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Where is CBD Legal in 2020 in the US?

by | Jun 29, 2020 | CBD | 0 comments

Is CBD legal in your state in 2020?

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. 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.


States Where CBD is Legal

StateLegal/Illegal
AlabamaLegal
AlaskaLegal
ArizonaLegal
ArkansasLegal
CaliforniaLegal
ColoradoLegal
ConnecticutLegal
DelawareLegal
FloridaLegal
GeorgiaLegal
HawaiiLegal
IdahoIllegal
IllinoisLegal
IndianaLegal
IowaIllegal
KansasLegal
KentuckyLegal
LouisianaLegal
MaineLegal
MarylandLegal
MassachusettsLegal
MichiganLegal
MinnesotaLegal
MississippiLegal
MissouriLegal
MontanaLegal
NebraskaIllegal
NevadaLegal
New HampshireLegal
New JerseyLegal
New MexicoLegal
New YorkLegal
North CarolinaLegal
North DakotaIllegal*
OhioLegal
OklahomaLegal
OregonLegal
PennsylvaniaLegal
Rhode IslandLegal
South CarolinaLegal
South DakotaLegal
TennesseeLegal
TexasLegal
UtahLegal
VermontLegal
VirginiaLegal
WashingtonLegal
West VirginiaLegal
WisconsinLegal
WyomingLegal


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

2. Broad 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.

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.


Where is Hemp-Derived CBD Legal?

The chart above lists each state and whether or not Hemp-Derived CBD is legal. There are many different regulations and rules within each state, therefore it is important to know what laws have been passed or not passed in your state since it varies greatly and the laws frequently change. What laws may be true for Hemp-Derived CBD, may not be the same for Marijuana-Derived CBD. 


Alabama

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.


Alaska

CBD is legal in Alaska, including CBD infused food, cream, vape, and oral drops. People over the age of 21 may also possess marijuana. 


Arizona

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. 


Arkansas

CBD oil is legal. CBD and industrial hemp were made legal through the Arkansas Industrial Hemp Act in 2017.


California

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. 


Colorado

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. 


Connecticut

CBD is legal. 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.


Delaware

CBD and medical marijuana are legal in Delaware. However, the recreational use of marijuana is still illegal. 


Florida

CBD is legal in Florida as of 2019 following in accordance with FDA guidelines. 


Georgia

CBD oil is legal. 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. 


Hawaii

CBD oil is legal. 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.  


Idaho

CBD oil is illegal.


Illinois

CBD oil is legal. Illinois passed an industrial hemp pilot program that officially legalized the sale and use of CBD oil containing 0.3% THC or less. They also legalized medical marijuana in 2013.  


Indiana

CBD oil is legal. CBD that contains no more than 0.3% THC and is at least 5% cannabidiol and contains no other controlled substances is legal. The state started an industrial hemp pilot program in 2016.


Iowa

CBD is illegal in Iowa.


Kansas

CBD oil is legal. 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. 


Kentucky

CBD is legal 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.  


Louisiana

CBD oil is legal. CBD and Hemp-derived cannabidiol products were made legal for sale in 2019. However, products sold at the retail level must obtain a permit prior to sale. Medical marijuana was legalized in 2017 in Louisiana.


Maine

Most CBD products are legal in Maine including hemp-derived CBD, medical marijuana, as well as recreational marijuana. However, CBD edibles, drink and food infusions are banned.


Maryland

CBD oil is legal. However, CBD or THC products in food or beverage offered for sale in Maryland is illegal and considered adulterated regardless of whether the substances are hemp-derived. Industrial hemp can be grown for agricultural research or academic research purposes only.  


Massachusetts

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. 


Michigan

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. 


Minnesota

CBD is legal. 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. 


Mississippi

Hemp-derived CBD products under Harper Grace’s Law (HB 1231) was 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. 


Missouri

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.


Montana

CBD oil is legal. 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. 


Nebraska

CBD oil is illegal in Nebraska. Nebraska lawmakers passed a bill in May of 2019, to allow hemp-derived CBD to be grown, harvested, processed, and marketed in the state. However, recreational marijuana, or CBD that has a THC content higher than 0.3%, is still illegal in Nebraska


Nevada

Hemp-derived CBD, marijuana-derived CBD, as well as recreational marijuana are all legal in the State of Nevada and are most commonly sold in the city of Las Vegas. 


New Hampshire

Yes, CBD is legal, 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.  


New Jersey

CBD is legal in New Jersey as long as the THC level is below 0.3%. New Jersey also has a hemp program. Their medical marijuana program was passed into law in 2009. 


New Mexico

Hemp and CBD are legal in New Mexico however, the maximum THC concentration allowed in a hemp finished product is 0.3%. A permit is also required when manufacturing and selling hemp-containing products for human consumption.


New York

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. 


North Carolina

CBD oil is legal. 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.


North Dakota

*CBD in North Dakota is illegal. Currently, the law remains unclear for purchasing CBD oil within North Dakota. But it’s safer to say that CBD is illegal. 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. 


Ohio

CBD is legal. 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.


Oklahoma

CBD oil is legal. 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. 


Oregon

CBD is legal in Oregon but it must contain a THC level that does not exceed 0.3% on a dry weight basis. 


Pennsylvania

CBD is legal and can legally be purchased in Pennsylvania, however, it must be below 0.3% THC level. 


Rhode Island

CBD is legal in Rhode Island and can be grown, sold, and distributed through licensed CBD distributors. CBD products must be sold in compliance with state or local food processing and safety regulations and licensing requirements. 


South Carolina 

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.


South Dakota 

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.


Tennessee

CBD oil is legal in Tennessee. Growing hemp is legal in Tennessee in accordance with the TN Department of Agriculture rules and regulations. Marijuana is not legal in Tennessee. 


Texas

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. 


Utah

CBD oil is legal. 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. 


Vermont

CBD oil is legal. Hemp and CBD products derived from hemp are legal in Vermont. 


Virginia

CBD oil is legal. The manufacture and sale of hemp-derived CBD oil are legal in Virginia as they follow FDA Guidelines. 


Washington

CBD oil is legal. Due to the Hemp Program in Washington, hemp and CBD are legal as long as the product does not contain more than 0.3% THC. 


West Virginia

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.


Wisconsin

CBD is legal in Wisconsin as long as the THC content is below 0.3%. The only exception is under Lydia’s Law, where CBD is legal even if the THC level is greater than 0.3% as long as the CBD is dispensed by a pharmacy or physician for a medical condition. 


Wyoming

Hemp-derived CBD is legal in Wyoming. Marijuana-derived CBD is only legal with certain medical conditions. 


Peace River CBD can be purchased in all states that are marked as legal. Shop at our store today to reclaim your calm.

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