Is CBD Oil Legal? A Guide to All 50 States

Is CBD Oil Legal? A Guide to All 50 States

Cannabis oil is a chemical compound with numerous health benefits. Cannabis sativa, which includes multiple hemp varieties like the marijuana plant, is the source of CBD.

What is CBD Oil?

Cannabis and hemp plants naturally contain a compound called CBD, or cannabidiol. These natural compounds are extracted from cannabis plants, mixed with carrier oils, and then included in tinctures, soft gels, and skincare products.

Among its health benefits are pain relief and inflammation reduction. There are risks involved, as it may not be legal in all states.

Is CBD Oil Legal?

Cannabis sativa, from which CBD is derived, is often associated with marijuana, a hemp plant. Marijuana is technically a cannabis plant, but industrial hemp comes from the same genus.

In the United States, it is legal to grow industrial hemp, and remember that it’s still illegal to grow industrial hemp there when you fly to another country.

Alabama

In Alabama, you can buy all the regular CBD oils that you can get elsewhere in the country. Among the CBD oils available are full-spectrum oils, which contain all the cannabinoids present in Cannabis plants. Experts call this the “entourage effect” – health benefits from all cannabinoids. Many consumers prefer to buy full-spectrum products.

Alabama is a relatively new market for CBD oil, and you should make sure you purchase from a reputable, trustworthy source that makes its products from industrial hemp. It is also possible to compare quality, products, and prices online and see lab reports on the products sold by companies.

Alaska

CBD oil is relatively easy to obtain in Alaska, and CBD oil can be obtained by visiting a dispensary and asking an expert for advice. Alaskan dispensaries tend to have knowledgeable staff about their products. Many cannabis enthusiasts will give you a hint about the best CBD product for you.

CBD oil derived from hemp is available in Alaska in two forms. A first step would be to visit brick-and-mortar stores, vape shops, head shops, or health food stores that sell marijuana CBD oil. If you prefer to shop online, purchasing CBD online might be the best option.

After years of hard work and legalization struggles, Alaska became one of the most cannabis-friendly states. There are options for CBD oil from marijuana and hemp in this state. CBD oil is available online for those who prefer a more convenient shopping method and in many dispensaries and local stores. Whenever you find yourself in Alaska, our list of the best CBD oil stores will come in handy.

Arizona

Yes! Arizona has legalized CBD under Proposition 203. Nevertheless, as per the proposition, CBD oil vaping is still debatable as to its legality, so it’s best to avoid vaping CBD oil until its legality is clarified.

Arkansas

As of 2017, the state introduced Act 981 (also known as the Arkansas Industrial Hemp Act), which allows universities, farmers, processors, and researchers to explore the possibilities of hemp.

As well as CBD with a higher THC content, you are allowed to buy medical marijuana that contains higher levels of THC, but you must obtain a license first.

CBD products are also available for purchase online. CBD is an industry growing and continues to change, making it difficult for consumers to choose the right products for them.

California

Yes. In California, CBD oil derived from hemp and marijuana is legal, and the situation becomes murkier when it comes to CBD-infused foods and beverages. This guide explains both the state and federal laws surrounding CBD in California.

Additionally, we’ll teach you how to buy legal CBD and where to purchase high-quality CBD products.

Colorado

It is legal to use cannabidiol (CBD) oil in Colorado, and it is allowed to be used as a food additive, unlike many other states.

Colorado is one of the most progressive states for legalizing marijuana.

The state takes a similarly progressive approach concerning industrial hemp and hemp-derived products, including CBD oil. In addition to legalizing industrial hemp, the 2018 Farm Bill also left open the question of CBD’s legality.

Connecticut

Connecticut allows hemp-derived CBD products. Hemp production and CBD products are derived from hemp, and they were legalized under Senate Bill 893 in January 2019.

Patients with qualifying medical conditions can also obtain CBD derived from marijuana. Medical marijuana has been legal in Connecticut since 2012.

