Is CBD Legal in Your State?

In the United States, the laws governing cannabis and CBD are changing fast. Now any adult can order CBD online and have it shipped to their home.

But is it really legal?

The laws can be confusing, and they’re different for every state. But it’s important to stay informed. Here’s a rundown of the CBD laws in all 50 states.

Cannabis, Hemp, and Marijuana: What’s the Difference?

When deciphering CBD laws in the United States, it’s important to keep your terminology straight. That’s because the source of your CBD can determine whether it’s legal or illegal in your state. Let’s define some terms so we can better understand U.S. CBD laws.

Cannabis

Doctors, medical staff, and researchers are the most likely to use the term cannabis. Cannabis is the Latin name for the actual plant species. It refers to two different plants, Cannabis sativa and Cannabis indica.

If you’re familiar with cannabis, you know that there are more sativa, indica, and hybrid strains that you can count. White widow, Sour Diesel, Trainwreck, OG Kush, and many, many more.

Same Plant, Different Strains

You can think of different cannabis strains like different dog breeds. All dogs belong to the same species, Canis familiaris. But they’ve been bred for different purposes.

In the same vein, many cannabis strains belong to the same species, Cannabis sativa, with the except of indica strains. Similar to dogs, different cannabis strains were bred for different purposes.

Hemp is also a Cannabis sativa strain. It was bred for its fast-growing fibrous stalks that can be used to make everything from clothing and paper to insulation and biofuels.

On the other hand, Cannabis sativa strains that people use recreationally and for their therapeutic benefits were bred for their psychoactive and physiological effects.

As a result of this breeding process, hemp has very low levels of THC, the compound in cannabis that makes you feel high. Recreational and medicinal cannabis strains usually have very high levels of THC. When it comes to the THC content in hemp, it’s like comparing a chihuahua to a pitbull.

Government Categories: Hemp and Marijuana

The government has named these two categories of Cannabis sativa plants hemp and marijuana.

Under federal law, the United States government defines hemp as cannabis containing less than 0.3% THC by dry weight.

And it defines marijuana as cannabis containing more than 0.3% THC by dry weight.

But what about CBD? CBD is the compound in cannabis that balances out the effects of THC. It also has a long list of beneficial effects (see ‘Mounting Evidence for CBD’ below).

Although hemp doesn’t have much THC, it has relatively high levels of CBD. In contrast, marijuana has relatively low levels of CBD.

The Rise of CBD

In recent years, CBD has gained quite a bit of popularity. That’s because it has numerous therapeutic benefits without the intoxicating effects of THC. Let’s take a quick look at how CBD went from de facto Schedule I substance to a key ingredient in an FDA-approved medication.

The Controlled Substances Act

In 1970, Congress enacted the Controlled Substances Act. This bill kicked off the war on drugs in the United States. Cannabis was a primary target.

Under the Controlled Substances Act, cannabis became a Schedule I drug. This means that the plant was considered to have a high potential for abuse and no medical benefit.

Unfortunately, the new law didn’t distinguish between the different types of cannabis. As a result, hemp was lumped in with marijuana and also became a Schedule I drug.

Mounting Evidence for CBD

Despite its Schedule I classification, researchers continued to study the effects of cannabis and its different components including CBD. With more and more evidence emerging, CBD is now considered a beneficial treatment for many different ailments, including anxiety, multiple sclerosis, and alcohol use disorder.

CBD has also proven to be effective for treating severe seizures. In 2018, the FDA made history when it approved the first cannabis-based drug, Epidiolex, which contains CBD oil. The FDA approved the drug for treating Lennox-Gastaut syndrome and Dravet syndrome, two rare and extreme forms of epilepsy.

Hemp Becomes Legal Again

The demand for CBD was starting to reach a tipping point. However, the cannabis-derived compound was still considered a Schedule I substance by the federal government. Low-THC hemp was also still illegal under federal law.

In 2014, Congress passed its annual Farm Bill, the government’s main tool for modifying agriculture and food policy each year. But this Farm Bill was different.

It contained a provision removing restrictions on industrial hemp. Under the bill, states could establish their own pilot programs to study the benefits of growing hemp.

This was a big success for hemp supporters. But the 2018 Farm Bill went even further. The bill removed hemp and hemp-derived products from its Schedule I status under the Controlled Substances Act.

