Is CBD Legal?

Written By: Lex Pelger

Feb 19, 2021

Is CBD Legal?

Fans of CBD know that the 2018 Farm Bill removed hemp and its constituents from the controlled substances list. According to the US federal government, as long as a cannabis plant contains no more than 0.3% THC by dry weight, they legally consider it hemp and most thought that also meant you can make anything you want out of it. However, the Farm Bill also gave states the right to oversee their own hemp production and CBD laws. 

Each state has the right to make its own additional rules on the sale of CBD and other hemp derived products – and they do. Some banned it completely while many don’t provide clear language about where it’s prohibited or permitted. Some allow it for animal consumption. Several have imposed arduous restrictions like mandating in-state testing for CBD products or rigorous background checks on registration applicants. Burdensome labeling requirement means hemp companies need different labels for California, Colorado, Louisiana, and New York (just to name a few). It’s a waste of industry and state resources that protects no one and results in less benefit from a public health standpoint. Consumers lose. 

The answer to this patchwork of hemp laws is a unified and harmonized federal regulation. We support HR 841 – the Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2021. Read more about this piece of legislation here at the US Hemp Roundtable. As founding members of the Roundtable, we urge you to contact your congressperson and ask them to co-sponsor HR 841. Use this portal

Until then, here’s a list of the market and regulatory status* of CBD in each state for human and animal consumption. It is important to note that state laws change frequently and this blogpost should not be used as legal advice: 

Is the sale of CBD products legal in:   
Legend: 
HC – Human Consumption (in either a food, beverage, or dietary supplement) 