Delaware

CBD products made from hemp are legal in Delaware, and CBD oil is also available there. Since 2011, Delaware has also offered hemp-derived CBD over-the-counter products and a medical marijuana program. Cannabis products containing CBD and THC can be purchased by patients who qualify.

Florida

The cannabis laws in Florida are pretty progressive. CBD oil that contains substantial amounts of THC can be purchased by residents who have a medical marijuana card if they suffer from qualifying conditions. The health benefits of CBD oil are attracting more attention than ever in Florida.

Georgia

Marijuana users consider Georgia to be one of the most dangerous states. While cannabis laws have improved somewhat in recent years, they remain relatively restrictive.

Hawaii

Medical marijuana patients in Hawaii are permitted to use cannabidiol (CBD), but the legal status of CBD remains unclear. Many stores and businesses are selling CBD oil and other CBD products in Hawaii, just as in the rest of the country. CBD, however, remains a prohibited substance in Hawaii.

The Hawaii Department has made a significant effort to remind businesses and consumers alike that CBD and CBD products are illegal in Hawaii.

Despite these warnings, purchasing CBD products online and in stores is relatively easy.

The state’s authorities will have to decide how to enforce CBD laws moving forward. Likewise, it is unclear how this law will change in the future.

Idaho

As part of the 2015 session, Idaho lawmakers passed SB 1146, which would have legalized the use of CBD oil for uncontrolled epilepsy with no more than 0.3% THC. Additionally, the bill protected parents from purchasing CBD oil outside the state.

According to Idaho code S37-2701(t), CBD products are legal only if they do not contain THC and are extracted from one of five parts of the cannabis plant:

  • Mature plant stalks
  • The stalks produce fiber
  • The seeds of the achene of the plant are used to make oil or cake
  • The mature stalks may also be disposed of as salts, derivatives, mixtures, or other preparations
  • Sterilized seeds that are incapable of germinating

Kansas

As long as CBD does not contain THC, it is legal in Kansas. Cannabidiol was removed from the controlled substances list under Senate Bill 282, but no THC was allowed. Because of this, CBD is difficult to obtain.

In addition to flowering marijuana plants, industrial hemp can also make CBD. Depending on how the CBD is made, the laws in Kansas vary.

THC levels will be higher if your CBD is made from a flowering marijuana plant. If the CBD you possess has THC in it, it is illegal to include it in Kansas unless you have a debilitating illness.

Claire and Lola’s Law provides an affirmative defense to patients with severe medical conditions. The oil is THC-free.

Kentucky

At present, Kentucky does not have a medical cannabis program, and adults are not permitted to use marijuana. Jefferson County and Louisville have decriminalized small amounts of cannabis.

Louisiana

There are a variety of CBD products in Louisiana. During the current legislative session, state lawmakers passed legislation defining and establishing a new legal framework for CBD, and Louisiana’s CBD market was virtually unregulated before the measure.

CBD oil derived from hemp and other CBD products are legal in the state after the new law goes into effect.

Maine

Maine legalized industrial hemp cultivation in 2009 through LD1159. The state passed LD 630, providing more regulations on the licensing of industrial hemp and the sale of CBD derived from hemp, in February 2019.

You will generally find that reputable brands will typically provide you with information about the product, including the form of CBD (such as oil, capsules, topicals, tinctures, etc. ), the amount of CBD the product contains, other chemicals that are present, and so on.

A medical marijuana card is required to purchase CBD derived from Cannabis.

Maryland

Is cannabidiol (CBD) oil legal? Yes, Maryland has established itself as a relatively friendly state for CBD and CBD oil.

You can generally receive in-person assistance and expertise from an employee when you purchase CBD from a shop that offers it, incredibly a CBD specialist.

Massachusetts

CBD oils are legal in Massachusetts.

