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Is CBD legal in all 50 states? – The complete 2020 Guide
Is CBD legal in all of the 50 United States? There is not a simple answer to this question. In this article, we will look at the legal status of cannabidiol (CBD) on a state to state basis.
What are CBD and CBD products?
CBD, which is Cannabidiol in full, is a compound from the resinous flower of the cannabis plant that occurs naturally. It has a close relation to THC, tetrahydrocannabinol, which is responsible for people getting high. However, CBD has more medical advantages as compared to THC, and does not have any psychotropic effects.
CBD oil is obtained from resinous trichomes found in the cannabis and hemp plants. Industrial hemp with low resin will produce less oil as compared to that with high resin. The process of extracting CBD oil from the cannabis plant varies with different locations. After the extraction, the oil is refined and made into different products.
Legal status of CBD: State by State
This table summarizes the legal status of CBD Oil in each of the 50 States.
|State||Is CBD legal?||Restrictions:||Since when?|
|Alaska||Yes ⚠️||Only if derived from the stalks and seeds of hemp.||2018|
|California||Yes ⚠️||As a food additive.||2018|
|Connecticut||Yes ⚠️||Only if derived from hemp||2014|
|Georgia||Yes ⚠️||Only for medical purposes. Only with less than 5% THC.|
|Idaho||Yes ⚠️||Only for medical purposes. Only if derived from the stalks and seeds of hemp. Only with 8% THC.||2015|
|Louisiana||Yes ✅||Only with 0% THC|
|Missouri||Yes ⚠️||Only for medical purposes.||–|
|Nebraska||Yes ⚠️||Only for patients enrolled in the Medical Pilot Study.||–|
|Nevada||Yes ⚠️||Consumerd only in private.||2016|
|New Hampshire||Yes ✅||–||2016|
|New Jersey||Yes ✅||–||2009|
|New Mexico||Yes ✅||–||2017|
|New York||Yes ✅||–||2017|
|North Carolina||Yes ⚠️||For the treatment of seizure-related conditions.||–|
|North Dakota||Yes ✅||–||2018|
|Rhode Island||Yes ✅||–||2018|
|South Carolina||Yes ✅||–||2014|
|South Dakota||Unclear ⚠️||–||–|
|Utah||Yes ⚠️||Subject to pre-approval by the state||2018|
|West Virginia||Yes ✅||–||2018|
Is CBD oil legal in Alabama?
Alabama allowed the University of Alabama Birmingham in 2014 to research how effective it was to use low THC products to help manage seizure disorders under Carly’s law. In 2016, Len’s law allowed physicians to recommend CBD for conditions other than seizure disorders. Today, Alabama currently operates under the 2018 Farm Bill, making CBD legal in the state.
Is CBD oil legal in Alaska?
In Alaska, CBD oil is legal to use as long as it’s derived from industrial hemp, and more specifically the stalks and seeds of the hemp plant. Furthermore, it is mandatory for all CBD products to contain less than 0.3% of THC to be deemed legal. The state’s pilot program was officially active after legislation was signed by Bill Walker on the 12th of April 2018. As a sign of full approval, the Governor actually signed the document using a hemp pen.
Is CBD oil legal in Arizona?
Cultivating industrial hemp in Arizona was officially legalized in May 2018 by Governor Doug Ducey, as long as it contains less than 0.3% THC. This marked the beginning of the low THC cannabis products, such as CBD Oil. Nonetheless, medical marijuana has been legal in Arizona since the moving case of the Welton family 1 back in 2010. It can, however, only be obtained with a medical card.
Is CBD oil legal in Arkansas?
The state has laws which allow both hemp pilot for industrial programs and also marijuana for medical needs. This means that it is legal to buy, possess and consume CBD oil and related products in Arkansas if they contain less than 0,3% of THC. For THC rich products, people must be suffering from one or more of qualifying medical disorders.
Is CBD oil legal in California?
California allows the use of marijuana for both adult and medical purposes. However, there are still a few things that cause a bit of misunderstanding in their CBD laws. The California Department of Public Health in July 2018, a FAQ which prohibited the use of CBD oil as a food additive claiming that it had not yet been legalized.
Is CBD oil legal in Colorado?