As a result, CBD products produced from low-THC hemp grown by licensed farmers became legal in the United States. This opened the door for the sale of legal, hemp-based CBD around the country.

CBD Laws State by State

CBD still exists in a legal gray area. Although CBD is now federally legal, states can still pass opposing laws that ban its sale. That’s why it’s important to know the laws in your state.

We’ve outlined the CBD laws state by state for different sources—hemp vs. marijuana—and different uses—medicinal vs. recreational. Most states now tolerate the sale of CBD products for all uses as long as they are sourced from legal hemp with less than 0.3% THC.

The following table will give you a quick reference for every state’s CBD laws. Below the table, we go into greater detail about the laws of each state.

Alabama

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): ILLEGAL

The Alabama legislature tried to pass a medical marijuana bill known as the “Alabama Medical Marijuana Patients Rights Act” in 2012 and 2015, but the bill failed.

In 2014, Carly’s Law allowed researchers at the University of Alabama at Birmingham “to provide non-psychoactive CBD oil to children with debilitating seizures as a clinical study.” The law specifies the CBD oil should be non-psychoactive with a maximum percentage of 3% THC.

In 2016, the state passed Leni’s Law which expanded the number of medical conditions for which patients could use CBD.

After the passage of the 2018 Farm Bill, the Alabama State Attorney General released a public notice recognizing the legality of low-THC, hemp-based CBD in the state.

However, recreational and medical marijuana with high levels of THC are still illegal in the state.

Alaska

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): LEGAL

In 1998, Alaskans voted in favor of Measure 8 to allow for legal patient access to medical marijuana.

In 2014, Alaskans again turned out at the ballot box to vote in favor of cannabis. This time they voted to approve Measure 2, legalizing the recreational use of marijuana.

Under the 2018 Farm Bill, hemp-based CBD is legal in Alaska.

Arizona

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): ILLEGAL

In 2010, Arizona narrowly passed the Arizona Medical Marijuana Act with 50.1% of the vote. The law legalized medical marijuana, but state courts thought that marijuana-based extracts, including CBD, should not be included under the law. In May 2019, courts ruled in favor of marijuana extracts, making marijuana-based CBD legal for medicinal use.

In 2016, Arizona Proposition 205 to legalize recreational marijuana failed to pass with 48.7% of the vote. Recreational marijuana remains illegal in Arizona. However, hemp-based CBD is legal for recreational and medicinal purposes under the 2018 Farm Bill.

Arkansas

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): ILLEGAL

Arkansas passed the Arkansas Medical Marijuana Amendment in 2016. This made medical marijuana legal in the state. With the 2018 passage of the Farm Bill, hemp-based CBD also became legal in Arkansas. However, recreational marijuana remains illegal.

California

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): LEGAL

Californians approved medical marijuana with the passage of Prop 215, known as the Compassionate Use Act, back in 1996.

In 2016, Californians voted to legalize recreational marijuana with Prop 64. As a result, all forms of CBD are legal in California However, the California Department of Public Health does not allow CBD in food products.

Colorado

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): LEGAL

Colorado legalized medical marijuana in 2000. In 2010, the state government passed updates to the original legislation, expanding its medical marijuana program.

In 2012, Colorado voters legalized recreational marijuana with the passage of SB 40. The law made marijuana-based CBD legal for recreational use. With relatively liberal cannabis laws, all forms of CBD are legal in Colorado.

Connecticut

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): ILLEGAL

Connecticut passed legislation to legalize medical marijuana and medical marijuana-based CBD in 2012 with HB 5389.

Recreational marijuana is decriminalized but still illegal in Connecticut. Hemp-based CBD is legal in the state under the 2018 federal Farm Bill.

Delaware

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): ILLEGAL

Delaware legalized the use of medical marijuana in 2011 with SB 17.

Delaware decriminalized recreational marijuana in 2015. Lawmakers also introduced legislation to legalize recreational marijuana in 2017. Despite this progress, marijuana-based CBD for recreational use is still illegal in the state.

However, hemp-based CBD is legal in Delaware under the 2018 Farm Bill.

Florida

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): ILLEGAL

In 2014, the Florida legislature passed SB 1030 to allow the use of low THC (max 0.5%) CBD oil for medicinal use.

In 2016, Florida voters approved a more comprehensive medical marijuana program with 71% voting in support of the law.

Recreational marijuana is still illegal in Florida. But hemp-based CBD is legal in the state under the 2018 Farm Bill.