Despite a gray area for cannabidiol (CBD) legality, the 2018 Farm Bill legalized hemp cultivation at the federal level, paving the way for hemp-derived CBD products to be legalized nationwide. Massachusetts’s health departments forbid the sale of food or products containing hemp-derived CBD that make therapeutic or medicinal claims.

Michigan

Michigan CBD oils are available in stores and online, but ordering online offers more benefits.

A variety of CBD products, from oils to pet CBD products, can be found at online cannabis markets, which are convenient, offer more brands of CBD, and carry a wide variety of CBD products. Aside from comparing different brands and prices online, shopping online is also convenient.

Moreover, you get discounts when you buy CBD oil in bulk or freebies when you sign up when you purchase it online.

Minnesota

In Minnesota, hemp-based CBD products are only legal to a federal degree. The 1970 Federal Controlled Substances Act classified hemp, marijuana, and other cannabis varieties as Schedule I drugs.

Schedule I narcotics are defined by law as substances or drugs that do not have any legitimate medical uses, are highly abused and lack any accepted safety for use in medicine.

Mississippi

In the United States, Mississippi is only one of three states without an industrial hemp program, and it maintains a prohibitionist stance against Cannabis. Mississippi legalized CBD in July 2019 through HB 1547, but CBD products must follow stringent state regulations.

In 2014, eligible patients could access low-THC medical cannabis products. Only qualified patients can obtain low-THC Cannabis from the Department of Pharmacy Services of the University of Mississippi Medical Center. Medical marijuana is illegal for adults.

Missouri

To legally buy and consume CBD oil in Missouri, you need a hemp extract registration card. Missouri residents with certain medical conditions are eligible for this card from the Missouri Department of Health and Senior Services (DHSS).

Those with the following conditions, according to the DHSS(5), may qualify for the card:

  • Having tumors
  • as well as epilepsy
  • Glaucoma
  • Migraines that do not respond to treatment
  • Multiple sclerosis and seizures-related pain
  • Debilitating mental illness
  • HIV/AIDS
  • is a terminal disease
  • Autism, neuropathies, wasting syndrome, and inflammatory bowel disease
  • are also debilitating diseases diagnosed by physicians

It is legal for cardholders to possess and use hemp CBD without fear of prosecution. The maximum THC (tetrahydrocannabinol) allowed is 0.3% by weight.

A hemp extract registration card is required for Missouri residents to use CBD oil.

It is possible to determine the CBD and THC content of a product by checking its certificate of analysis.

Montana

To understand the CBD law in this state, let’s look at how people are interested in marijuana products. A variety of diseases have been studied to determine whether medical marijuana can help treat them.

CBD is considered a natural remedy, including seizures, pain management, inflammation, and anxiety relief. Marijuana contains chemicals that may be helpful for these conditions:

  • Thrive in the face of panic disorders[2]
  • Reduce inflammation and relieve pain
  • Managing epileptic seizures

Montana marijuana laws can treat hemp-derived CBD oil differently, and it is more accessible in Montana. During the 2004 legislative session, the Montana legislature passed a law authorizing patients with Medical Marijuana Cards issued by the Montana Department of Health and Human Sciences Office to acquire medical marijuana legally.

Nebraska

Nebraska allows cannabidiol (CBD) oil and other products derived from hemp that regulators have evaluated.

Nebraska CBD laws

The Nebraska Hemp Farming Act, signed into law by Republican Gov. Pete Ricketts in May 2019, complied with the 2018 Farm Bill. By the Farm Bill and the Nebraska Hemp Farming Act, CBD oils derived from cannabis or hemp plants with a THC content of less than 0.3% are legal.

Nevada

Nevada allows the manufacture and sale of hemp-derived cannabidiol (CBD), provided it complies with federal law, Nevada law, and federal law that defines hemp.

In 2000, Nevada passed a medical marijuana law, and in 2016, voters approved Question 2 to legalize and tax marijuana for adult use, ushering in a new era of legal marijuana use.