Colorado has embraced cannabis as a legal substance for both medical and adult use since the law was amended in 2001. This makes all types of CBD products legally available on its territory. Despite the fact that THC rich products are popular and widely available, hemp-derived CBD Oil is also a popular choice for some, looking to alleviate medical problems without the psychoactive effects of THC.
Is CBD oil legal in Connecticut?
In Connecticut, the law permits CBD oil to be used freely only if derived from the hemp plant and contain less than 0,3% of THC. CBD derived from marijuana can be used for medical reasons, but one must first sign up and be approved for a medical marijuana program. Industrial hemp pilot programs are also used in the state since 2014 when the industrial hemp feasibility study began.
Is CBD oil legal in Delaware?
The law in Delaware allows cannabis to be used for medical purposes only. However, conditions are limited. Nevertheless, the state also has industrial hemp pilot programs, making CBD oil with less than 0,3% THC legal to purchase and consume without a doctor’s approval.
Is CBD oil legal in Florida?
The question, is CBD oil legal in Florida possess a lot of dispute in the state. Although the Florida Department of Agriculture says that it is not legal to sell CBD, Nikki Fried has been pushing to make state laws consistent. Currently, the police are still arresting CBD oil retailers. So is CBD oil legal in Florida? The answer should be not yet, but maybe soon there will be more consistent laws on the same.
Is CBD oil legal in Georgia?
The University System of Georgia is allowed by the law to produce CBD oil with a low concentration of THC which is used for clinical research. The CBD oils should always have THC maximum levels of 5% and below. The oils are used to treat Sickle Cell diseases, stage four cancer, mitochondrial diseases, Crohn’s, Seizure disorders and Parkinson’s. People, with severe health conditions, are allowed to purchase CBD oil only if they are part of GA’s Low THC Oil Registry.
Is CBD oil legal in Hawaii?
As recently as May 2019, Hawaii issued a statement, prohibiting the possession, distribution, and sales of CBD Oil 2 on the state’s territory without a prescription.
A new law from January 2020, will reduce penalties involving the marijuana possession of up to 3 grams to a non-criminal violation.
Is CBD oil legal in Idaho?
In Idaho, CBD oil has been illegal until 2015 when the legislature passed the bill S1146a. This was a relief for parents with children who had epilepsy, as CBD Oil with 0% THC was made legal. The Oil must be made from the stalks or seeds, but not leaves and flowers from the hemp plant. The governor C.L. Butch went ahead and issued an executive order for a program known as the Expanded Access Program which allowed epileptic children to access the pharmaceutical grade of the CBD oil. In September 2018, the FDA approved Epidiolex which is now available for prescriptions and also covered by a good number of insurance agencies.
Is CBD oil legal in Illinois?
Illinois’ CBD pilot program is specifically meant for manufacturers who extract CBD oil. SB 2772 law, signed in 2018, allows for the extraction and distribution of low THC hemp if the distributors possess a certificate showing that the THC level is lower than 0.3% of the total product. This law also excludes low THC from the Cannabis Control Act stating that low-THC is exempted from cannabis definition.
Is CBD oil legal in Indiana?
Although there is no law concerning medical marijuana in Indiana, the state possesses an industrial hemp pilot program. Since a Senate Enrolled Act was passed in 2018, people in Indiana are allowed to sell, buy and have CBD oil. However, the CBD products must follow the regulations in the law and have appropriate labels. The products should not possess THC of more than 0.3%.
Is CBD oil legal in Iowa?
The Iowa Code chapter 124E allowed for the creation of medical CBD programs. This means that CBD oils derived from Cannabis could be accessed by qualified individuals under specific restrictions. CBD Oil derived from hemp however is fully legal, following the federal law.
Is CBD oil legal in Kansas?
Although Kansas does not have a medically oriented cannabis program, the Senate passed the 263 Bill which officially legalizes CBD products in Kansas under the Alternative Crop Research Act. Therefore, the purchase and consumption of CBD products containing less than 0,3% THC in Kansas are legal.