Georgia

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL (max 5% THC)
Marijuana-based CBD (Recreational): ILLEGAL

In 2015, Georgia passed legislation to allow the use of medical marijuana for certain conditions. Under state law, marijuana-based CBD is legal. But products are capped at a maximum level of 5% THC and must have a minimum 1:1 ratio of CBD to THC.

Several cities including Atlanta and Savannah have decriminalized recreational marijuana, but it is still illegal in the state. However, hemp-based CBD is legal in the state under the 2018 Farm Bill.

Hawaii

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): ILLEGAL

In 2000, Hawaii legalized medical marijuana with the passage of SB 862 HD1. It was the first state to legalize medical marijuana through the legislature instead of by voter initiative.

In 2015, the state expanded the law by creating the Medical Marijuana Dispensary Program. Recreational marijuana and marijuana-based CBD are still illegal in the state of Hawaii.

The state has proactively pursued its own industrial hemp program. In 2016, Hawaii Act 228 signed by Governor David Ige created a hemp pilot program. In 2017, the Hawaii House of Representatives expanded the pilot program with the passage of HB773.

The new bill removed criminal penalties for “planting, growing, harvesting, possessing, processing, selling, or buying” industrial hemp. As a result, hemp-based CBD is unequivocally legal in the state of Hawaii.

Idaho

Hemp-based CBD (all uses): ILLEGAL
Marijuana-based CBD (Medicinal): ILLEGAL
Marijuana-based CBD (Recreational): ILLEGAL

Idaho allows the use of FDA-approved medicinal CBD in the form of Epidiolex. However, all other forms of CBD are illegal in the state of Idaho. This includes hemp-based CBD.

Despite the legalization of hemp in the 2018 Farm Bill, Idaho has opted to place strict limitations on CBD. The state only condones CBD with 0% THC. Technically CBD isolates could be considered legal, but the majority of hemp-based CBD products don’t meet Idaho’s requirements.

Illinois

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): LEGAL

Illinois enacted the Compassionate Use of Medical Cannabis Pilot Program Act in 2013. The state expanded its medical marijuana program in 2018. With the opioid epidemic in full swing, the expansion made medical marijuana available as an alternative to opioid-based painkillers.

In 2019, Illinois lawmakers passed the Illinois Cannabis Regulation and Tax Act. The bill legalized all forms of marijuana and CBD. It was the first state marijuana legalization act to be passed by a legislative act as opposed to a voter ballot initiative.

Indiana

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): ILLEGAL
Marijuana-based CBD (Recreational): ILLEGAL

A 2015 attempt to legalize medical marijuana failed in Indiana. In 2018, the state legalized CBD for all uses. However, the law states that CBD products must contain less than 0.3% THC, making marijuana-based CBD products illegal for medicinal use.

Recreational marijuana is illegal in Indiana. However, hemp-based CBD is legal under the 2018 Farm Bill.

Iowa

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL (max 3% THC)
Marijuana-based CBD (Recreational): ILLEGAL

In 2014, Iowa lawmakers passed legislation making CBD oil legal for medicinal purposes. As part of the new law, CBD oil sold legally in the state could not contain more than 3% THC. The state expanded its program in 2017.

Hemp-based CBD is legal in Iowa under the 2018 Farm Bill and the state has not passed opposing legislation. However, Iowa police have confiscated CBD oil products from stores without confirming the CBD and THC levels.

Kansas

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): ILLEGAL
Marijuana-based CBD (Recreational): ILLEGAL

Both medical and recreational marijuana are illegal in the state of Kansas. In 2018, Kansas Governor Jeff Colyer signed SB 282 into law which legalized CBD oil.

However, the law makes no exceptions for trace amounts of THC. As a result, high THC, marijuana-based CBD is still illegal even if it’s used for medicinal purposes.

But Kansas is warming up to hemp. In 2018, the state passed its own industrial hemp pilot program. This puts the sale of hemp-based CBD with up to 0.3% THC in a legal grey area in the state. However, hemp-based CBD is legal under the 2018 Farm Bill.

Kentucky

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): ILLEGAL

In 2014, Kentucky passed SB 124 which legalized CBD derived from both hemp and marijuana. The bill didn’t create a distribution program for the state and a more comprehensive medical marijuana bill failed to pass the state legislature in 2015.