New Hampshire

The state of New Hampshire is yet to provide any information about cannabidiol (CBD) other than its medical marijuana program. Most of New Hampshire’s CBD regulations come from the federal government. Due to the 2018 Farm Bill changes, CBD oil and other CBD products are becoming increasingly accessible in New Hampshire.

Related:7 Benefits of CBD Oil Veterans Can Count On

New Jersey

In New Jersey, CBD is perfectly legal.

The non-psychoactive cannabinoid CBD is produced by both hemp and marijuana plants. CBD is legal in New Jersey from both hemp and marijuana plants.

Where to Buy CBD in New Jersey?

CBD oil is available in many places in New Jersey. Online retailers and dispensaries carry it.

They are buying CBD oil online, though it gives you extra perks. Several online shops offer free shipping, significant discounts, and even same-day delivery.

In addition, online shops offer a wider variety of CBD products to choose from – including excellent CBD brands. You can also buy CBD oil for pets online.

New Mexico

Yes. It is legal to use CBD derived from hemp in New Mexico, but medical marijuana patients can use CBD derived from marijuana. A growing number of states have legalized hemp cultivation and hemp-derived products, including cannabidiol (CBD), following the federal changes made under the U.S. farm bill.

Where to Buy CBD in New Mexico

CBD products are available at several Walgreens locations throughout New Mexico and small local pharmacies and health food stores. More sites will likely carry CBD products as the state works through its licensing process.

Another option is to shop online since the United States Department of Postal Service confirmed that legal CBD products could be shipped via postal service.

New York

In New York, CBD derived from hemp is available but is subject to strict regulations. CBD can, however, be manufactured and sold as a dietary supplement, so long as it does not make therapeutic claims. CBD derived from hemp is also legal in New York as a lotion, salve, or balm.

Cannabis-derived CBD can only be legally accessed by individuals who hold a valid New York State Medical Marijuana Program card. Marijuana possession penalties have been reduced for small amounts, and those with existing convictions may have those convictions vacated.

North Carolina

Yes. In 2018, CBD derived from hemp with less than 0.3% THC became legal on a federal level, and it is legal in North Carolina as well.

Furthermore, hemp extract that contains less than 0.9% THC and at least 5% CBD by weight is permitted if the purchaser is registered with the state as a patient with intractable epilepsy or a caregiver.

Where to buy CBD in North Carolina?

It is legal to purchase CBD derived from hemp that contains less than 0.3% THC online. Private delivery services and the United States Postal Service (USPS) can mail hemp-derived CBD products to North Carolina addresses.

In addition to online retailers, a growing number of stores and retail outlets in North Carolina are selling hemp-derived CBD products.

Despite the legality of medical hemp extract with 0.9% THC in North Carolina, the state does not allow its sale, leaving patients and caregivers to seek products outside the state.

North Dakota

In North Dakota, hemp-derived CBD products are legal. In March 2019, H.B. 1349 was passed, which legalized hemp production for commercial purposes in the state.

Where to Buy CBD in North Dakota

There are currently no hemp CBD products available in North Dakota retail stores. The state only has a few vape stores and specialty stores that sell CBD oil, and CBD products are likely to offer more retailers as hemp production grows. Only licensed dispensaries are authorized to sell CBD derived from marijuana.

Ohio

Yes. The sale of hemp or CBD products does not require a license, and more CBD-infused products will be available soon. The Food and Drug Administration (FDA), placed in charge of hemp and CBD products under the 2018 Farm Bill, is still developing rules and cautions buyers to choose carefully.

Oklahoma

Yes. Oklahomans can legally purchase hemp-derived cannabidiol (CBD) products. As a result of the passing of the Hemp Farming Act of 2018, which legalized industrial hemp nationwide, the Oklahoma legislature created the Oklahoma Agricultural Industrial Hemp Pilot Program in 2018.

