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Where is Cannabis Oil Legal?

USA map color-coded by legal policy of cannabis oil

Article written by

Ruth LemonChief of Staff

Content reviewed by

Dr. Lewis Jassey

Table of contents

  1. Where are Cannabis Oils Legal?
  2. Recreational States Where Cannabis Oil is Legal
  3. Medical States Where Cannabis Oil is Legal 
  4. States Where Cannabis Oil is Illegal
  5. CBD Oil for the Average Consumer 
  6. Cannabis Oils and Tinctures: a Top Choice for Medical Patients

With more and more states legalizing cannabis in some form with every passing year, it can be hard to keep track of exactly what is legal and where. One of the best examples of this inconsistency is the legal status of cannabis oil across the U.S.

After the passage of the 2018 Farm Bill, a law that legalized all hemp-derived CBD products containing below .3 percent THC to be sold in consumer spaces, CBD oil products have absolutely exploded in popularity. U.S. consumer sales of cannabidiol (CBD) reached around $4.17 billion in 2022, a significant increase from around half a billion U.S. dollars in 2018. That’s comparable sales-wise to the projections for legal cannabis in the U.S., an industry projected to hit $57 billion by 2028.

Despite these established laws and incredible consumer support for forms of cannabis oil, it’s still hit or miss whether it’s actually available for consumers and patients alike to get their hands on from their local dispensaries. We here at Leafwell have already provided our readers with go-to guides on where both cannabis concentrates and cannabis flower are legally available and where they’re not. Now it’s time to do the exact same thing for cannabis oil.

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While it might seem like common sense that all forms of cannabis products, including cannabis oils, would be legal and available for consumers and patients alike in states where recreational or medical cannabis have been legalized, the reality just isn’t that black and white.

Each state has different rules when it comes to what types of cannabis oil products you can get, how much you can possess at once, what concentration of cannabis compounds that oil can have, and a few other important points. It’s important to do your research on your particular state’s rules and regulations.

  • Alaska
  • Arizona
  • California
  • Colorado
  • Connecticut
  • Delaware
  • Illinois
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Missouri
  • Montana
  • Nevada
  • New Jersey
  • New Mexico
  • New York
  • Ohio
  • Oregon
  • Rhode Island
  • Vermont
  • Washington
  • Washington D.C.
  • Guam (U.S. territory)
  • Northern Mariana Islands (U.S. territory)
  • U.S. Virgin Islands (U.S. territory)

The following states have all legalized medical cannabis and allow their patients to have consistent and reliable access to cannabis oil products:

For an added wrinkle of confusion for consumers, some states have legalized cannabis oil for medical use in only a limited fashion. That means that medical patients will have some access to very specific forms of cannabis oil concentrates, each with different levels of THC and CBD cannabinoid compounds.

Here are those states and specific requirements:

  • Georgia – CBD oil with less than 5% THC in select low-THC products (oral capsules, sublinguals, topicals)
  • Texas – CBD oil with no more than 1% THC

States Where Cannabis Oil is Illegal

The following states have not legalized recreational or medical cannabis, but residents may use and purchase hemp-derived CBD oil with some limitations:

  • Idaho –  Hemp CBD oil with 0% THC only
  • Indiana – Hemp CBD oil only
  • Kansas –  Hemp CBD oil with 0% THC only
  • Kentucky – Hemp CBD oil only
  • Nebraska – Hemp CBD oil only
  • North Carolina –  Hemp CBD oil with less than 0.3% THC legal for all use; hemp CBD oil with less than 0.9% THC for specific medical conditions
  • South Carolina – Hemp CBD oil with less than 0.3% THC legal for all use; hemp CBD oil with less than 0.9% THC for specific medical conditions
  • Tennessee – Hemp CBD oil with less than 0.3% THC legal for adults 21 and older; hemp CBD oil with less than 0.9% THC for specific medical conditions
  • Wisconsin – Hemp CBD oil only
  • Wyoming – Hemp CBD oil only
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CBD Oil for the Average Consumer 

While the three lists above this section break down which states allow recreational and medical access to THC-rich cannabis oils, there are other options for those in states that have yet to be legalized in one form or another.

Since the passage of the 2018 Farm Bill, consumers can walk into most health food stores and pharmacies and find some form of commercial-grade CBD oil products. While many, including the FDA themselves, have raised questions about the purity and effectiveness of non-medical or recreationally legal CBD products, it’s a better option than going without the cannabis oil you need to ease your aches and pains, reduce anxiety, and keep the symptoms associated with debilitating injuries at bay.

If you live in a state that has yet to allow access to any type of medical or recreational cannabis products, like Nebraska, commercial-grade CBD oil off the shelf of your local grocery or health food place might be the best option for you until a bill passes to give you consistent and legal access to better quality cannabis oil options.

If you do happen to live in a state with an approved medical program, consider getting a medical card of your own!

Cannabis Oils and Tinctures: a Top Choice for Medical Patients

While both the legality of and public support for both medical and recreational cannabis has never been higher, there’s still a whole lot of work left to be done in ensuring that patients have consistent and legal access to the medicine that works best for them.

Cannabis oil products are easy to use, easy to dose, and work quite quickly when it comes to easing pain and dulling symptoms of debilitating illness, whereas smoking a joint comes with lung-related health issues that can happen when smoking any type of organic matter.

As more and more states come around on the money-making and healing potential of medical cannabis, we’re likely to see many of the states who are still holding fast to War on Drugs-era policy when it comes to cannabis change their tune for the good of the patients within their borders.

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