AC – Animal Consumption 

  • Alabama: HC - YES. AC - NO. According to the Attorney General, “CBD derived from industrial hemp, with a THC concentration of not more than .3% on a dry weight basis, can be legally produced, sold, and possessed in the State of Alabama.” You can also get marijuana-derived CBD here, but only CBD. No THC. Neither medical nor recreational marijuana is legal here (yet). ‘Til then, live out your CBD dreams in ‘bama. Your cats and dogs will have to wait their turn. 
  • Alaska: HC - YES. AC – YES. Alaska for the win! All CBD products, oil and all, are legal, and so is marijuana. And it keeps getting better – SB 27 was introduced and if passed would modify the definition of industrial hemp to align with the 2018 Farm Bill and create a registration system for hemp program participants. 
  • Arizona: HC - UNSPECIFIED. AC – UNSPECIFIED. Like many other states, there are product limitations. Arizona law excludes ingestible products from their definition of hemp products and remains silent on hemp-derived CBD in dietary supplements. As of now, these products are allowed to be made from industrial hemp: cloth, cordage, fiber, fuel, grain, paint, paper, construction materials, plastics and by-products derived from sterile hemp seed or hemp seed oil! Hemp hemp, hooray! 
  • Arkansas: HC - UNSPECIFIED. AC – UNSPECIFIED. Arkansas was actually one of the first states to legalize CBD but it’s still unclear whether you can consume CBD products. 
  • California: HC - YES. AC – NO. To an extent. Hemp-sourced CBD, as well as marijuana-sourced CBD for both medical and recreational use, is legal. However, CBD in cosmetics is permitted while CBD in dietary supplements is prohibited. Soon, things will change! SB 235 unanimously passed the Senate Agriculture Committee. The bill—and its Assembly companion, AB 45—would allow the distribution and sale of CBD as a food, beverage, and dietary supplement (subject to labeling requirements) and would make clear that a product is not adulterated or misbranded for including hemp. 
  • Colorado: HC - YES. AC – NO. Like California, Colorado has legalized CBD as well as medical and recreational marijuana.   
  • Connecticut: HC - YES. AC – NO. CBD is a go in Connecticut, as is medical marijuana and, therefore, CBD with THC.  
  • Delaware: HC - UNSPECIFIED. AC – UNSPECIFIED. Delaware has also legalized medical marijuana, but it’s unclear whether Delaware allows the sale of hemp products. 
  • Florida: HC - YES. AC – YES. Florida is fine with CBD as well as medical marijuana, so you can also get THC in your CBD when in the Sunshine State. Florida currently allows the sale of pet food, feed, treats, and specialty treats that continue hemp extract, subject to labeling and registration requirements. A new draft rule would also allow the distribution and sale of “other hemp extract animal ingestants” that are not food, feed, or treats. 
  • Georgia: HC - NO. AC – NO. Although Georgia doesn’t allow CBD or hemp products to be consumed, Georgia Department of Agriculture (GDA) will permit the use of CBD in cosmetics. 
  • Hawaii: HC - YES. AC – NO. Hawaii has legalized CBD as well as medical marijuana, so you can reap the benefits of CBD with or without THC - but not as a food or beverage! 
  • Idaho: HC - YES. AC – NO. Don’t get too excited, CBD must both contain zero THC and be derived from one of the five identified parts of the cannabis plant; otherwise it is illegal in Idaho.  
  • Illinois: HC – YES. AC – UNSPECIFIED. Illinois permits the sale of marketable hemp products, to include hemp-derived CBD, but they don’t specify if it can be in food or dietary supplements. Illinois regulations can use some improvement – but for now, we’re saying yes! 
  • Indiana: HC - YES. AC – NO. Indiana permits the retail sale of hemp-derived CBD in food or dietary supplements but prohibits animals to consume hemp products. 
  • Iowa: HC - YES. AC – NO. New regulations have permitted the sale of consumable hemp products. 
  • Kansas: HC - YES. AC – NO. Kansas is a-OK with CBD. However, regulations could be improved!  
  • Kentucky: HC - YES. AC – NO. Kentucky permits the retail sale of hemp-derived CBD in food and food additives. The current policy in Kentucky is the same as FDA’s stance - CBD products for animal consumption is not approved.  
  • Louisiana: HC - YES. AC – NO. Louisiana lets you buy CBD, CBD with THC, and medical marijuana.  However, the LDH prevents any CBD products labeled for animals from being licensed and registered in the state of LA, making them illegal for distribution and sale in LA. 
  • Maine: HC - YES. AC – UNSPECIFIED. You can fill your CBD needs in Maine, and marijuana is fully legal here, too.  
  • Maryland: HC - NO. AC – UNSPECIFIED. Legally, you won't find hemp/CBD food and beverage products in Maryland. Though, you may find hemp/CBD dietary supplements and cosmetics for retail sale as regulations are not clearly defined.  
  • Massachusetts: HC - NO. AC – NO. Massachusetts allows the sale of hemp products but prohibits CBD in food and dietary supplements. Soon this could change - HD 2579 defines “hemp products” to include consumable and topical products intended for humans and animals and allows CBD to be added to such products. 
  • Michigan: HC - NO. AC – NO. Just like Massachusetts, CBD is legal but it can not be added to food or dietary supplements. 
  • Minnesota: HC - NO. AC – NO. I think we’re seeing a trend here... Minnesota also permits the sale of certain hemp products while prohibiting food and dietary supplement products with CBD. SB 376 was introduced on Feb 8, 2021, and a similar bill, HB 846, was introduced on Jan 28, 2021 and would establish requirements for hemp extract food product be sold for human or animal consumption. 
  • Mississippi: HC - NO. AC – NO. Hemp cultivation is legal but the sale of CBD or hemp products is not!  
  • Missouri: HC - UNSPECIFIED. AC – UNSPECIFIED. Missouri also allows medical marijuana, therefore marijuana-derived CBD, but it’s unclear whether the sale of finished hemp products are allowed.  