Is CBD oil legal in Kentucky
The state of Kentucky has many medical and industrial programs under hemp research. 61% percent of the hemp grown in Kentucky is used for the manufacture of CBD products. The SB 124 Clara Madeline Gilliam Act of 2014 removed CBD from marijuana definition allowing it to be distributed in the school of medicine in Kentucky for medical trials. Marijuana still remains illegal in the state of Kentucky, however, CBD products with less than 0,3% THC are officially legal.
Is CBD oil legal in Louisiana?
There is currently a conflict between the 2018 Farm Bill and the State-law regarding CBD in Louisiana. In February 2019, the state of Louisiana came with an official statement which prohibits the possession and use of products with any traces of THC 3 . In addition, the Louisiana Board of Pharmacy has officially classified any marijuana extracted products as a schedule I drug under the Louisiana Controlled Dangerous Substance Law. As of June 2020, CBD oil with any traces of THC is declared as illegal in the state of Louisiana, however, all the laws regarding this substance are currently being reviewed and an official law regarding the legal status of CBD will be issued soon. For now, only CBD products with absolutely no traces of THC could be legally obtained.
Is CBD oil legal in Maine?
Maine is another state where Cannabis is used for both medical and adult use just like California. However, unlike California, Maine allows the consumption of hemp CBD and cannabis products completely. Medical cannabis was legalized in 2005, while the use of industrial hemp for commercial use was made legal in 2016.
Is CBD oil legal in Maryland?
CBD oil products are legal and heavily produced in Maryland. They are for both medical and industrial purpose pilot programs in the state. However, THC levels must still be kept at a maximum of 0.3% as stated in the Farm Bill of 2014. CBD products low in THC are not regulated and are therefore sold over the counter and online. However, possession of marijuana for other recreational use is a federal offence.
Is CBD oil legal in Massachusetts?
Massachusetts laid down its signed regulations on medical cannabis in 2013. In 2016, THC rich CBD oil was also made legal for adult use adding the state to the list of states where cannabis is fully legal for adult use. However, hemp derived CBD oil is also easy to find if one does not desire to experience the psychoactive effects of THC. Later in 2017, the government passed a law to allow hemp pilot programs for industrial purposes.
Is CBD oil legal in Michigan?
Michigan was the first Midwestern state to join in the legalization of cultivation, retail and adult use of marijuana. This makes cannabis products which concentration of THC higher than 0,3% still legal. The medical aspect of CBD oil had been introduced earlier in the state in 2008. The state also possesses industrial hemp pilot programs, meaning CBD Oil with low THC concentration is also available.
Is CBD oil legal in Minnesota?
CBD oil derived only from the hemp plant, containing at most 0.3% of THC or less is legally sold across the state of Minnesota. Medical cannabis was approved in the state in 2014, and Industrial programs were introduced in 2016.
Is CBD oil legal in Mississippi?
Hemp-derived CBD Oil containing less than 0,3% of THC is legal for consumption in Mississippi under Federal Law. However, the Harper Grace Law HB 1231 4 was passed in 2014, allowing the use of cannabis oil for patients who had epilepsy. CBD has to be at lead 15% of the product and THC must be no more than 0.5%. In 2017, the law was extended to include patients who suffered from other medical conditions such as seizures
Is CBD oil legal in Missouri?
Missouri’s laws allowed the production and use of CBD products obtained from the hemp plant with a THC level of less than 0.3% and at least 5% CBD for patients suffering from a seizure disorder with a written neurologist certification only. Therefore, CBD oil is technically only legal for medical reasons. This law is, however, in conflict with federal legislation, which allows CBD wich less than 0,3% of THC to be legally consumed nationwide. Therefore, a lot of people without seizure-related conditions are choosing to purchase CBD products regardless.
Is CBD oil legal in Montana?
Montana launched medical research on CBD oil in 2004 allowing CBD oil to be used for medical purposes. Several years and referendums later, this is the current situation: The consumption of CBD Oil with less than 0,3% THC is legal as per the 2014 Farm Bill. Nevertheless, CBD products with a higher percentage of THC may still be obtained under specific restrictions. In 2016, hemp pilot programs were introduced in the state. The state follows the 2018 Farm Bill in its laws about CBD oil.
Is CBD oil legal in Nebraska?