Under the Farm Bill, hemp-based CBD is legal in the state for all purposes. But recreational marijuana is still illegal in the state.

Louisiana

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): ILLEGAL

In 2015 and 2016, the Louisiana legislature passed a series of laws including SB 143, SB 271, and SB 180 which legalized medical marijuana. Recreational marijuana is still illegal in the state. But hemp-based CBD is legal under the 2018 Farm Bill.

Maine

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): LEGAL

Medical marijuana has been legal in Maine since 1998 with the passage of the Maine Medical Marijuana Act. The Maine legislature has since updated the 1998 bill several times to add new qualifying conditions and a dispensary program to the state law.

In 2016, Maine voters passed the Act to Legalize Marijuana by a narrow margin. As a result, CBD in all forms is now legal in the state of Maine.

Maryland

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): ILLEGAL

Maryland passed comprehensive medical marijuana legislation in 2014. This made marijuana-based CBD legal for medicinal use in Maryland.

In 2014, Maryland also decriminalized small amounts (less than 10 grams) of marijuana. However, recreational marijuana and marijuana-based CBD remains illegal in Maryland.

Hemp-based CBD is legal under the 2018 Farm Bill.

Massachusetts

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): LEGAL

In 2012, 63% of Massachusetts voters approved the Massachusetts Medical Marijuana Initiative and legalized medical marijuana in the state. In 2016, Massachusetts again voted in favor of cannabis. This time they approved recreational marijuana. As a result, all forms of CBD are legal in the state of Massachusetts.

Michigan

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): LEGAL

In 2008, Michigan voters approved Prop 1, the Michigan Compassionate Care Initiative. In 2018, voters approved the Michigan Regulation and Taxation of Marihuana Act which legalized marijuana in the state. Under these laws, all forms of CBD are legal in the state of Michigan.

Minnesota

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): ILLEGAL

In 2014, Minnesota passed SF 2470 which legalized medical marijuana. Despite attempts by the state legislature, recreational marijuana is still illegal in the state. Hemp-based CBD is legal in Minnesota under the 2018 Farm Bill.

Mississippi

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL (max 0.5% THC)
Marijuana-based CBD (Recreational): ILLEGAL

In 2014, Mississippi passed legislation making the medical use CBD oil legal for certain conditions like epilepsy. However, the law states that CBD oil must contain less than 0.5% THC.

Recreational marijuana remains illegal in the state. But under the Farm Bill of 2018, hemp-based CBD is legal in Mississippi.

Missouri

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): ILLEGAL

In 2018, Missouri residents voted to legalize medical marijuana. Recreational marijuana is decriminalized but still illegal in the state. Hemp-based CBD is legal in Missouri under the 2018 Farm Bill.

Montana

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): ILLEGAL

In 2004, 62% of voters in Montana approved Initiative 148 to legalize medical marijuana. Montana legislatures tried to limit the rights and access for medical marijuana patients between 2011 and 2016 which resulted in a lengthy court battle. In 2016, voters approved Initiative 182 which restored medical marijuana patient rights and expanded the state’s medical marijuana program.

Recreational marijuana remains illegal in Montana. But hemp-based CBD is legal under the 2018 Farm Bill.

Nebraska

Hemp-based CBD (all uses): ILLEGAL
Marijuana-based CBD (Medicinal): ILLEGAL
Marijuana-based CBD (Recreational): ILLEGAL

Nebraska is one of the few states that does not have a medical marijuana program. In 2015, the state legislature failed to advance LB 643, the Cannabis Compassion and Care Act.

However, the state passed LB 390 in 2015 to allow the use of CBD in severe cases of epilepsy. But with the bill set to expire in 2019, the Nebraska State Attorney General made it clear that CBD was still considered a controlled substance in the state.

Additionally, the state has also been restrictive when it comes to industrial hemp. While hemp-based CBD is federally legal under the 2018 Farm Bill, Nebraska’s attorney general and state legislature are intolerant of its sale and possession.

Nevada

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): LEGAL

Nevada voters legalized medical marijuana by ballot initiative in 2000. In 2014, the state senate passed SB 374 to expand the state’s medical marijuana program and allow for dispensaries and production facilities.

In 2016, voters approved a ballot initiative to legalize recreational marijuana in the state. The Nevada Department of Agriculture also runs an industrial hemp program. Because of its cannabis friendly legislation, all forms of CBD are legal in Nevada.

