Is CBD legal in your state in 2021?
Latest Update: 1/28/2021
There is a lot of mixed information online about which states permit the usage of CBD (cannabidiol) and what regulations the laws clarify. Even governmental bills and websites don’t always clearly state the true legalities of CBD products and consumption for citizens of each state. That’s why we’ve done all of the research for you and brought you the entire 50 states of America where CBD is legal, and where it’s currently not in 2021.
After speaking with several financial institutes and sourcing legal documentation from each individual state, we have collected a full, truthful list of states where CBD is legal or illegal.
Where is CBD Illegal?
In 2021, only 3 states label CBD products as illegal. Other states may have restrictions in place for CBD purchasing and usage.
- North Dakota
Different Kinds of CBD Laws
The 2018 Farm Bill made an important distinction between hemp and marijuana legalities. Hemp is now known as an agricultural commodity and it is no longer a Schedule I drug on the Controlled Substance Act. Hemp-derived products (CBD) can now be regulated by the FDA. For example, Epidolex is the only FDA-approved drug that contains CBD that is allowed to be prescribed in the United States.
Hemp-Derived CBD is legal, as of 2018, at the federal level. However, CBD products must contain less than 0.3% of THC. Individual states still have the final say when it comes to the legalization and regulations of these products. That’s why it is important to know what guidelines and laws to follow depending on which state you live in.
The three types of Hemp-Derived CBD oils are:
1. Full Spectrum CBD
3. CBD Isolate
Marijuana-Derived CBD is illegal at the federal level. This type of CBD product is known to have a quantity above 0.3% of the psychoactive drug known as delta-9 THC (tetrahydrocannabinol).
This type of CBD that contains a higher percentage of THC is only legal in states that have passed recreational marijuana laws, which is vastly different from CBD laws.
States can change their laws each year so it is important to stay up to date on what your state’s guidelines are.
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CBD is legal in Alabama as long as the dry weight THC concentration isn’t 0.3% or higher, otherwise, it is illegal in Alabama.
CBD is legal in Alaska, including CBD infused food, cream, vape, and oral drops. People over the age of 21 may also possess marijuana.
CBD is legal to buy and sell in Arizona. It can be bought and sold in many different forms including, edible products, vaporizer oil, tinctures, skin creams, and muscle relaxer patches.
CBD oil is legal in Arkansas. CBD and industrial hemp were made legal through the Arkansas Industrial Hemp Act in 2017.
Industrial hemp-derived CBD oil and CBD products in food are legal in California. Medicinal and adult-use marijuana (cannabis) is also legal in California.
Both CBD, as well as recreational marijuana, is legal in Colorado. However, there are regulations in place for industrial hemp growth, and processing, which must come from an approved source and follow the state’s standards.
CBD is legal in Connecticut. Medical marijuana, as well as industrialized hemp (CBD), is legal in Connecticut. You don’t need a license to sell low THC, hemp-derived CBD products at retail, as long as you are not processing or manufacturing hemp into CBD. However, if someone is converting the CBD into a consumable product then that would require getting a “Department of Consumer Protection (DCP) manufacturer of hemp consumables” license.
CBD and medical marijuana are legal in Delaware. However, the recreational use of marijuana is still illegal.
CBD is legal in Florida as of 2019 following in accordance with FDA guidelines.
CBD oil is legal in Georgia. People are only allowed to legally possess up to 20 fluid ounces of low (0.3%) THC oil, however, you would need a Registry card to get these products. Georgia’s laws are a bit more strict when it comes to CBD. The sale or possession of marijuana in leaf form, as well as the production or sale of food products infused with low THC oil is illegal.
CBD oil is legal in Hawaii. Licensed medical cannabis dispensaries are legally allowed to produce and sell products that contain THC and CBD. Cannabis-derived substances (marijuana) are not allowed in food, beverages, or cosmetics for manufacture, distribution or sale for recreational use.
“Evidence that any plant material or the resin or any derivative thereof, regardless of form, contains any of the chemical substances classified as tetrahydrocannabinols shall create a presumption that such material is “marijuana” as defined and prohibited herein.”
This means that so long as there are undetectable traces of THC within the CBD product (0% THC) it’s technically legal for purchase within the state of Idaho considering that CBD isn’t tetrahydrocannabinol but cannabidiol.
This also means that only hemp-derived CBD may be purchased within the state of Idaho.
Products that can be purchased include broad-spectrum CBD and CBD isolate.
CBD is illegal in Iowa. There is no current bill or statute that has been processed in 2021 to legalize CBD purchasing or selling.
CBD oil is legal in Kansas. Hemp CBD products with 0% THC were removed from the Kansas controlled substance list in 2018, therefore, legalizing CBD products sourced from hemp with 0% THC in Kansas. However medical, recreational and hemp products derived from marijuana are all illegal if it contains a significant amount of THC (above 0.3%) under Kansas law.
CBD is legal in Kentucky as long as it is derived from industrial hemp and has less than 0.3% THC. However, medical marijuana-sourced CBD for recreational use and medicinal use is illegal.
CBD oil is legal in Massachusetts as per FDA guidelines. Medical marijuana as well as recreational marijuana is legal in Massachusetts. They also have an industrial hemp program that oversees and regulates legally grown hemp for commercial purposes.
