If you live in a specific state and are curious about the legality of CBD, or if you are considering a move and want to know whether or not your destination state has accepted its use, this page is for you. The 2018 farm bill legalized hemp-based products like CBD oil, but each state has taken its own position. The descriptions on this page are summaries, based on our interpretation of the laws as of the date at the end of this article. If you want more specific information about the legality of CBD in your state, we recommend reading the legislation that your state has passed regarding its use and consulting a legal professional.
The 2018 Farm Bill
In December of 2018, Congress passed the final version of the 2018 farm bill, which legalized production of hemp in the United States. It also legalized the use and possession of hemp-derived products. “Hemp-derived” means that, for the products to be legal, they must be derived from a plant that fits the federal definition of “hemp,” which includes all cannabis plants with THC levels below 0.3% (provided they are grown and harvested according to the language of the bill). Any cannabis products that fail to satisfy the requirements of the bill fall on the federal controlled substances list, and are thus illegal, irrespective of the position that the state has taken.
CBD Laws by State
The following are summaries of each state’s CBD laws. For purposes of these summaries, “marijuana” is defined as cannabis plants with THC levels higher than 0.3%, and “hemp” is cannabis with levels of THC lower than 0.3%. Both plants are the same species. Note that this list is subject to change, and is based on the information available to us as of the date of this article.
ALABAMA
Hemp-derived CBD products are legal to purchase and use in Alabama. However, the state has no medical marijuana program, so products that come from marijuana are banned, per federal law.
ALASKA
Both hemp-derived and marijuana-derived CBD products are legal to purchase and use in Alaska.
ARIZONA
Both hemp-derived and marijuana-derived CBD products are legal to purchase and use in Arizona. However, it remains illegal to grow marijuana in Arizona.
ARKANSAS
Hemp-derived CBD products are legal to purchase and use in Arkansas. Marijuana-based products are available to those participating in the state’s medical marijuana program.
CALIFORNIA
CBD products are legal to purchase and use in California without a medical ID card, whether sourced from hemp or marijuana. However, the medical marijuana card protects users who have a prescription for treatment of a specific condition. Also, California restricts the use of hemp-derived products in food items.
COLORADO
Virtually all uses of hemp have been legalized in the state, including purchase and use of hemp-derived CBD and CBD oil. Marijuana-derived CBD is also legal for adults (21+) and those participating in the state’s medical marijuana program.
CONNECTICUT
Hemp-derived CBD products are fully legal in Connecticut. Marijuana-derived CBD is legal for those who participate in the medical marijuana program.
DELAWARE
Hemp-derived CBD products are legal to purchase and use in Delaware. Marijuana-derived CBD is legal for those who participate in the state’s medical marijuana program, which offers three different cards for its participants.
FLORIDA
Hemp-derived CBD products are legal to purchase and use in Florida. Marijuana-derived products are also available to people who have a medical marijuana card; the card is available to individuals with a qualifying medical condition.
GEORGIA
Hemp-derived CBD products are legal to purchase and use in Georgia. Marijuana-derived products (containing up to 5% THC) are also available to people who have a medical marijuana card; the card is available to individuals with a qualifying medical condition.
HAWAII
Hemp-derived CBD products are legal to purchase and use in Hawaii. However, due to the explosion in popularity, the state has had some difficulty regulating their quality. Marijuana-derived CBD is available to patients with a prescription, if they have a qualifying medical condition.
IDAHO
CBD products are legal in Idaho only if they are derived from certain parts of the hemp plant, and only if they contain zero THC. CBD products that fail to meet these requirements are treated as marijuana, which is illegal in Idaho, even for medical purposes. There are no state licensing regulations for selling CBD products, so municipalities must approve vendors for selling it.
ILLINOIS
Hemp-derived CBD products are legal to purchase and use in Illinois. Marijuana-derived products are also available to people with a medical marijuana card; the card is available to individuals with a qualifying medical condition.
INDIANA
Hemp-derived CBD products are legal to purchase and use in Indiana. However, the state has no medical marijuana program, so products that come from marijuana are banned, per federal law.
IOWA
Hemp-derived CBD products are legal to purchase and use in Iowa for those approved for the state’s medical marijuana program. Iowa still views any other product derived from hemp as a controlled substance, and marijuana-derived products outside of the program remain banned.
KANSAS
Kansas continues to treat cannabis as a controlled substance, although the governor exempted CBD from the definition of “cannabis.” Thus, CBD products are legal to purchase and use, provided that they have 0% THC. Kansas has no medical marijuana program, and due to the stringent requirements of CBD, finding quality products can be a challenge. Kansas’s legislative stance on cannabis is in need of reform.
KENTUCKY
Hemp-derived CBD products are legal to purchase and use in Kentucky. Marijuana-derived products are illegal, including for medical reasons.
LOUISIANA
Hemp-derived CBD products are legal in Louisiana. Marijuana-derived products are available for medical reasons, although the legal framework for acquiring them is inefficient.
MAINE
Both hemp-derived and marijuana-derived CBD products are legal in Maine. Food products containing them are also legal.
MARYLAND
Hemp-derived CBD products are fully legal in Maryland. Marijuana-derived CBD is legal for those who participate in the medical marijuana program, if they have a qualifying medical condition. Possession of marijuana is otherwise illegal.
MASSACHUSETTS
Both hemp-derived and marijuana-derived CBD products are legal in Massachusetts. To purchase marijuana-derived products, one must either be 21 years of age or have a doctor’s approval.
MICHIGAN
Both hemp-derived and marijuana-derived CBD products are legal in Michigan. To purchase marijuana-derived products, one must either be 21 years of age or have a doctor’s approval.