The legal state of CBD oil in Nebraska remains unclear to this day. Under Federal Law, CBD products derived from the hemp plant, containing less than 0,3% of THC are legally allowed to be consumed throughout the USA unless otherwise enforced by State laws. Nevertheless, the state of Nebraska is not exactly CBD friendly and only recognizes CBD oil distributed from the state’s University Medical Center for patients enrolled in the Medical Pilot Study as legal. Furthermore, Nebraska’s Department of Justice insists that all cannabis extracts, including CBD, are still a Schedule 1 controlled substance, therefore cannot be obtained freely. The attorney general of Nebraska insists that CBD oil could only be legal if it is approved by the FDA.
Is CBD oil legal in Nevada?
Nevada legalized the use of CBD oil for medical use in 2000 and later on in 2016, made it legal for adult use. As of now, all types of CBD products (even such containing more than 0,3% THC) can be purchased. Nevertheless, CBD Oil and other products with a higher amount of THC should be consumed in private. In the same year, a hemp pilot program for industrial research was launched in the state.
Is CBD oil legal in New Hampshire?
In New Hampshire, there are cannabis programs for both medical and industrial research. Medical cannabis was introduced in 2013, while the industrial hemp pilot program was introduced in 2016. As per the 2014 Farm Bill, CBD products containing less than 0,3% THC can be legally consumed in New Hampshire.
Is CBD oil legal in New Jersey?
New Jersey laws only allow the use of cannabis for medical purposes under limited circumstances. Medicinal cannabis in the state was approved in 2009 under SB 119. The state has no industrial hemp pilot programs yet and possession of marijuana in a Federal offense. Nevertheless, the consumption of low-THC CBD products is legal.
Is CBD oil legal in New Mexico?
New Mexico has both industrial (approved in 2017) and medical (since 2007) cannabis programs. CBD oil is legal as long as it follows the 2018 Farm Bill.
Is CBD oil legal in New York?
In the big state of New York, CBD oil is sold widely and also approved for its use as an additive in foods and drinks. The state has both programs for medical cannabis and industrial hemp pilot, making the consumption of CBD oil with less than 0,3% THC legal.
Is CBD oil legal in North Carolina?
In North Carolina laws do not have clear guidelines for the use of CBD oil. However, the state approves its use for the treatment of seizure-related conditions. North Carolina has a zero tolerance policy about possessing and consuming marijuana. There is a friction between the state law and the federal law regarding CBD, but CBD oil products are sold throughout the state, despite the state’s enforcement on the issue.
Is CBD oil legal in North Dakota?
North Dakota has programs that have permitted the use of cannabis for medical purposes, in addition to an industrial hemp pilot program. Hemp-derived CBD Oil, containing less than 0,3% of THC can be legally consumed in North Dakota, as per no existing opposition to the Federal law
Is CBD oil legal in Ohio?
As of July 2019, the state of Ohio officially approved Senate Bill 57, allowing farmers to plant hemp and shops – to sell hemp-derived CBD products.
Is CBD oil legal in Oklahoma?
CBD law in Oklahoma follows the 2018 Farm Bill and allow full use of CBD Oil containing less than 0,3% THC. The state permitted minors who had severe epileptic conditions to be given CBD oil products as a remedy in 2015. There are a few CBD only shops and stores in the state.
Is CBD oil legal in Oregon?
Oregon joined the list for US states that have legalized Cannabis for adult use in 2014. Having said that, yes, CBD oil is legal in the Beaver State, both containing below and above 0,3% of THC. Medical marijuana has been a program in the state since 2007, and an industrial hemp program was introduced in 2016.
Is CBD oil legal in Pennsylvania?
The Pennsylvania medical cannabis law was passed in 2016, allowing the use of marijuana for medical purposes. Special registered patients in the state are covered under the law to allow them to possess and use medical cannabis. Therefore, it is possible to obtain CBD oil containing more than 0,3% of THC. Nevertheless, under the Farm Bill, the consumption of CBD Oil which contains less than 0,3% of THC is legal and can be obtained without a special license.
Is CBD oil legal in Rhode Island?
Rhode Island is another state where cannabis products are only permitted for medical purposes. Autism patients have been looking forward to being granted a go-ahead to use THC rich cannabis products to help manage the disorder since 2009. Nevertheless, CBD Oil contains less than 0,3% THC is permitted to use without the need for a prescription under the Farm Bill.
