CBD Legalization by State - Golden Goat

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CBD Legalization by State

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 about CBD, including what it is and if it is legal.

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 where CBD is legal 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 legality of CBD remains a point of contention among legal experts. Since CBD can be extracted from both cannabis and hemp plants, its legality 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 legal status of CBD 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.

map of cbd legalization in usa by state

CBD Legalization by State

These issues complicate determining whether CBD is legal to sell and 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 Legal Status of Hemp-Derived Products





Conditionally legal

CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions


Fully legal



Fully legal



Conditionally legal