidelines: liquids, including oils, tinctures, or creams, must be less than three ounces. In addition, a CBD vape pen can go through airport security in a carry-on bag, but is not allowed in checked baggage.
CBD Laws Vary by State, so it’s Important to Educate Yourself Before Traveling or Purchasing
While CBD was made legal at the federal level with the passage of 2018's Farm Bill, its legality remains a gray and murky area at the state level. Bottom line: CBD must be legal at both the federal level and the state level in order for it to be legal in your state.
If a CBD product is illegal in your state, you should steer clear until the law changes. And if CBD products are legal in your state, make sure you're purchasing them from a known, knowledgeable and respected source—like FarmerandChemist.com. Our team of pharmacists can help ensure that the CBD products you choose are both safe and effective as you incorporate them into your health and wellness approach.