Although CBD is technically federally legal, unfortunately, the laws surrounding this cannabinoid are a bit complex.
Keep reading for a rundown of CBD legality on a state-by-state basis.
What is CBD?
Benefits of CBD
CBD is a mood booster and is known for creating a relaxed, peaceful feeling in its users. Many users also find CBD an effective treatment for:
- Pain
- Nausea
- Stress
- Anxiety
- Migraines
- Depression
CBD can be ingested or used topically for both skincare and medicinal purposes. In recent studies, CBD has shown promise as a treatment for epilepsy, Parkinson’s Disease, PTSD, and others, although more research is required in these areas.
What is THC?
Tetrahydrocannabinol or THC is the primary psychoactive compound found in the cannabis plant. This cannabinoid is what gives users the typical “high” associated with marijuana products. Delta 9 is often referred to simply as THC, as opposed to delta 8 or delta 10 which are discussed using their full names to avoid confusion. Delta 9 is currently federally illegal in most states in the U.S.
What Makes CBD Different From THC?
The biggest thing that sets CBD apart from THC, or Tetrahydrocannabinol, is the fact that CBD isn’t psychoactive, meaning that CBD won’t give you the same “high” feeling that THC products do. However, that doesn’t mean that CBD is less useful than THC. CBD has a myriad of medicinal benefits that users can experience without the anxiety and heart palpitations commonly associated with THC. While THC has many of the same medicinal properties as CBD, it also gives users a psychoactive experience that may not be ideal for everyone.
CBD Laws by State
Laws surrounding hemp and marijuana products in the United States are complex, and while some states have legalized all CBD for any use, some states are more strict. This list is an overview of the legal status of CBD in each state as of January 2020.
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 |
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 |
How is CBD Legal?
How is CBD legal at all? Well, It all comes down to the 2018 Farm Bill, also known as the Agriculture Improvement Act of 2018. This bill changed the legal classification of hemp from a controlled substance to an agricultural commodity and made it so that any cannabis derivative containing less than 0.3% delta 9 THC would no longer be defined as marijuana in regards to the controlled substances act, effectively legalizing CBD.
Why is CBD Illegal in Some States?
As shown above, the laws surrounding CBD vary state-by-state depending on the source of the CBD, as well as its intended use. You may have noticed that CBD is highly restricted in Idaho, Nebraska, and South Dakota, and its status is still unsettled within these states. This is because the 2018 Farm Bill gave states the ability to oversee the production of hemp, also giving them the opportunity to restrict it. States like California and Colorado that enjoy legalized recreational marijuana also have the most relaxed regulations surrounding CBD.
Elyxr’s CBD Products
Elyxr’s line of CBD products is a great way to incorporate CBD into your day-to-day life. With our Live Resin CBD Dabs, CBD Flower, and CBD Tincture, you have a choice in how you consume your CBD for migraine relief or a mood boost. Feel like you’re at the spa every day with our CBD Pain Relief Gel, CBD Body Scrub, and CBD Bath Bombs, great for relieving topical pain and helping you to relax. With Elyxr, you never have to wonder what is in your CBD products, because all the information is included in our COAs, also known as lab reports.
Sources
- Hemp-Derived Cannabidiol (CBD) and Related Hemp Extracts. Congressional Research Service. Accessed 5/5/2022.
- Drug Scheduling. United States Drug Enforcement Administration. Accessed 5/5/2022.
- Hemp Production and the 2018 Farm Bill. U.S. Food & Drug Administration. Accessed 5/5/2022.
- Is CBD Legal?. FindLaw. Accessed 5/5/2022.