Is CBD oil legal in South Carolina?
South Carolina’s laws protect patients with severe epilepsy cases for the possession and use of medical cannabis. The law has also legalized the use of CBD oil products as long as the THC levels in the products are 0.3% or less. Julian’s law or the Medical Cannabis Therapeutic Treatment Act was passed in 2014.
Is CBD oil legal in South Dakota?
In South Dakota, the law is very confusing on matters concerning the possession and use of CBD. Although CBD was removed from marijuana definition in 2017, and the Legislature also defeated the bill to legalize industrial hemp in 2019, which clearly legalized CBD oil in the state, North Dakota is still not deemed as CBD friendly. Nonetheless, the above-mentioned changes in the law have left a “gap” 5 for people to freely interpret the legality of CBD oil. As long as CBD products do not contain more than 0,3% of THC, they are technically legal in the state of North Dakota, this, however, does not stop the local forces to arrest and fine citizens for its possession, under the suspicion of its consistency.
Is CBD oil legal in Tennessee?
Tennessee has embraced the use of CBD oil with higher than 0.3% potency of THC for medical purposes only. Nonetheless, in 2017, the legislature enacted HB 1164, which modified Tennessee’s industrial hemp law, making the production of hemp products, including hemp-derived CBD oil with lower than 0,3% THC consistency legal to buy and use.
Is CBD oil legal in Texas?
In Texas, the state government has recently been asked to give clear outlines of the law’s standing in the legalization of CBD oil products. Although THC is an illegal substance, the city’s attorney, Edinburg wrote a letter to the Attorney General of Texas wanting to find out the state’s standing within the CBD laws talks. According to the letter from the city’s attorney is that CBD Oil is legal as long as it contains a 0.3 or less percent of THC, otherwise it is termed as illegal in Texas until further discussions are held concerning the matter.
Is CBD oil legal Utah?
The CBD Oil Utah law as per the Hemp and Cannabidiol Act was passed in 2018. This legalized the possession and use of CBD oil products in the state as long as the products are free from other harmful ingredients and are clearly labeled. Medical cannabis can also be obtained under certain conditions and a medical card. Nonetheless, consuming CBD Oil with less than 0,3% of THC remains completely legal. It is, however, important to note that all CBD products available on the market must first be approved by the state. CBD Manufacturers must send samples to a state lab for analysis.
Is CBD oil legal in Vermont?
Vermont is a state where CBD products are legal for both medical and adult use since 2018. The state introduced CBD medical research programs in the same year. Hemp-derived CBD Oil can be purchased and consumed freely, as long as it contains less than 0,3% of THC.
Is CBD oil legal Virginia?
In Virginia, similarly to many other states, CBD Oil extracted from the hemp plant is legal for consumption, as long as it contains no more than 0,3% of THC. Nevertheless, other THC rich products have to follow specific guidelines in order to be deemed legal and safe for medical use – these need to include 15% CBD and up to 5% THC.
Is CBD oil legal in Washington?
As per Initiative 502 6 , marijuana and its other derivatives were officially legalized in 2012. When it comes to CBD hemp oil, its use has been legal since 2014 as per the Farm Bill of the same year. The bill was later further strengthened after the passing of the Senate Bill 6206 7 , allowing the consumption and possession of hemp products throughout the state of Washington. In summary, all hemp-derived CBD Oil, as well as THC rich products are legal to consume in Washington state.
Is CBD oil legal in West Virginia?
West Virginia laws legalized medical marijuana in 2017, though clinics were set to start their operations in 2019. Ones these clinics are up and running, only selected residents will be able to access cannabis oil products since the law only allows patients with qualified medical issues to be enrolled in the program. Hemp CBD oils, however, remain legal under the Farm Bill.
Is CBD oil legal Wisconsin?
After the 2018 Farm Bill was passed, farmers were allowed to plant hemp plants only in line with the bill, making CBD Oil with lower than 0,3% THC consistency to be legally manufactured and sold. It is worth noting that the industrial hemp industry in the state of Wisconsin is thriving and farmers are protected from criminal prosecution as long as they follow the guidelines of the Farm Bill
Is CBD oil legal in Wyoming?
