Is CBD Legal?

So; is CBD legal? A slew of legislation over the last decade has seen the legal status of cannabis in constant flux.

Just about every U.S. state has legalized the cannabis plant in some capacity, yet it remains federally illegal. However, the 2018 Farm Bill’s passing targeted a specific component of cannabis known as cannabidiol (CBD), drastically changing its legal status.

Before understanding the legality of CBD in the U.S., it helps to know what exactly CBD is, as well as what the 2018 Farm Bill is.

What is CBD?

CBD is just one of several constituents of the cannabis plant known as cannabinoids. The other well-known cannabinoid in cannabis plants is tetrahydrocannabinol (THC). There are significant differences between these cannabinoids.

Most importantly, CBD and THC’s noticeable difference is that the former does not produce the mind-altering effects that its counterpart does. This is an important distinction that determines the legality of CBD.

Additionally, CBD possesses an array of medicinal properties. People suffering from ailments such as mild anxiety to severe epilepsy are increasingly turning to CBD as a supplemental remedy. The medicinal properties of CBD make it a popular choice for fitness enhancement and holistic medicine as well.

Hemp vs. Marijuana- what’s the difference?

All CBD is derived from the cannabis plant, but there is an essential distinction between the type of cannabis plant used for CBD extraction. Most people have heard the terms “hemp” or “marijuana,” and many still think that these terms are interchangeable. But in fact, hemp and marijuana become different categories of the cannabis plant depending on the ratio of cannabinoids.

Cannabis is referred to as marijuana when it contains a high amount of THC, the psychoactive component. Conversely, as long as a cannabis plant has 0.3% or less THC, it is considered hemp. It can contain any amount of CBD or other non-psychoactive cannabinoids, however.

For this reason, hemp generally sees more acceptance in society because of its industrial applications and reduced risk for substance abuse.

The 2018 Farm Bill explained.

Before the introduction of the 2018 Farm Bill, hemp was intertwined with marijuana and cannabis in general as a Schedule 1 substance, meaning that it was federally recognized as having a high potential for abuse and minimal medical application. It was mostly illegal to produce and sell CBD products unless operating under one of the government’s pilot programs.

In 2018, the Farm Bill was remade to include a section on the legal classification of hemp. Effectively, it considered hemp as separate from marijuana, thus removing it as a Schedule 1 substance. Now, as long as it contains 0.3% or less THC, hemp can be grown and transferred across state lines without repercussions.

CBD legality, state by state.

Despite the federal legality of CBD, individual states still have the power to determine state-level legality. Below is a description of CBD’s legal status per state.

Is CBD legal in the state of Alabama?

Following the 2018 Farm Bill, Alabama has allowed the purchase and sale of CBD products that contain less than 0.3% THC. However, it is still illegal to grow CBD plants unless permitted under the industrial hemp pilot program.

Is CBD legal in the state of Alaska?

Alaska’s CBD laws are in alignment with the 2018 Farm Bill. CBD is already widely sold in stores. However, the Alaskan market is still unregulated, which the state warns buyers.

Is CBD legal in the state of Arizona?

Arizona has not yet defined precise regulation around CBD. Under the Arizona agriculture program, industrial hemp can be grown for research purposes. Imported, hemp-derived CBD can be purchased in stores.

Is CBD legal in the state of Arkansas?

Consumption, sale, and possession of CBD is legal in Arkansas. The state is mostly aligned with federal laws. As of 2020, 80 hemp farmers have been approved to grow hemp plants.

Is CBD legal in California?

California has legalized all cannabis, both medically and recreationally. CBD derived from any cannabis plant may be purchased and sold within the state.

Is CBD legal in Colorado?

Colorado has wholly legalized cannabis. Growing, purchasing, and selling CBD is permitted within the state. In Colorado, CBD can also be used as a food ingredient, but it needs to contain less than 0.3% THC.

Is CBD legal in Connecticut?

