The Legality of CBD
Find out what’s legal – and where. Whether it’s your home state or someplace you’re traveling to, it’s best to be in the know and cross one off your list. Forty seven of the 50 U.S. states (and D.C.) have legalized the sale and use of hemp-derived CBD products. But some have restrictions on what kinds of CBD products can be sold. Please note: The information in this article does not constitute legal advice. CBD laws continue to evolve and you should seek the most recent information from your governing authority.
Illegal States & No Restrictions.
Illegal:
Only a couple of U.S. states have laws prohibiting the sale and use of CBD hemp products.
Idaho (shame on them)
CBD must contain 0% THC and not just less than 0.3%, and be classified as “not marijuana” under Idaho Code§ 37-2701(t).
Nebraska (shame on them)
CBD is still technically illegal in Nebraska, but hemp-derived CBD was decriminalized in May, 2019. The state removed hemp and hemp-derived products from the controlled substances list. CBD products sold in Nebraska must have less than 0.3% THC.
No Restrictions
- Alabama
- Hawaii
- Illinois
- New Jersey
- New Mexico
- New York
- North Dakota
- Ohio
- Oklahoma
- Virginia
- Wyoming
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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
These restrictions apply to recreational CBD consumers. Medical marijuana cardholders may not face the same restrictions.
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Gray Areas & Med Card Requirements
Using CBD products derived from the marijuana plant is still a murky arena when considering legal sales and use. Some states allow it without medical exemption; others require a medical exemption. Idaho, Nebraska, and South Dakota are the only states where marijuana-derived CBD is illegal.
U.S. states where you can legally purchase marijuana-derived CBD and use it for a number of medical conditions:
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Hawaii
- Kansas
- Maine
- Michigan
- Nevada
- Oregon
- Vermont
- Washington
All Remaining States Require Medical Cards for >0.3% THC