CBD is legal in Michigan, however, since the FDA has not approved CBD for use in food or drink or as a dietary supplement; it is currently illegal to add CBD into food or drinks or sell it as a dietary supplement since Michigan is following FDA guidelines.
CBD is legal in Minnesota. CBD is allowed to be grown in Minnesota under the Pilot Program established in the state. The statute passed in 2019 which allows hemp-derived CBD to be sold in MN as long as it meets testing and labeling requirements of no more than 0.3% THC and they don’t make any health or wellness claims on the label or in marketing it.
Hemp-derived CBD products under Harper Grace’s Law (HB 1231) were legalized in 2014 for patients suffering from epilepsy and must be recommended by a licensed physician. Mississippi did not adopt state laws to legalize marijuana-derived CBD under the authority of the 2014 Farm Bill, therefore hemp cultivation is still illegal.
CBD oil and hemp extract are currently legal for residents of Missouri who have been diagnosed with epilepsy. They must apply for a hemp extract registration card that is issued to them each year by the Department of Health and Senior Services.
CBD oil is legal in Montana. Growing CBD is legal in Montana. It will continue operating under the authority of the 2014 Farm Bill and will be implementing its 2020 Pilot Program Plan until October 31st, 2020. You must apply and get a license to grow and sell hemp in Montana.
Yes, CBD is legal in New Hampshire, but with restrictions. New Hampshire follows FDA regulations following the Farm Bill of 2018 for their CBD laws. However, CBD-infused food and drinks are illegal.
CBD is legal in New York as they have an Industrial Hemp research initiative. This initiative does not allow for CBD to be processed in food or beverages, so CBD edibles have been banned. However, it does allow CBD to be a dietary supplement with strict restrictions and regulations.
CBD oil is legal in North Carolina. North Carolina is one of the more confusing states when it comes to whether or not CBD is legal. As for industrial hemp products (CBD), it is legal as long as it does not go over the legal limit of 0.3% THC. CBD is legal for children who are diagnosed with epilepsy. CBD edibles, drink and food infusions have been banned.
*CBD in North Dakota is illegal, however, the state defers to the FDA’s regulations. This would make one speculate that CBD is technically legal then, so long as it is hemp-derived and contains less than 0.3% THC. But, the law still remains unclear for purchasing CBD products within North Dakota.
It’s safer to say that CBD is illegal since there have been actions taken against the consumption of CBD. It’s also safer to purchase your CBD products online than finding a local dispensary due to possible conflicts of the state’s CBD consumption legalities. There is an Industrial Hemp Pilot Program in North Dakota. However, anyone looking to grow or process hemp needs a license to do so in the state of North Dakota.
CBD is legal in Ohio. Hemp-derived CBD is legal in Ohio and can be sold outside of a licensed medical marijuana dispensary. However, CBD must contain no more than 0.3% of THC on a dry weight basis. CBD edibles, drink and food infusions have been banned in Ohio.
CBD oil is legal in Oklahoma. Oklahoma legalized specific uses for CBD with a detectable amount of THC no greater than 0.3%. CBD that contains no detectable THC content is typically sold with few restrictions in Oklahoma.
CBD is legal in Oregon but it must contain a THC level that does not exceed 0.3% on a dry weight basis.
CBD is legal and can legally be purchased in Pennsylvania, however, it must be below 0.3% THC level.
CBD oil is legal in South Carolina. In accordance with the Medical Cannabis Therapeutic Treatment Act (Julian’s Law, SB 1035) signed in 2014, hemp-derived CBD products are legal. Prescribed CBD products are allowed, however, they are difficult to find and obtain. Hemp-derived CBD products must contain at least 98% CBD and 0.9% or less of THC for severe epilepsy. The state has an industrial hemp pilot program.
Not all industrial hemp products (CBD oil) are legal within the state of South Dakota. The exception is the federally approved prescription drug Epidiolex, which is a controlled substance and regulated by the FDA. CBD is legal to produce, process, and transport in South Dakota. This has been a gray area since Noem (Governor of South Dakota) signed a new law on March 27th, 2020 for hemp cultivation.
At this time, the hemp-derived products that are prohibited within the state of South Dakota are the sale of hemp products for smoking or inhaling. Ask your primary care physician to enquire about the legalities of using hemp-derived CBD oil in South Dakota.
CBD is legal in Texas. In June of 2019, Texas passed laws creating a state industrial hemp program. The CBD product must not contain more than 0.3% THC.
CBD oil is legal in Utah. Passed in 2018 by Utah Lawmakers, it is legal to possess hemp extract or CBD oil containing less than 0.3% THC. It is not required to have a hemp extraction card any longer to possess hemp extract. However, to cultivate, process, or sell these products requires a license by the Utah Department of Agriculture and Food.
CBD oil is legal in Vermont. Hemp and CBD products derived from hemp are legal in Vermont.
CBD oil is legal in Virginia. The manufacture and sale of hemp-derived CBD oil are legal in Virginia as they follow FDA Guidelines.
CBD oil is legal in West Virginia as long as the THC content is below 0.3%. Medical marijuana was also made legal in 2017.