Is CBD Legal? Legal Status of CBD in All 50 States
By now, CBD’s popularity has grown exponentially in the United States and throughout the world. And it continues to grow in popularity, as about 14 percent of Americans consider themselves hemp users who take CBD on a frequent basis. As the industry keeps evolving, we’re finding more ways to experience cannabidiol and other hemp compounds on our terms and in a highly personalized manner.
Yet, even as the industry is more popular than ever before, there are still a lot of people who are confused by it. Many people still don’t know whether or not cannabidiol is legal. It’s hard to blame them. In the last century, our country has had a complicated legal relationship with cannabis, so it’s only natural that law-abiding citizens may be hesitant to give hemp a whirl out of fear of legal penalty.
If you’re one of the people who doesn’t know whether or not CBD is legal, keep reading below.
What is CBD?
First, let’s explain what CBD is for those who still aren’t sure. CBD, or cannabidiol, is the dominant chemical compound present in the hemp plant. The hemp plant belongs to the cannabis genus, which is also where marijuana comes from.
CBD is extracted from the hemp plant and used to formulate a wide range of products. The reason for cannabidiol’s immense popularity is because of its unique properties that come from the role it plays in supporting the body’s endocannabinoid system. The body’s endocannabinoid system consists of cannabinoid receptors that are located in just about every system of the human body, and that use CBD to regulate important bodily processes.
It’s important to note that hemp is not a psychoactive plant, and neither is cannabidiol in an isolated form. Marijuana, however, is psychoactive because it contains about 15% to 25% THC, or tetrahydrocannabinol, which is the compound that causes users to feel high. Hemp only has about 0.3% THC that is naturally occurring in the plant material, and therefore will not cause mind-altering effects, even in high doses.
What’s the Difference Between Hemp and Marijuana?
While CBD is a basic component of medical marijuana, it is pulled from the hemp plant, the cousin of the marijuana plant.
Although marijuana and hemp are both members of the cannabis family, their chemical frameworks are notably different. The key disparity is the amount of THC that they contain. This is an important distinction to note because it is the THC that determines whether a product is legal or not in the USA.
THC (Tetrahydrocannabinol) is the key psychoactive element of the cannabis plant, and the main agent responsible for the stimulating high associated with recreational cannabis use.
Hemp
Hemp is a cannabis sativa variety that naturally contains 0.3% or less THC. If a cannabis variety produces over that amount of THC, it is then classified as a marijuana plant. Ever since the 2018 Farm Bill, hemp has been legal to buy and sell throughout the United States because it was removed from controlled substances act as a schedule I drug. Thanks to the bill, hemp can be legally grown on farms throughout the United States. Interestingly, supplement companies also have access to hemp as a source of nutrition for their products. However, the Food and Drug Administration, or FDA, must regulate this as it is considered a nutritional supplement.
Marijuana
When most people hear the word cannabis, they immediately think of marijuana. The marijuana plant is a form of Cannabis Sativa that contains medium to high levels of tetrahydrocannabinol, or THC, one of the main compounds in the cannabis plant that evokes a euphoric “high” sensation when taken in large quantities. In the United States, marijuana is considered a Schedule I drug, therefore, unless you are living in a state with medicinal or recreational marijuana laws on its books, it’s illegal to possess and use marijuana and any products created from it.
Is CBD Legal?
We know that cannabis has been a confusing issue in this country for a long time, with different states having their own laws, and with a long history of changing legal statuses. Up until 2014, hemp was classified as an illegal substance because cannabis as a whole was criminalized decades ago. This meant that whether a person had hemp or marijuana — two varieties of the cannabis plant, they would be subject to legal penalty.
Then in 2014, the United States passed a law legalizing hemp cultivation among farmers throughout the country, as long as the farm was registered with the USDA, and as long as the hemp was grown for research purposes. This allowed hemp farmers to finally grow their crops in a lawful manner.
During this time, a lot of research on CBD and other hemp compounds finally took place. This allowed us to learn a great deal about the unique potential of cannabinoids, so the popularity of CBD began to grow. At last, in 2018, the United States passed the Farm Bill, which completely decriminalized the hemp plant and all of its derivatives.
According to the Farm Bill, hemp products are legal as long as they are tested to show that they contain no more than 0.3% THC. As previously stated, only about that amount occurs naturally in hemp anyway. The law also stated that all individual isolated cannabinoids, with the exception of THC, are legal.