In Oklahoma, hemp-derived CBD products are classified as foods, and any retail store selling CBD must be licensed as a food establishment. The more retailers learn about and comply with the new rules, the more CBD-infused products in Oklahoma.

Where to Buy CBD in Oklahoma

In Oklahoma, hemp-derived CBD is legal, but retailers must have licenses as food establishments to sell it, and it must be prepackaged. You cannot mix it into a product that you make.

You may find CBD products in Oklahoma’s local pharmacies, health food stores, and medical marijuana dispensaries. As more locations meet the state’s licensing requirements, these products will be available in more places.

Oregon

Yes, CBD oil is legal in Oregon, one of the first states to legalize Cannabis.

The Oregon Medical Marijuana Act, Measure 67, the Oregon Medical Marijuana Act, was passed.

Consumers in Oregon have a wide variety of options to choose from when purchasing hemp-derived CBD products, including CBD oil because hemp-derived CBD products are now federally legal.

Pennsylvania

The purchase of CBD oil, other CBD products, and CBD products in Pennsylvania. As part of the Medical Marijuana Program Fund, a Medical Marijuana Advisory Board, and a research program, Governor Tom Wolf signed Senate Bill 3 in 2016. In response to the Hemp Farming Act of 2018, which legalized hemp and hemp-derived products federally, many states have begun revising their state laws.

In Pennsylvania, hemp and hemp-derived products are legal and regulated by the state’s Department of Agriculture. The state has detailed laws regarding hemp, and the law covers all aspects of growing hemp, from seed procurement to crop testing, but anything other than that is left to state and federal laws.

Rhode Island

Rhode Island legalized the production and processing of industrial hemp for commercial purposes on January 1, 2017.

CBD products derived from hemp are available for sale at retail and commercially. In addition to licensing handlers, distributors, and retailers, the new law prohibits the sale of consumable CBD products to anyone under 21.

Rhode Island’s medical marijuana program, which has been in place since 2006, when the Legislature overrode Gov. Don Carcieri’s veto and legalized medical marijuana, makes CBD-derived from medical marijuana legal for qualified patients.

South Carolina

In South Carolina, CBD (cannabidiol) oil and other industrial hemp-based products are legal.

Residents of the state may grow, process, and sell industrial hemp and hemp-derived products so long as they obtain the necessary permits(8).

In the United States, only one variety of Cannabis sativa is considered legal; industrial hemp.

South Dakota

South Dakotans are confused about which state regulations apply to CBD derived from hemp and how they match up to federal laws governing CBD.

There are no current laws on CBD in South Dakota, but state regulations allow some complex legal exceptions for certain CBD products. One of them is Epidiolex, the pharmaceutical-grade CBD oil that has been approved by the Food and Drug Administration (FDA).

Tennessee

Yes, in a nutshell. CBD oil derived from hemp contains less than 0.3% tetrahydrocannabinol (THC) can be used in lubricants, tinctures, topicals, and even infused into some edible products.

Through the Hemp Farming Act of 2018, sales, use, and possession of all hemp products and hemp-derived products at the federal level. The U.S. Department of Agriculture maintains regulations regarding safety and quality standards. However, the U.S. Food and Drug Administration is still in charge of marketing and regulating CBD labeling, therapeutic claims, and additives to foods.

Texas

After the passage of House Bill 1325, Texas removed cannabidiol (CBD) with less than .3% THC from its Schedule I list of controlled substances in June of 2019.

As a result, licensed retailers may sell hemp products with CBD if they also contain a legal amount of THC. The state approves other medical formulations with CBD for use by patients with certain qualifying conditions, and more diseases are currently being evaluated.

Utah

Various CBD products derived from hemp are readily available in Utah. The Utah Medical Cannabis Act, also known as House Bill 3001, was passed on December 3, 2018, and legalized CBD oil containing no more than .3% THC. The Utah Medical Cannabis Act also made medical marijuana legal for approved patients with qualifying medical conditions, and Cannabis is still illegal for recreational purposes.