New Hampshire

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): ILLEGAL

In 2013, New Hampshire became the 19th medical marijuana state with the passage of HB 573.

The state legislature has made several attempts to legalize recreational marijuana. The most recent bill is being held in committee. However, New Hampshire Governor Chris Sununu stated he would veto the bill. While recreational marijuana is decriminalized in the state, it remains illegal.

Hemp-based CBD is legal under the 2018 Farm Bill.

New Jersey

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): ILLEGAL

In 2010, New Jersey passed SB 119, the Compassionate Use Medical Marijuana Act. Under the law, medical marijuana became legalized for certain conditions. The law has been amended several times. Most recently in 2016, AB 457 added PTSD as a qualifying condition and created a physician panel to approve additional qualifying conditions in the future.

Despite legislative efforts, recreational marijuana is still illegal in New Jersey. Under the 2018 Farm Bill, hemp-based CBD is legal in the state.

New Mexico

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): ILLEGAL

The New Mexico legislature passed SB 523 in 2007. Known as the “Lynn and Erin Compassionate Use Act,” the law legalized medical marijuana for certain qualifying conditions.

In 2019, New Mexico decriminalized recreational marijuana with SB 323. The state’s House of Representatives also passed a bill to legalize recreational marijuana. Although the bill stalled in committee, state Governor Michelle Lujan Grisham announced that she would add it to her agenda for 2020.

Until then, recreational marijuana is still illegal in New Mexico. But hemp-based CBD is legal under the 2018 Farm Bill.

New York

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): ILLEGAL

New York legalized medical marijuana in 2014 with S7923. Recreational marijuana is decriminalized in the state but remains illegal. Under the 2018 Farm Bill, hemp-based CBD is legal in New York.

North Carolina

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL (max 0.9% THC)
Marijuana-based CBD (Recreational): ILLEGAL

In 2014, North Carolina passed legislation to allow the use of CBD oil for severe cases of epilepsy. HB 766 passed in 2015 and expanded upon the first bill. Under the law, CBD must be over 5% CBD and less than 0.9% THC.

Recreational marijuana is still illegal in North Carolina. The state approved an industrial hemp program in 2017 and hemp-based CBD is legal under the 2018 Farm Bill.

North Dakota

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): ILLEGAL

In 2016, North Dakota voters approved Measure 5 which legalized medical marijuana in the state. Voters failed to approve a measure to legalize recreational marijuana in 2018. As a result, recreational marijuana is still illegal in North Dakota. Under the 2018 Farm Bill, hemp-based CBD is legal in the state.

Ohio

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): ILLEGAL

Ohio legislators legalized medical marijuana in 2016 with HB 523. The law includes 21 qualifying conditions and does not permit ingestion by smoking. Hemp-based CBD is legal in Ohio under the 2018 Farm Bill. But recreational marijuana remains illegal.

Oklahoma

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): ILLEGAL

In 2018, Oklahoma voters approved Question 788, legalizing medical marijuana in the state. However, recreational marijuana is still illegal in the state. Under the 2018 Farm Bill, hemp-based CBD is legal in Oklahoma.

Oregon

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): LEGAL

Medical marijuana has been legal in Oregon since 1998 with the passage of the Oregon Medical Marijuana Act. The state’s legislature has updated its medical marijuana program several times since the bills initial passage.

In 2014, voters approved Measure 91 which legalized recreational marijuana in the state. As a result, all forms of CBD are legal in Oregon.

Pennsylvania

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): ILLEGAL

The Pennsylvania legislature legalized medical marijuana for 17 qualifying conditions in 2016 with the passage of SB 3. The state also operates an industrial hemp program. Under the 2018 Farm Bill, hemp-based CBD is legal in Pennsylvania. But recreational marijuana is still illegal in the state.

Rhode Island

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): ILLEGAL

Rhode Island enacted the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act back in 2006, making medical marijuana legal for certain medical conditions. The state legislature has since passed additional bills to expand the state’s medical marijuana program.

Hemp-based CBD is also legal in the state under the 2018 Farm Bill. However, recreational marijuana remains illegal in Rhode Island.

South Carolina

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL (max 0.9% THC)
Marijuana-based CBD (Recreational): ILLEGAL

In 2014, South Carolina passed Julian’s Law which legalized CBD for medicinal use. Under the law, children with severe forms of epilepsy can use CBD if it’s recommended by a physician. However, the CBD must be at least 15% CBD and less than 0.9% THC.