But as you know, states have the right to create their own laws, which is why some states decided to restrict CBD or certain CBD products, while other states have simply chosen to adhere to federal law. Furthermore, some states allow recreational marijuana use, and therefore place no restrictions on cannabis or THC levels in general.
Also, keep in mind that if you live in a state where medical marijuana is legal, you can legally buy products that have a higher concentration of THC from a licensed dispensary as long as you have a medical marijuana card.
The Farm Bill
The cannabis plant has had a prolonged and difficult legal history in the United States, but as time is passing, more people are uncovering the medicinal benefits of hemp-derived CBD products and consequently, many legislations and laws are being revoked or amended.
The Farm Bill, instigated in 2014, enabled authorized universities and state agriculture departments to grow and study hemp under restricted conditions. The New Farm Bill was passed in 2018 (also known as the Agriculture Improvement Act of 2018) which saw hemp being removed from the controlled substances list and many former constraints being abolished.
Legal Status of CBD in All 50 States
The list of following states has honored the Farm Bill since its inception which means you are free to purchase, possess, and use hemp-derived products freely, with no restrictions.
- Alaska
- Colorado
- Illinois
- Maine
- Michigan
- Nevada
- Oregon
- Washington D.C.
- Vermont
- Washington
- Conditionally Legal States
In all conditionally legal states, you may find it harder to buy hemp-derived products locally. Most of these states are currently stuck in a legal grey area whilst they implement or adapt to their ongoing change of law.
These states allow residents to buy hemp-derived CBD products but there are some stipulations.
Alabama
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Legal
Marijuana-sourced CBD for recreational use: Illegal
Arizona
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Unclear
Marijuana-sourced CBD for recreational use: Illegal
Arkansas
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Legal
Marijuana-sourced CBD for recreational use: Illegal
California | Los Angeles
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Legal
Marijuana-sourced CBD for recreational use: Legal
The stipulation here is that the California Department of Health prohibits CBD from being used in any food products (including pet food) unless it has been approved by the FDA.
Connecticut
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Legal
Marijuana-sourced CBD for recreational use: Illegal
Delaware
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Legal
Marijuana-sourced CBD for recreational use: Illegal
Florida
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Legal
Marijuana-sourced CBD for recreational use: Illegal
Georgia
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Legal
Marijuana-sourced CBD for recreational use: Illegal
Hawaii
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Legal
Marijuana-sourced CBD for recreational use: Illegal
Hemp-sourced CBD: Illegal
Marijuana-sourced CBD for medical use only: Illegal
Marijuana-sourced CBD for recreational use: Illegal
Indiana
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Illegal
Marijuana-sourced CBD for recreational use: Illegal
Iowa
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Legal
Marijuana-sourced CBD for recreational use: Illegal
Kansas
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Illegal
Marijuana-sourced CBD for recreational use: Illegal
Kentucky
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Illegal
Marijuana-sourced CBD for recreational use: Illegal
Louisiana
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Legal
Marijuana-sourced CBD for recreational use: Illegal
Maryland
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Legal
Marijuana-sourced CBD for recreational use: Illegal
Massachusetts
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Legal
Marijuana-sourced CBD for recreational use: Legal
Minnesota
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Legal
Marijuana-sourced CBD for recreational use: Illegal
Mississippi
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Illegal
Marijuana-sourced CBD for recreational use: Illegal
Missouri
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Legal
Marijuana-sourced CBD for recreational use: Illegal
Montana
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Legal
Marijuana-sourced CBD for recreational use: Illegal
Nebraska
Hemp-sourced CBD: Illegal
Marijuana-sourced CBD for medical use only: Illegal
Marijuana-sourced CBD for recreational use: Illegal
Cannabis in all forms remains highly restricted in Nebraska. Cannabidiol continues to be defined as marijuana under Nebraska’s Uniform Controlled Substances Act. The only legal exception for CBD here is drugs that have been approved by the FDA.