  • Montana: HC - YES. AC – NO. In Montana, the retail sale of hemp-derived CBD is legal but there are product limitations. Hemp-derived CBD cannot be in food or dietary supplements.  
  • Nebraska: HC - UNSPECIFIED. AC – UNSPECIFIED. Nebraska hasn’t gotten on the CBD train (yet).  
  • Nevada: HC – YES. AC – NO. Nevada legalized the sale of hemp-derived CBD for human consumption (unclear whether CBD in cosmetics are permitted). However, the Division of Public Behavioral Health says dietary supplements that contain CBD are not permitted but CBD in an edible marijuana product or as a concentrate sold from an approved dispensary is allowed. Nevada also takes FDA’s stance on cannabis marketed as animal health products.  
  • New Hampshire: HC - YES. AC – NO. As of now, you’re able to get medical CBD and marijuana if you have a medicinal cannabis card.  HB 272 was introduced and likely to pass. If passed, it would authorize the sale of CBD in food and food products.  
  • New Jersey: HC - YES. AC – YES. Hemp-derived CBD is explicitly authorized to be added to cosmetics, personal care products, and products intended for human and animal consumption.  
  • New Mexico: HC - YES. AC – NO. A wide variety of CBD products can be found in New Mexico, including medical CBD via marijuana plants.   
  • New York: HC – YES. AC - NO. Unfortunately, “cannabinoid hemp” is defined as only pertaining to products for human consumption.  
  • North Carolina: HC – NO. AC - NO. North Carolina state laws mirror federal laws. This means that CBD cannot legally be added to any human food or animal feed that is for sale. 
  • North Dakota: HC - YES. AC - UNSPECIFIED. In North Dakota, the law says CBD oil is legal. However, the retail sale of hemp-derived CBD is neither explicitly authorized nor prohibited.  And if you need medical CBD, that’s been legalized here, too. 
  • Ohio: HC – YES. AC - YES. In Ohio, hemp products explicitly include dietary supplements, food intended for animal or human consumption, cosmetics, personal care products, and hemp-derived CBD. 
  • Oklahoma: HC – YES. AC – NO. In Oklahoma, CBD oil, as well as medical CBD is legal, but not medical marijuana. 
  • Oregon: HC – YES. AC - YES. Since 2015, marijuana, and marijuana-derived CBD, has also been legal in Oregon. However, if a product is for animals other than cats/dogs then it is not currently legal. 
  • Pennsylvania: HC - YES. AC – UNSPECIFIED. By law, CBD and other CBD products are legal and widely available all over Pennsylvania but state officials think otherwise. Medical marijuana and medical CBD oil are also legal.   
  • Rhode Island: HC – YES. AC – UNSPECIFIED. Hemp-derived CBD products are legal in Rhode Island. Medical marijuana is legal but not for recreational use.   
  • South Carolina: HC – YES. AC – NO. The recreational and medicinal use of hemp-derived CBD is completely legal in SC and has been since 2017. You just can’t put it in food or drinks or give it to your cats and dogs.  
  • South Dakota: HC - UNSPECIFIED. AC – UNSPECIFIED. Sorry, guys. CBD is a big, fat no-go in South Dakota.   
  • Tennessee: HC – YES. AC - UNSPECIFIED. As long as your CBD is hemp-derived, it’s good to go in Tennessee. Medicinal CBD is also legal, here, but not medical marijuana.   
  • Texas: HC – YES. AC - NO. CBD is legal in Texas. As for medical marijuana, only if it comes in CBD form can you legally buy and use that here. The current hemp rules do not include animal food. 
  • Utah: HC – YES. AC - YES. CBD oil and medical marijuana and CBD (including products marketed for animals) is legal in the Beehive State.  
  • Vermont: HC – YES. AC - YES. Hemp products is broadly defined to include cosmetics, personal care products, food intended for animal or human consumption, and hemp-derived CBD. Plus in 2018, the state was the ninth to join the legal marijuana bandwagon, so you can legally use and possess both marijuana and marijuana-derived CBD.  
  • Virginia: HC – YES. AC - YES. The regs say hemp-derived CBD may be added to cosmetics, personal care products, and products intended for human or animal consumption. And as of July 1, 2020, CBD derived from marijuana is also legal (although marijuana is not. It is decriminalized, though) if it comes from a Virginia hemp farm.  
  • Washington: HC – YES. AC - NO. The retail sale of hemp products is lawful in Washington. However, the Department of Agriculture announced that CBD is not allowed in food ingredients. Fun fact, in 2012, Washington was the first state to, legalize recreational use of marijuana and the second to legalize recreational sales of marijuana. At this time, the use of Hemp and/or CBD in Animal Feed is prohibited in Washington State. 
  • West Virginia: HC – YES. AC - YES. You can buy, sell, and consume CBD (even your pets can use) that is extracted exclusively from hemp. CBD sourced from marijuana is also legal for patients with qualifying medical conditions.  
  • Wisconsin: HC – YES. AC - NO. You can freely buy and use hemp CBD, and you’ll need a prescription for medical CBD. Medical marijuana is not legal (yet).  
  • Wyoming: HC – YES. AC - NO. You can legally sell hemp-derived CBD, just not in food or dietary supplement products. In Wyoming products intended for animal remedies and commercial feed would not be allowed for registration and sale within the borders of the state.  
  • Washington D.C.: HC – YES. AC - UNSPECIFED. CBD is legal in the nation’s capital, as is medical and recreational marijuana.   

* The information on this page is for educational purposes only and is not intended for legal advice. It’s truthful when written but regulations change rapidly so, please be sure to do your own research

 

Comments

delivery driver

does use of cbd oil cream or edibales produce a POSITIVE test result in a prempoyment screening?

RICHARD SMITH . 57 days ago

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