Recreational marijuana is illegal in South Carolina. But hemp-based CBD is legal under the 2018 Farm Bill.

South Dakota

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): ILLEGAL

South Dakota does not have a medical marijuana program. Recreational marijuana is also illegal in the state.

In 2017, the South Dakota legislature passed SB 95. This bill added CBD to the Schedule IV list of controlled substances, allowing the use of the FDA-approved CBD formulation Epidiolex.

The state does not have an industrial hemp program. South Dakota’s legislature initially passed a bill criminalizing all sources of CBD aside from Epidiolex. However, the state’s Health and Human Services Committee has amended the bill to allow for hemp-based CBD without a prescription.

Tennessee

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL (max 0.9% THC)
Marijuana-based CBD (Recreational): ILLEGAL

In 2014, Tennessee legalized CBD oil for treating certain illnesses. However, CBD oil cannot contain more than 0.9% THC. Recreational marijuana remains illegal in Tennessee. Hemp-based CBD is legal under the 2018 Farm Bill.

Texas

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL (max 0.5% THC)
Marijuana-based CBD (Recreational): ILLEGAL

Texas passed SB 339 in 2015, legalizing CBD for medicinal use. Patients can only use CBD that contains less than 0.5% THC. Recreational marijuana is still illegal in Texas. Under the 2018 Farm Bill, hemp-based CBD is legal in the state.

Utah

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): ILLEGAL

In 2014, Utah passed HB 105. The bill made hemp-based CBD legal for treating severe epilepsy. In 2018, Utah voters approved the Utah Medical Cannabis Act which legalized whole plant medical marijuana.

Recreational marijuana is still illegal in the state. However, hemp-based CBD is legal under the 2018 Farm Bill.

Vermont

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): LEGAL

In 2004, Vermont legalized medical marijuana with the passage of SB 76. The state’s medical marijuana program has since been amended and expanded.

In 2018, the state legalized recreational marijuana. As a result of its liberal cannabis laws, all forms of CBD are legal in the state.

Virginia

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): ILLEGAL

In 2015, Virginia passed HB 1445 which provided protection for patients using CBD and THCA. In 2018, HB 1251 expanded upon the original bill, allowing CBD and THCA oil for any diagnosed condition.

Recreational marijuana remains illegal in Virginia. However, the state has its own industrial hemp program and hemp-based CBD is legal under the 2018 Farm Bill.

Washington

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): LEGAL

The state of Washington legalized medical marijuana in 1998 with the voter-approved ballot Initiative 692. In 2012, voters also approved Initiative 502 and legalized recreational marijuana. All forms of CBD are legal in Washington.

Washington D.C.

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): LEGAL

Voters in Washington D.C. approved the legalization of medical marijuana in 1998 with Initiative 59. In 2014, voters approved Initiative 71, legalizing recreational cannabis. As a result, all forms of CBD are legal in Washington D.C.

West Virginia

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): ILLEGAL

In 2017, West Virginia’s legislature passed SB 386, legalizing medical marijuana. Recreational marijuana remains illegal in the state. However, hemp-based CBD is legal under the 2018 Farm Bill.

Wisconsin

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): LEGAL
Marijuana-based CBD (Recreational): ILLEGAL

In 2014, Wisconsin legalized CBD oil for certain medical conditions under bill AB 726. Recreational marijuana is still illegal in the state. But under the 2018 Farm Bill, hemp-based CBD is legal.

Wyoming

Hemp-based CBD (all uses): LEGAL
Marijuana-based CBD (Medicinal): ILLEGAL
Marijuana-based CBD (Recreational): ILLEGAL

Wyoming lawmakers passed HB 32 which allows the use of CBD to treat seizure disorders. However, the bill specifies that CBD extracts can contain no more than 0.3% THC. This makes marijuana-based CBD (over 0.3%) illegal in the state. Recreational marijuana is also illegal in Wyoming. But hemp-based CBD is legal under the 2018 Farm Bill.

Conclusion

Although CBD is legal on a federal level, laws can vary wildly from state to state depending on the CBD source. Generally, most states tolerate the sale and possession of hemp-based CBD which has less than 0.3% THC and is legal on a federal level.

It’s also important to note that laws are changing quickly. Make sure to confirm information regarding CBD legality with resources from your state government.

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