Cannabidiol (CBD) has recently moved from the wellness fringe to the mainstream. CBD is now widely available in several forms, including tinctures, capsules, gummies, and others. Despite its popularity, there is a lot of misinformation, including what it is and CBD legalization.
Where you live has a significant impact on whether or not you can legally get and use CBD. CBD is subject to federal and state rules, and understanding which of these regulations applies to you is critical to taking the cannabinoid safely and legally.
If you want to buy and utilize CBD derived from hemp plants, there are numerous states where you may do so. Learn the status of CBD legalization in the United States and about any CBD product limitations.
Please keep in mind that the material in this article is not legal advice. CBD rules constantly change, so check with your local government for the most up-to-date information.
What Is CBD, and Is It Legal?
CBD is a naturally occurring chemical compound found in cannabis Sativa, a plant species comprising cannabis and hemp plants.
While CBD will not get you high, preliminary research suggests that it may help with sleep, depression and anxiety symptoms, relieve pain, and guard against neurological illnesses.
CBD has also been linked to the prevention of seizures, prompting the Food and Drug Administration (FDA) to approve Epidiolex, a prescription drug incorporating CBD as an active component.
Despite these benefits, the CBD legalization remains a point of contention among legal experts. Since CBD can be extracted from both cannabis and hemp plants, CBD legalization is influenced by its origin. CBD obtained from cannabis is a Schedule 1 substance and is banned at the federal level.
However, CBD generated from hemp that has less than .3% THC by dry weight is not unlawful since hemp is not a restricted narcotic. Because CBD is not included in the Controlled Substances Act schedule, this distinction is known as a ‘source rule.
Furthermore, the Federal Food, Drug, and Cosmetic Act makes it illegal to market CBD products that the FDA has not authorized. “According to the Food, Medicine, and Cosmetic Act, once a material is employed as an active ingredient in a new drug that has been approved or permitted for clinical studies, food and drinks containing that component cannot be brought into interstate commerce.” This is referred to as the drug exclusion rule.
This implies that the FDA’s clearance of Epidiolex precludes producing and selling any CBD-containing food or beverage. This feature complicates matters further because CBD is often used in meals and beverages such as lattes and juices. This is why the federal status of CBD legalization is determined by the kind of product and the supplier.
2018 Farm Bill
Also known as the Agriculture Improvement Act, the 2018 Farm Bill was signed into law in 2018. The 2018 Farm Bill includes hemp cannabis plants for the first time. It essentially made industrial hemp growth, manufacturing, and sale lawful and controlled on a federal level.
When this shift occurred, firms marketing CBD-infused goods rejoiced since hemp farmers could legally extract CBD from their plants for ingestible uses. But, their optimism was premature because of the drug exclusion clause, which was already in existence owing to the FDA’s approval of Epidiolex.
CBD Legalization by State
These issues complicate determining whether CBD legalization is permitted to sell according to the regulations governing CBD possession and usage. It all boils down to the state you live in, as various states have varied CBD rules.
CBD made from hemp is legal at the federal level, but it is illegal to use or have any cannabis product in some places. Other states only permit CBD usage for medicinal purposes.
State-by-State CBD Legalization Status of Hemp-Derived Products
| STATE | CBD LEGAL STATUS | ADDITIONAL DETAILS |
| Alabama | Conditionally legal | CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions |
| Alaska | Fully legal | |
| Arizona | Fully legal | |
| Arkansas | Conditionally legal | Cannabis-derived CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions |
| California | Fully legal | Hemp-derived CBD edibles are not legal in the state, but cannabis-derived CBD edibles are; doesn’t seem to be strictly enforced and legislation has been proposed to remove this restriction |
| Colorado | Fully legal | |
| Connecticut | Fully legal | |
| Delaware | Conditionally legal | Cannabis-derived CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions, though the CBD market in general is relatively unregulated in Delaware |
| District of Columbia | Fully legal | |
| Florida | Conditionally legal | Hemp-derived CBD oil only |
| Georgia | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions; must contain equal amounts of THC and CBD, and THC content cannot exceed 5% |
| Hawaii | Conditionally legal | Hemp-derived CBD oil only |
| Idaho | Conditionally legal | All varieties legal so long as there is no traceable THC content |
| Illinois | Fully legal | |
| Indiana | Conditionally legal | All varieties legal so long as they do not exceed 0.3% THC |
| Iowa | Conditionally legal | Cannabis-derived CBD oil exceeding 0.3% THC legal with medical cannabis license; list of accepted conditions is fairly restrictive |
| Kansas | Conditionally legal | All varieties legal so long as there is no traceable THC content; medical CBD oil legal with license for specific conditions, provided the THC content doesn’t exceed 5% |
| Kentucky | Conditionally legal | Hemp-derived CBD oil only |
| Louisiana | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
| Maine | Fully legal | |
| Maryland | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
| Massachusetts | Fully legal | Oil with THC content exceeding 0.3% fully legal for adults age 21 and up and for adults 18 to 20 years old with medical cannabis license |
| Michigan | Fully legal | |
| Minnesota | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
| Mississippi | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license; limited number of accepted conditions; must be obtained from University of Mississippi; cannot exceed 0.5% THC |
| Missouri | Conditionally legal | CBD oil exceeding 0.3% THC legal with medical cannabis license—no qualifying conditions |
| Montana | Fully legal | |
| Nebraska | Conditionally legal | Hemp-derived CBD oil only; cannabis is illegal even for medical purposes |
| Nevada | Fully legal | |
| New Hampshire | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
| New Jersey | Fully legal | |
| New Mexico | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
| New York | Fully legal | |
| North Carolina | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license; however, the program is limited to a very small subset of the population of study participants and patients suffering from specific conditions |
| North Dakota | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
| Ohio | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
| Oklahoma | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license—no qualifying conditions |
| Oregon | Fully legal | |
| Pennsylvania | Conditionally legal | CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions |
| Rhode Island | Conditionally legal | CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions |
| South Carolina | Conditionally legal | CBD oil exceeding 0.9% THC legal with medical cannabis license; very restrictive list of qualifying conditions |
| South Dakota | Conditionally legal | Medical and recreational cannabis products illegal; ballot measure proposed to change this ruling following a successful 2020 ballot measure that was overturned by the Supreme Court |
| Tennessee | Conditionally legal | CBD oil exceeding 0.9% THC legal with medical cannabis license; very restrictive list of qualifying conditions |
| Texas | Conditionally legal | Low-THC (up to 1%) CBD oil available for patients with qualifying conditions |
| Utah | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
| Vermont | Fully legal | |
| Virginia | Fully legal | |
| Washington | Fully legal | |
| West Virginia | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
| Wisconsin | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
| Wyoming | Conditionally legal | Hemp-derived CBD oil only |
What Is the Future of CBD Legalization Products in the United States?
CBD is now available to varying degrees in all 50 states in the US. Most residents may legally buy the supplement in stores, although locating it in some of the stricter states that require medical cards may be challenging.
As more individuals demand access to this effective and safe supplement, we anticipate that legislation will continue to change at the federal and state levels.
Already, the scene is shifting, as the FDA now regulates legal nutritional goods even though the FDA has yet to issue any formal statements supporting or opposing the sale and usage of CBD as a nutritional supplement. People are concerned that the FDA may crack down on CBD companies.
Stay tuned; we’ll keep you updated as the landscape evolves.