Licenses have been developed for Utah hemp growers, processors, and sellers. The state does not regulate food and beverages containing CBD.

Vermont

Vermont allows hemp and cannabidiol products that contain less than 0.3% THC. Vermont enables the addition of hemp-derived CBD to food and beverages without restriction.

Senate Bill 76 legalized medical Cannabis in 2004, and H.511 by Gov. Phil Scott legalized Cannabis for adult use in 2018. In Florida, individuals over 21 years old can possess up to one ounce of marijuana for personal use, but strict restrictions apply. Currently, H.511 does not permit the sale of Cannabis; however, that is in the process of changing.

Virginia

Yes, to some extent. That’s a little more complicated than a simple yes or no.

The Hemp Farming Act of 2018 specifies that industrial hemp and hemp-derived products cannot contain more than 3% THC. There are also specific infused edible products made from these oils, tinctures, and topicals. The U.S. Department of Agriculture maintains regulations regarding safety and quality, and CBD derived from hemp will still be regulated by the FDA.

Washington

Washington has placed strict regulations on CBD oil. In compliance with current FDA guidelines, the state recently banned hemp-derived CBD in food and beverage products. Under federal and state law, CBD cannot be used as an ingredient in foods or beverages as of October 2019. Cannabis dispensaries must sell CBD oil that contains more than 0.3% THC.

West Virginia

West Virginia allows the use of hemp-derived CBD. Senate Bill 447, which defines hemp as Cannabis with no more than 1% THC, first legalized hemp in 2002. Hemp licensing was updated in 2019 following the West Virginia Industrial Hemp Development Act’s passing in 2018. A West Virginia Medical Cannabis Act signed into law on April 19, 2017, makes CBD derived from Cannabis legal for patients with qualifying medical conditions.

Wisconsin

Yes. Wisconsin has legalized cannabidiol (CBD) for medical use since 2014, and hemp-derived CBD is available for adults 18 and older.

Wisconsin produced hemp historically among the nation’s most prominent producers until the federal prohibition of hemp in 1958.

In 2014, Lydia’s Law made CBD oil legal in Wisconsin for strictly medical purposes. As a result, hemp was legalized in 2017 for a broader range of medical uses for adults 18 and older, along with a pilot program for hemp production. A U.S. Food and Drug Administration “investigational drug permit” was required for these two limited medical CBD laws.

The new Wisconsin hemp law aims to match the definition of hemp outlined in the federal Farm Bill 2018, which defines hemp as Cannabis with less than 0.3% THC.

Wyoming

Yes. Cannabis oil derived from hemp and contained less than 3% THC is legal in Wyoming. Colorado had stricter laws regarding CBD use by medical patients in the past. Still, these restrictions have since been loosened following House Bill 171, which state legislators approved in March 2019.

Where to Buy CBD Oil in Wyoming

Retailers of CBD products include health stores, convenience stores, grocery stores, and specialty stores.

CBD oil is also legal, and you can buy it online, but you have to be sure that the amount of THC contained in it is less than the federal limit. In June 2019, the United States Postal Service confirmed that carriers could legally deliver hemp-derived CBD through the mail.

Federal Regulations Regarding CBD Oil

The FDA regulates CBD products in the United States. Epidiolex is a prescription drug containing CBD. Besides food and beverages, CBD is also marketed in dietary supplements, cosmetics, and tobacco products. Different statutory and regulatory requirements for each product type are

Other regulatory bodies share authority with the agency; for example, the Alcohol and Tobacco Tax and Trade Bureau (TTB), 13 about alcoholic beverages, and the Federal Trade Commission (FTC), about the advertising and promotion of certain CBD products. This section will discuss how the FDA regulates drugs, food, dietary supplements, cosmetics, and tobacco products and how these requirements apply to products containing CBD.

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