Is CBD Legal?

Written By: Lex Pelger

Oct 1, 2020

State-by-State: CBD Laws in 2020  

As CBD enthusiasts will know, the victorious 2018 Farm Bill removed hemp from the controlled substance list, but federally, marijuana, which comes from the same family of plant (cannabis sativa) as hemp, remains a ‘drug’. Though the bill legalized hemp-sourced CBD (so long as the THC content is less than 0.3 percent), it also gave states the right to oversee its own hemp production. That means states can also implement their own restrictions or ban it completely. Three have elected to do the latter. There’s a lot of gray area in-between, and the state of things changes by the day.  

States separate the compound cannabidiol, a.k.a. CBD, from cannabis in their laws because of how CBD differs from full spectrum marijuana. Marijuana contains THC, the psychoactive compound. So, when CBD is separated from cannabis oil, this results in a product with little to no THC.  

On the other hand, you’ll find much more CBD (and less THC) in hemp. Most state laws consider cannabis with less than 0.3 percent THC to be hemp, while anything with more THC is considered marijuana. Most marijuana-derived CBD oil clocks in at over 0.3 percent THC, while hemp-derived CBD is, by definition, going to have very little, if any, trace of THC.  

Over half of the country has legalized medical marijuana, marijuana, or marijuana-derived CBD. About a fifth of states, including the nation’s capital, have legalized recreational marijuana. Other states have made CBD-explicit medical laws.  

Here’s how the legalization of CBD breaks down, state by state, including states that have legalized marijuana, thus marijuana-derived CBD, or medical marijuana and/or medical CBD. 

Is CBD legal in:  

  1. Alabama: Yes. Alabama is down with CBD. 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.  
  2. Alaska: Yes. All CBD products, oil and all, are legal, and so is marijuana. 
  3. Arizona: Yes. There are currently no Arizona laws prohibiting the purchase and possession of CBD oil in Arizona. In fact, you can also get medical marijuana and CBD with THC here.  
  4. Arkansas: Yes. Arkansas was actually one of the first states to legalize CBD.  
  5. California: Yes. Hemp-sourced CBD, as well as marijuana-sourced CBD for both medical and recreational use, is legal. 
  6. Colorado: Yes. Like California, Colorado has legalized CBD as well as medical and recreational marijuana.  
  7. Connecticut: Yes. CBD is a go in Connecticut, as is medical marijuana and, therefore, CBD with THC. 
  8. Delaware: Yes. Delaware has also legalized medical marijuana, so CBD with THC is also legal here.  
  9. Florida: 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. 
  10. Georgia: Yes. And while medical marijuana isn’t legal here, medicinal CBD is, so enjoy the THC content when in the Peach State. 
  11. Hawaii: Yes. Hawaii has legalized CBD as well as medical marijuana, so you can reap the benefits of CBD with or without THC. 
  12. Idaho: No. 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. 
  13. Illinois: Yes. Illinois also allows medical marijuana, and thus, marijuana-derived CBD. 
  14. Indiana: Yes. And while Indiana hasn’t legalized the flower marijuana in any way, you can still get THC with your CBD: that’s legal. 
  15. Iowa: Yes. Like Indiana, you can only get medical marijuana in your CBD. 
  16. Kansas: Yes. Kansas is a-OK with CBD, with or without THC.  
  17. Kentucky: Yes. Kentucky has also legalized CBD derived from marijuana.  
  18. Louisiana: Yes. Louisiana lets you buy CBD, CBD with THC, and medical marijuana. 
  19. Maine: Yes. You can fill your CBD needs in Maine, and marijuana is fully legal here, too. Thing is… CBD must be extracted from a licensed Maine hemp grower.  
  20. Maryland: Yes. In Maryland, you can legally use CBD with medicinal benefits, too.  
  21. Massachusetts: Yes. And as of 2016, marijuana, whether it’s medical or recreational, is legal here, too.  
  22. Michigan: Yes. Not only is CBD legal, but in 2018 Michigan became the tenth state to legalize recreational marijuana.  
  23. Minnesota: Yes. Minnesota legalized CBD as well as medical marijuana, so you can also enjoy CBD with THC.  
  24. Mississippi: Yes. If you need CBD with THC, that’s legal here in Mississippi, too. 
  25. Missouri: Yes. Missouri also allows medical marijuana, therefore marijuana-derived CBD. 
  26. Montana: Yes. In Montana, CBD is legal in addition to medical marijuana and CBD with THC.  
  27. Nebraska: No. Nebraska hasn’t gotten on the CBD train (yet). 
  28. Nevada: Yes. And since marijuana is legal here, too, marijuana CBD can be bought throughout Nevada.  
  29. New Hampshire: Yes. You can get away with CBD consumption in New Hampshire, plus you’re able to get medical CBD and marijuana if you have a medicinal cannabis card.  
  30. New Jersey: Yes. Hemp-derived CBD is totally OK in New Jersey. In addition, CBD derived from marijuana is also legal for qualifying patients under the state’s medical marijuana laws.  
  31. New Mexico: Yes. In fact, a wide variety of CBD products can be found in New Mexico, including medical CBD via marijuana plants.  
  32. New York: Yes. CBD oil and medical marijuana-derived CBD oil is legal in New York.  
  33. North Carolina: Yes. North Carolina has legalized CBD oil as well as medicinal CBD oil. Medical marijuana, however, has not been legalized in this state.  
  34. North Dakota: Yes. In North Dakota, you can legally buy CBD oil. And if you need medical CBD, that’s been legalized here, too.  
  35. Ohio: Yes. In Ohio, you can buy and sell CBD, including medicinal CBD and medical marijuana.  
  36. Oklahoma: In Oklahoma, CBD oil, as well as medical CBD is legal, but not medical marijuana.  
  37. Oregon: Yes. Since 2015, marijuana, and marijuana-derived CBD, has also been legal in Oregon. 
  38. Pennsylvania: Yes. CBD and other CBD products are legal and widely available all over Pennsylvania. Medical marijuana and medical CBD oil are also legal.  
  39. Rhode Island: Yes. Hemp-derived CBD products are legal in Rhode Island. Medical marijuana is legal but not for recreational use.  
  40. South Carolina: 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.  
  41. South Dakota: No. Sorry, guys. CBD is a big, fat no-go in South Dakota.  
  42. Tennessee: Yes. 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.  
  43. Texas: Yes. CBD is legal in Texas. As for medical marijuana, only if it comes in CBD form can you legally buy and use that here. 
  44. Utah: Yes. CBD oil and medical marijuana and CBD is legal in the Beehive State. 
  45. Vermont: Yes. 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. 
  46. Virginia: Yes. 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. 
  47. Washington: Yes. CBD is legal here, and, in fact, Washington was the first state to, in 2012, legalize recreational use of marijuana and the second to legalize recreational sales of marijuana.  
  48. West Virginia: Yes. You can buy, sell, and consume CBD that is extracted exclusively from hemp. CBD sourced from marijuana is also legal for patients with qualifying medical conditions. 
  49. Wisconsin: Yes. You can freely buy and use hemp CBD, and you’ll need a prescription for medical CBD. Medical marijuana is not legal (yet). 
  50. Wyoming: Yes. Like Wisconsin, Wyoming allows only the use of CBD and medical CBD — not medical marijuana.  
  51. Washington D.C.: Yes. CBD is legal in the nation’s capital, as is medical and recreational marijuana.  

 

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