As of March 2019, Wyoming Governor Mark Gordon officially legalized hemp 8 and hemp-derived CBD Oils, making them legal to consume without medical permission.
Is CBD oil legal in Washington DC?
The capital of the United States legalized the use of CBD oil with less than 0,3% THC for both medical and adult use in 2014. Adults are also permitted to have and gift each other with CBD oil products only they are not allowed to buy or sell them. The laws in Washington do not regulate CBD obtained from industrial hemp.
Read more about the laws on CBD in Washington DC.
Cannabidiol in the United States
Trends and Usage: CBD oil is quickly finding its way into the market and the products being made out of the oil or at least with a little portion of it keep increasing with time. From food to medicine and even hair and beauty products, manufacturers want to make the most of the oil so long as it shows some positive outcome. In the US, people generally divide CBD Oil into two categories – cannabis-derived CBD and hemp-derived CBD.
The main difference between the two is that Cannabis Oil contains high amounts of THC, generally making it illegal in states where cannabis is not permitted for free use. Hemp-derived CBD oil, however, contains only up to 0,3% THC, making it legal nationwide, unless enforced otherwise by the State law.
Pets are also becoming great consumers of CBD products. Statistics from Brightfield Group 9 show that pet products could go to a net worth of close to $1.16 billion by 2022. Owners seek to relieve stress and anxiety from their beloved pets by giving them pet food mixed with CBD.
CBD oil is becoming more acceptable among the people of the US, however, it’s legality is still questioned in some states.
Political Influence: As of December 2018, the new government of Mexico had been planning to legalize the use of cannabis for recreation purposes. This was not surprising given Washington voters in 2012 had voted for the legalization of the CBD with Colorado leading the way in the legalization of cannabis.
When Barack Obama, a Democrat, was the president of the United States, he openly criticized the US-led war against drugs. Consequently, this led to states being given the go-ahead to explore their options. As of December 2018, 33 states had decriminalized the use of most CBD products. This, unfortunately, did not make CBD legal in all 50 states.
With President Donald Trump coming into power and signing the 2018 Farm Bill, it does not look like the either of the two major political parties disagree when it comes to deciding on whether or not cannabis should be legal in the United States.
Moreover, many non-profit organizations and initiatives, such as the Equity First Initiative, have made it their missing to educate about the use of CBD and cannabis and advocate for its legalisation nationwide.
The 2018 Farm Bill
The Farm Bill was a bill that aimed at focusing on the agricultural and farm benefits in the production of the nutritional product. However, the 2018 Farm Bill 10 was a bit different. This is because it would mean a turnaround in the production of cannabis, majorly looking at the legalization of the planting of the hemp plant.
Mitch McConnell, the leader of the majority in the Senate, highly supported the bill, making it an open conversation in the US. According to the bill, the hemp plant is no longer only allowed to be planted in small piloted schemes but now can be planted broadly across the country. In addition to the legalization of the planting of the hemp plant, selling and transportation of its products across different states has no restrictions as long as the production of the goods is done within the stipulation of the law.
As much as the 2018 Farm Bill loosened some restriction, the plant still needs to be monitored in terms of what percentage of THC is contained in it. If the hemp plant exceeds 0.3% of THC, it is no longer termed as hemp but cannabis, making it illegal. Also, anyone who wants to cultivate the hemp plant must have a federal law license.
Comparison between the CBD trends in the US vs Europe
In Europe, CBD possesses the same comments and concerns as in the US. In both nations, CBD is legal within certain limits. For example, in the UK, you cannot possess or sell CBD if it is not within the criteria highlighted in the Misuse of Drugs Regulations 2001.
As of the first of November, it will be legal for any doctor to prescribe medical cannabis and CBD products to a patient without having to go through aboard for approval. This will be effective in Wales, Scotland, and England. In both the US and the UK consumers of products made with CBD keep increasing with over half the percentage in revenues. This means that the people are accepting and appreciating having CBD products in the market.
Now that we have all the foundational information clear, we can now look at the legal situation regarding CBD in all 50 states of the US. In this comparison, we will focus more on the legality status of hemp-derived CBD products.
CBD is rapidly gaining popularity. Many people still wonder if CBD is legal in all 50 states. Read our detailed guide to find out!