New Hampshire
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Legal
Marijuana-sourced CBD for recreational use: Illegal
New Jersey
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Legal
Marijuana-sourced CBD for recreational use: Illegal
New Mexico
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Legal
Marijuana-sourced CBD for recreational use: Illegal
New York
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Legal
Marijuana-sourced CBD for recreational use: Illegal
North Dakota
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Legal
Marijuana-sourced CBD for recreational use: Illegal
Ohio
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Legal
Marijuana-sourced CBD for recreational use: Illegal
Oklahoma
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Legal
Marijuana-sourced CBD for recreational use: Illegal
Oregon
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Legal
Marijuana-sourced CBD for recreational use: Legal
Pennsylvania
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Legal
Marijuana-sourced CBD for recreational use: Illegal
Rhode Island
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Legal
Marijuana-sourced CBD for recreational use: Illegal
South Carolina
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Illegal
Marijuana-sourced CBD for recreational use: Illegal
South Dakota
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Illegal
Marijuana-sourced CBD for recreational use: Illegal
Tennessee
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Illegal
Marijuana-sourced CBD for recreational use: Illegal
Texas
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Illegal
Marijuana-sourced CBD for recreational use: Illegal
Utah
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Legal
Marijuana-sourced CBD for recreational use: Illegal
Vermont
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Legal
Marijuana-sourced CBD for recreational use: Legal
Virginia
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Legal
Marijuana-sourced CBD for recreational use: Illegal
Wisconsin
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Legal
Marijuana-sourced CBD for recreational use: Illegal
Wyoming
Hemp-sourced CBD: Legal
Marijuana-sourced CBD for medical use only: Legal
Marijuana-sourced CBD for recreational use: Illegal
The above information is accurate at the time of publication, but you should consult your state’s criminal code for the most current information on the regulation of CBD in your state.
Whilst it is important to ensure that what you are purchasing and using abides by your state laws, it is equally as vital that you know what you are ingesting or putting into your body. All FabCBD products are made from organically grown, lab certified, pure Colorado hemp and therefore you know you are using a CBD product that you can fully trust.
How Can You Make Sure That You’re Using Cannabidiol Legally?
On top of checking the above list to make sure that your state has legalized cannabidiol, there are some further steps you can take to ensure that you are using hemp legally. CBD is a relatively new market, and it’s not quite regulated yet, which means that there is always a small risk of unintentionally ending up with an illegal product. Adding to that, cannabidiol laws are subject to change both on a state and local level, so you need to be extra careful. In order to legally buy CBD while avoiding fake or poor-quality products, you should consider doing the following:
Know Your Source
Only buy your cannabidiol from a trusted source, such as a reputable hemp distribution company, or directly from a known manufacturer. We do not recommend ever buying CBD from a convenience store or gas station, as the managers of these stores are less likely to research a product before putting it on their shelves or could be unsure of how to maintain high standards of quality when it comes to the cannabidiol that they sell. We also don’t recommend buying hemp goods from Amazon, as you will most likely be buying a hemp seed oil product that doesn’t contain any CBD at all. Moreover, when buying CBD, you may also want to purchase it from a reputable brand online instead of at a physical location. In going with a well-known online brand, you can take the time to research the brand, its products, and anything else that you want to know. You won’t be afforded the time to do this when shopping for CBD at a brick-and-mortar location.
Look at Lab Reports
Any legitimate company has all of its hemp tested by a third-party lab. This is the way in which the industry regulates itself and maintains high standards for production. These lab reports will give you an unbiased breakdown of the chemical compounds in the formula and will allow you to clearly see how much THC was shown to be found in the hemp extract used. Lab reports thoroughly detail both the potency and the purity of a product, so consumers will know exactly what’s in a product before they buy it.
Research a Company
Always research a company before buying from them to make sure that they manufacture cannabidiol products in a safe and legal manner. This is one of the reasons why we suggest shopping for CBD from a reputable brand online over purchasing products from a physical CBD store.
Check Your Local Laws Regularly
It’s important to be aware of the laws relating to hemp in your area. Check with state laws, county laws, and town laws, as legislators can choose to change the law regarding hemp at any given time. Some states enforce hemp laws more than others, but you should still be careful that you don’t end up at risk of legal penalty.
Final Thoughts
In almost every state, using cannabidiol is completely legal, which is good news for the majority of Americans who want to start using CBD to see what it can do for them. Still, it’s always important to check with your local government to see what the law currently says, and to make sure that you research both the brand and its products before buying it to ensure that it does indeed come from hemp rather than marijuana and contains no more than 0.3% THC. A great rule of thumb is to not be in a rush to buy CBD. Rather, take all the time you need to research brands, products, and CBD in general so that you can go into the buying experience as an educated and well-versed consumer.
Even though CBD is available in all 50 states, it is only to some varying degrees. While some people can easily find CBD products in stores legally, others may have a hard time finding products in states where people need medical cards to purchase them. Your best bet to easily find top-quality CBD is to shop for it online from a well-known and reputable brand and then have your order sent to your home or office. In the future, laws will always change and evolve in both state and federal government when it comes to CBD, therefore, it’s best to keep abreast of any and all changes that could impact how you buy, use, or sell CBD products.
