Is CBD Legal in All 50 U.S. States?

Tina Magrabi
Tina Magrabi - Content Writer

Jan 05 2022 - 3 min read

Cannabidiol (CBD) is technically legal in the United States, Washington D.C., the U.S. Virgin Islands, and Puerto Rico.

However, protections only extend to CBD cultivated from hemp plants and with a concentration of tetrahydrocannabinol (THC) below 0.3%. In other words, the legality of CBD derived from marijuana is still in a legal gray area (but more on that in a moment).

In 2018, the United States Congress passed what’s known as the Farm Bill, a package of legislation updated every five years that covers a wide range of programs from subsidies for farmers to protections for consumers. The most valuable piece of legislation passed within this recent update was the legalization of the cultivation, production, sale, and possession of hemp at the federal level.

If you’re looking for CBD made from hemp plants, there are many states where it’s possible to buy and use the product. Learn exactly where CBD is legal in the United States, along with any restrictions on CBD products.

Note: The information in this article does not constitute legal advice. CBD laws continue to evolve and you should seek the most up-to-date information from your governing authority.

Is CBD Legal in All 50 States?

Currently, 47 of the 50 U.S. states — as well as the District of Columbia — have legalized the sale and use of hemp-derived CBD products. However, some states have restrictions on what CBD products can be sold.

States with No Restrictions on CBD Sales

  • Alabama
  • Hawaii
  • Illinois
  • New Jersey
  • New Mexico
  • New York
  • North Dakota
  • Ohio
  • Oklahoma
  • Virginia
  • Wyoming

States with CBD Restrictions

The following states have some restrictions on CBD products:

  • Alaska
  • Arizona
  • Arkansas
  • California
  • Colorado
  • Connecticut
  • Delaware
  • Florida
  • Georgia
  • Indiana
  • Kansas
  • Kentucky
  • Louisiana
  • Maine
  • Massachusetts
  • Maryland
  • Michigan
  • Minnesota
  • Mississippi
  • Missouri
  • Montana
  • Nevada
  • New Hampshire
  • North Carolina
  • Oregon
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Utah
  • Vermont
  • Washington
  • West Virginia
  • Wisconsin

Note that the above restrictions apply to recreational CBD consumers. Medical marijuana cardholders may not face the same restrictions in every state.

States Where CBD Is Illegal

Only a couple of U.S. states have laws prohibiting the sale and use of CBD hemp products.

Idaho

According to Idaho state law, any hemp-derived CBD product must meet two conditions in order to be legal. First, it must contain 0% THC, not just less than 0.3%. Second, it must be classified as “not marijuana” under Idaho Code§ 37-2701(t). In simple terms, this means the CBD can only be taken from certain parts of the hemp plant.

Nebraska

CBD is still technically illegal in Nebraska, but hemp-derived CBD was decriminalized by the state government in a bill passed on May 30, 2019. Nebraska LB 657 removed hemp and hemp-derived products from the controlled substances list. Any CBD product sold in Nebraska must contain less than 0.3% THC and follow certain manufacturing, testing, and delivery rules.

The Legal Gray Area: Marijuana-Based CBD Products

Unlike hemp-derived CBD products, the use of CBD products with marijuana is still in a gray area when it comes to legal sale and usage. Some states allow marijuana-based CBD without medical exemption; other states require a medical exemption. Idaho, Nebraska, and South Dakota are the only states where marijuana-derived CBD is illegal.

Below are the U.S. states where you can legally purchase marijuana-derived CBD and use it for a wide range of medical conditions:

  • Alaska
  • Arizona
  • Arkansas
  • California
  • Colorado
  • Hawaii
  • Kansas
  • Maine
  • Michigan
  • Nevada
  • Oregon
  • Vermont
  • Washington

One important note: When in doubt, check with your local government on the legal status of all marijuana products, including marijuana-derived CBD.

Below are the states where any CBD product derived from a marijuana plant that contains more than 0.3% THC requires you to obtain a medical marijuana card or receive an exemption for a diagnosed condition:

  • Alabama
  • Connecticut
  • Delaware
  • Florida
  • Georgia
  • Illinois
  • Indiana
  • Iowa
  • Kentucky
  • Louisiana
  • Maryland
  • Massachusetts
  • Minnesota
  • Mississippi
  • Missouri
  • Montana
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • Tennessee
  • Texas
  • Utah
  • Virginia
  • West Virginia
  • Wisconsin
  • Wyoming

Be sure to review the current laws in your state regarding the sale or use of any CBD product.

Frequently Asked Questions

Why is CBD oil legal when THC is not?

Although CBD oil may have mild psychoactive effects, it is not considered a psychoactive substance to the same degree as THC. THC, especially in high concentrations, has strong intoxicating effects, which is partially why cannabis is considered a Schedule I Controlled Substance under federal law.

What is the legal limit of THC in CBD products?

In most states, CBD products must contain no more than 0.3% THC. However, there are exceptions in some states, so check with your local legislature before purchasing any CBD products.

Is hemp-based CBD oil legal?

Hemp-based CBD oil and other hemp products are fully legal in most states, whereas marijuana-based CBD products are not. Cannabis and CBD laws are constantly changing, so verify the legal status of any drug before you purchase it.

Experience the benefits of CBD products and the whole cannabis plant with a medical marijuana card. Reach out to the qualified doctors at Leafwell and we’ll meet with you in our virtual clinic to start you on your way to obtaining an MMJ card.

Written by
Tina Magrabi
Tina Magrabi

Tina Magrabi is a writer and editor specializing in holistic health. She has written hundreds of articles for Weedmaps where she spearheaded the Ailments series on cannabis medicine. In addition, she has written extensively for the women's health blog, SafeBirthProject, as well as print publications including Destinations Magazine and Vero's Voice. Tina is a Yale University alumna and certified yoga instructor with a passion for the outdoors.

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