Connecticut allows the production and sale of CBD per federal laws. Medical patients can also purchase medical marijuana, which includes CBD derived from marijuana plants.

Is CBD legal in Delaware?

Delaware has legalized the purchase and sale of hemp-derived CBD products statewide. Industrial hemp can be grown for research purposes only, and the state also allows medical marijuana.

Is CBD legal in Florida?

Florida has relaxed laws toward CBD, allowing the purchase and sale within the state. Growers must obtain a business license from the state. Florida also has an extensive medical marijuana program.

Is CBD legal in Georgia?

As of 2019, Georgia allows the purchase of CBD from less than 0.3% THC-containing hemp. Georgia, however, does not allow the use of CBD in food products. Future programs will allow CBD derived from plants containing up to 5% THC.

Is CBD legal in Hawaii?

CBD is still technically illegal in Hawaii. That includes its use in food or dietary substances. However, CBD products are still widely sold in stores, albeit unregulated. Medical patients may always be able to purchase CBD products.

Is CBD legal in Idaho?

Idaho has made all CBD products illegal unless containing 0% THC. The exception to this is Epidiolex, which is an epilepsy medication. Idaho has not updated their stance on CBD following the 2018 Farm Bill.

Is CBD legal in Illinois?

Illinois had already legalized CBD under the Illinois Cannabis Regulation and Tax Act. And as of 2020, recreational cannabis is entirely lawful, which includes CBD purchases.

Is CBD legal in Indiana?

CBD is legal in Indiana as of the passing of the 2018 Farm Bill. Indiana requires strict rules on products with CBD as an ingredient.

Is CBD legal in Iowa?

Iowa has not legalized CBD, except under the Medical Cannabidiol Act, which allows certain medical patients to obtain it.

Is CBD legal in Kansas?

Kansas started an industrial hemp program under the HB 2167 law in 2019. But the law still only allows the sale and production of CBD if it contains 0% THC.

Is CBD legal in Kentucky?

Kentucky has legalized CBD following the 2018 Farm Bill. They have not stated whether or not it can be used in food products.

Is CBD legal in Louisiana?

Louisiana was mostly unregulated in regards to CBD before the 2018 Farm Bill. It is now following federal law. Additionally, Louisiana has placed restrictions on which types of products may contain CBD.

Is CBD legal in Maine?

Maine’s stance on CBD is following federal laws. It is also possible to sell CBD in food, but sellers cannot make therapeutic claims.

Is CBD legal in Maryland?

Maryland aligns with federal laws in regards to CBD purchase and possession. It is also permitted to purchase CBD products with a medical marijuana license.

Is CBD legal in Massachusetts?

CBD legality in Massachusetts is still in a gray area as the state has not yet enacted laws to regulate products. As of 2019, Bill H4001 is stalled in legislation.

Is CBD legal in Michigan?

Michigan is in alignment with federal rules regarding the sale and purchase of CBD. But those who wish to grow CBD must obtain a permit under the state industrial hemp program.

Is CBD legal in Minnesota?

Minnesota has had legal CBD since 2015, and its laws have been updated since 2018. The state is strict about labeling, prohibiting marketing that violates FDA warnings.

Is CBD legal in Mississippi?

Mississippi has not updated its CBD laws to match federal rules. Medical patients may receive CBD under certain circumstances. CBD possession is strictly enforced and punishable by law.

Is CBD legal in Missouri?

Missouri’s CBD laws are left mostly to interpretation as they do not explicitly mention if hemp-derived CBD is legal. However, they have removed industrial hemp plants from the controlled substance list. It is possible to purchase and sell CBD products within the state.

Is CBD legal in Montana?

Montana has legalized CBD, but it is not allowed in food products or ingredients.

Is CBD legal in Nebraska?

As of 2019, Nebraska is now in line with federal regulations under the Nebraska Hemp Farming Act. Confusion over the act still exists due to it not explicitly mentioning CBD.

Is CBD legal in Nevada?