MINNESOTA
Hemp-derived CBD products are fully legal in Minnesota. Marijuana-derived CBD is legal for those who participate in the medical marijuana program.
MISSISSIPPI
Hemp-derived CBD products are legal to purchase and use in Mississippi. However, the state has no medical marijuana program, so products that come from marijuana are banned, per federal law.
MISSOURI
Missouri residents can purchase and use hemp-derived CBD products only if they have a hemp extract registration card. One must have a qualifying medical condition to apply for the card. Marijuana and its derivatives are banned.
MONTANA
Hemp-derived CBD products are fully legal in Montana. Marijuana-derived CBD is legal for those who participate in the medical marijuana program. Participation is conditional upon having a qualifying medical condition.
NEBRASKA
Hemp-derived CBD products are legal to purchase and use in Nebraska. Marijuana and its derivatives are illegal for possession and use, including for medical reasons.
NEVADA
Both hemp-derived and marijuana-derived CBD products are legal in Nevada for recreational and medical use without a prescription. However, there are certain laws restricting how cannabis can be consumed or grown.
NEW HAMPSHIRE
New Hampshire residents can purchase and use hemp-derived CBD products with no restrictions. However, although cannabis is legal for recreational and medicinal use, residents must have medical clearance for marijuana-derived CBD oil.
NEW JERSEY
Hemp-derived CBD products are fully legal in New Jersey. Marijuana-derived CBD is legal for those who participate in the state’s medical marijuana program.
NEW MEXICO
Hemp-derived CBD products are fully legal in New Mexico. Marijuana-derived CBD is legal for those who participate in the state’s medical marijuana program.
NEW YORK
Hemp-derived CBD products are legal to purchase and use in New York. Marijuana-derived products are also available to people who have a medical marijuana card; the card is available to individuals with a qualifying medical condition.
NORTH CAROLINA
Hemp-derived CBD products are legal to purchase and use in North Carolina. However, the state has no medical marijuana program, so products that come from marijuana are banned, per federal law.
NORTH DAKOTA
Hemp-derived CBD products are legal to purchase and use in North Dakota. Marijuana-derived products are also available to people with a qualifying medical condition.
OHIO
Hemp-derived CBD products are legal to purchase and use in Ohio. Marijuana-derived products are also available to people with a qualifying medical condition, if they get a written recommendation from their doctor.
OKLAHOMA
Hemp-derived CBD products are legal to purchase and use in Oklahoma. Marijuana-derived products are also available to people with a qualifying medical condition. However, the laws permitting medical marijuana use are new, and the infrastructure is not in place yet.
OREGON
Hemp and marijuana are both legal in Oregon for medicinal and recreational use. Adults (21+) can purchase marijuana-derived CBD oil from a dispensary. Hemp-derived CBD oil is available everywhere.
PENNSYLVANIA
Hemp-derived CBD products are fully legal to purchase and use in Pennsylvania. Marijuana-derived CBD is legal for those who participate in the state’s medical marijuana program. Participants obtain a medical marijuana card which grants them access to dispensaries, where they can purchase marijuana-derived CBD products.
RHODE ISLAND
Hemp-derived CBD products are fully legal to purchase and use in Rhode Island. Marijuana-derived CBD is legal for those who participate in the state’s medical marijuana program.
SOUTH CAROLINA
Hemp-derived CBD products are legal to purchase and use in South Carolina. However, the state has no medical marijuana program, so products that come from marijuana are banned, per federal law.
SOUTH DAKOTA
In South Dakota, CBD is a schedule IV controlled substance, and possession of it is illegal, despite the 2018 federal law.
TENNESSEE
Hemp-derived CBD products are legal for adults (18+) to purchase and consume in Tennessee, as long as they are less than 0.6% THC. The state also approved a study in 2019 allowing medically referred patients to acquire marijuana-based products, as long as their THC content is below 0.9%.
TEXAS
Hemp-derived CBD products are fully legal to purchase and use in Texas. Marijuana-derived CBD is legal for those who participate in the state’s medical marijuana program. However, the guidelines for admission to that program are very strict, and participants can access products with levels of THC that are no greater than 0.5%, an increase of only 0.2% over hemp-derived products.
UTAH
Hemp-derived CBD products are fully legal to purchase and use in Utah. Marijuana-derived CBD is legal for those who participate in the state’s medical marijuana program.
VERMONT
Hemp-derived CBD products are fully legal to purchase and use in Vermont. Marijuana-derived CBD is legal for those who participate in the state’s medical marijuana program. Participants must be 21, although there are certain exceptions for minors.
VIRGINIA
Hemp-derived CBD products are legal to purchase and use in Virginia. However, the state has no medical marijuana program, so products that come from marijuana are banned, per federal law.
WASHINGTON
Hemp-derived CBD products are fully legal to purchase and use in Washington. Marijuana-derived CBD is legal for those who participate in the state’s medical marijuana program.
WEST VIRGINIA
Hemp-derived CBD products are fully legal to purchase and use in West Virginia. Marijuana-derived CBD is legal for those who participate in the state’s medical marijuana program.
WISCONSIN
Hemp-derived CBD products are legal to purchase and use in Wisconsin only by individuals who obtain written permission from their doctor, and only for certain medical conditions. Marijuana-derived products are illegal.
WYOMING
Hemp-derived CBD products are completely legal to purchase and use in Wyoming. However, the state has no medical marijuana program, so products that come from marijuana are banned, per federal law.
*The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your health care professional about potential interactions or other possible complications before using any product. The Federal Food, Drug and Cosmetic Act requires this notice.
*This article was written based on the information available in 2021.