Now that Nevada legalized recreational use of cannabis, this includes most CBD products as well. Selling CBD as a food additive is still illegal.

Is CBD legal in New Hampshire?

New Hampshire has always followed federal laws regarding CBD and still does. The state is strict about not allowing CBD additives for food.

Is CBD legal in New Jersey?

New Jersey has legalized all CBD products per federal regulations.

Is CBD legal in New Mexico?

CBD is legal in New Mexico. Products must undergo state-regulated analysis before processing or selling.

Is CBD legal in New York?

CBD is strictly regulated in New York and mostly complies with federal laws. New York allows the addition of CBD in food and drinks.

Is CBD legal in North Carolina?

CBD is legal in North Carolina. Furthermore, patients with specific health issues may purchase products containing up to 5% THC medically.

Is CBD legal in North Dakota?

North Carolina allows for the production and sale of hemp-derived CBD under H.B. 1349. Medical patients may also use CBD derived from cannabis plants.

Is CBD legal in Ohio?

Following the federal 2018 Farm Bill, Ohio followed suit with their own rules. It is currently legal to purchase and sell CBD derived from hemp. Grower licenses can be obtained for three years and with no prior conventions over the past decade.

Is CBD legal in Oklahoma?

Oklahoma has legalized hemp CBD following the 2018 Farm Bill. Any dispensary selling edibles must be licensed according to state food laws.

Is CBD legal in Oregon?

Oregon has fully legalized cannabis for recreational use. This includes CBD products.

Is CBD legal in Pennsylvania?

Pennsylvania has legalized hemp-derived CBD as of 2018, and it’s rules are managed by the Pennsylvania Department of Agriculture. Growers must maintain a yearly license for $600.

Is CBD legal in Rhode Island?

As of 2019, CBD and many products are permitted, including food products. CBD packaging and marketing cannot contain information that violates FDA wording.

Is CBD legal in South Carolina?

South Carolina follows federal laws regarding CBD and allows the cultivation of CBD plants under their industrial hemp pilot program. CBD may also be obtained with a medical license.

Is CBD legal in South Dakota?

CBD is illegal in South Carolina despite relaxed federal laws. This includes the lack of any industrial hemp pilot program.

Is CBD legal in Tennessee?

Hemp-derived CBD is legal in Tennessee. Products must be lab-verified and can include edibles.

Is CBD legal in Texas?

Texas legalized CBD in 2019 after federal laws changed. Under the Texas Compassionate Use Act, CBD with THC containing up to 0.5% may be purchased for particular medical conditions.

Is CBD legal in Utah?

CBD can be purchased and sold legally in Utah as long as it contains less than 0.3% THC. It also has a medical marijuana program that allows the purchase of CBD.

Is CBD legal in Vermont?

Vermont recognizes hemp-derived CBD as lawful and also allows it in food and beverages. Growing and processing it is legal and must adhere to labeling laws.

Is CBD legal in Virginia?

Hemp-derived is legal in Virginia and can also be used as a food additive. Future legislation will enact regulations on the cultivation of CBD plants.

Is CBD legal in the state of Washington?

Washington has fully legalized cannabis for recreational use, and this includes CBD in its many forms.

Is CBD legal in West Virginia?

Hemp has been legal in West Virginia since 2002. It can be grown, purchased, and sold under state law.

Is CBD legal in Wisconsin?

Wisconsin allows the buying and selling of hemp-derived CBD legally. It also has a pilot program for cultivating industrial hemp.

Is CBD legal in Wyoming?

Wyoming allows for the purchasing and selling of hemp-derived CBD and industrial hemp growing programs and medical programs.

The legality of CBD; it’s an ever-changing landscape.

Due to recent legislation at the federal level under the 2018 Farm Bill, CBD has the potential to be legal in every state. But individual states will always have the power to enact similar legislation. While most states have legal CBD in some regard, there are a select few states that have been slow to adopt new laws around it.

When purchasing CBD in a given state, make sure to understand all caveats surrounding the legality of CBD.