You are currently viewing Is CBD Oil legal in the US? State by State Guide

Is CBD Oil legal in the US? State by State Guide

Typically, CBD oils are prepared by mixing a pure CBD extract with other oils, most commonly coconut or hemp seed oil, which come in various strengths. CBD oil is mainly used for its health benefits, such as lowering stress levels, relieving pain, and treating insomnia.

Additionally, its legal status often varies across countries or states, depending on the THC levels contained in the particular CBD oil. Therefore, consumers or potential users should check the legality of such products in their market before purchasing CBD oil.

Is CBD oil legal in the U.S.?

In the United States, the legality of CBD oils is determined by their source and THC concentrations.

CBD products derived from Hemp

The federal legalization of hemp-derived CBD products was achieved through the 2018 Farm Bill. This bill allows CBD products containing no more than 0.3% THC, the psychoactive ingredient in cannabis.

As a result, CBD oils made from hemp are legal in most U.S. states. However, the use of CBD in food and beverages is generally prohibited at the federal level.

CBD products derived from marijuana:

The legality of CBD oils derived from marijuana plants (which contain more than 0.3% THC) remains more complex. Under U.S. federal drug laws, cannabis is classified as an illegal narcotic. However, there are exceptions for medical use and possession in certain states.

Consider Reading: Get to Know More About CBD Weed

In jurisdictions where cannabis has been legalized for either medical or recreational use, the sale and marketing of marijuana-derived CBD oils are permitted.

State Laws:

While it is federally legal to produce CBD oil derived from hemp in the U.S., individual states may impose additional regulations. For example, states like Colorado and California have passed laws allowing the use of both hemp- and marijuana-derived CBD oils.

In conclusion, hemp-derived CBD oil is generally considered legal across most U.S. states. However, it is crucial to research the specific laws of each state and ensure that the THC content is below 0.3%.

Full State by State Guide of the legal status of CBD Oil

Here is a state by state guide regarding the legal status of the CBD oil in the U.S..

StateLegal StatusNotes
AlabamaConditionally LegalLegal for medical use, THC limit of 0.3%
AlaskaLegalBoth hemp and marijuana-derived CBD are legal​
ArizonaLegalFully legal for both medical and recreational use​
ArkansasLegal
CaliforniaLegalLegal for all uses, including medical and recreational​
ColoradoLegalLegal for both medical and recreational use.
ConnecticutLegalLegal for both medical and recreational use.
DelawareLegal
FloridaConditionally LegalLegal for medical use only
GeorgiaConditionally LegalLegal for medical use with restrictions​
HawaiiConditionally LegalLegal for medical use; marijuana-derived CBD is illegal
IdahoIllegalAll CBD products are illegal
IllinoisLegalLegal for all uses​
IndianaConditionally LegalLegal for hemp-sourced CBD with THC below 0.3%
IowaConditionally LegalLegal for hemp-derived CBD, medical marijuana CBD allowed
KansasIllegalNo legal status for CBD.
KentuckyConditionally LegalLegal for medical use with hemp-derived CBD​
LouisianaConditionally LegalLegal for medical use
MaineLegalLegal for all uses​
MarylandLegalLegal for all uses​
MassachusettsLegalLegal for all uses​
MichiganLegalLegal for all uses​
MinnesotaConditionally Legal
MississippiConditionally LegalLegal for medical use with specific restrictions
MissouriLegalLegal for all uses​
MontanaLegalBoth medical and recreational use are legal.
NebraskaConditionally Legal
NevadaLegalLegal for all uses​
New HampshireConditionally LegalMedical use only.
New JerseyLegalLegal for all uses, except marijuana-sourced CBD recreationally​
New MexicoLegalBoth medical and recreational use are legal.
New YorkLegalLegal for all uses except recreational marijuana-derived CBD
North CarolinaIllegalNo CBD products from marijuana allowed​
North DakotaConditionally LegalMedical use only, with higher THC allowed for qualifying patients.
OhioLegalLegal for all uses​
OklahomaLegal
OregonLegalBoth medical and recreational use are legal.
PennsylvaniaConditionally Legal
Rhode IslandLegalBoth medical and recreational use are legal.
South CarolinaLegal with restrictionsLow-THC CBD allowed for specific medical conditions.
South DakotaConditionally LegalMedical use only.
TennesseeLegal with restrictionsLow-THC CBD products allowed for specific medical conditions.
TexasConditionally LegalLegal with restrictions for medical use​
UtahLegal with restrictionsMedical use only.
VermontLegalBoth medical and recreational use are legal.
VirginiaLegalBoth medical and recreational use are legal.
WashingtonConditionally Legal
West VirginiaLegalBoth medical and recreational use are legal.
WisconsinConditionally Legal
WyomingLegalLegal for all uses

Every state has its own stance on CBD; some have legalized both hemp CBD and marijuana CBD whereas others have legalized only hemp CBD or allowed its use for medical reasons only. 

After extending their temporal strategies for new promotion approaches, some states, like Idaho and North Carolina, developed rigid rules against the use of CBD, whereas some states, for instance, California and Michigan, do not recognize any such restrictions for medical or recreational CBD usage.

Is Hemp oil legal in the U.S.?

While hemp oil is allowed to be used in the U.S. after the farm bill was passed, its legality elicits some concern as it tends on the particular type of hemp oil in question and the contents that it possesses.

Hemp Oil

States where CBD is illegal

At present, the production of THC midcontinent CBD (cannabidiol) derived from hemp measuring 0.3% in total is viewed as legal in all 50 states due to the enactment of the 2018 Farm Bill. 

Not all states however remain permissive as some put stricter measures if not total ban on any and all CBD products especially edible and non-edible consumables. The following state legislatures have traditionally been states with more severe or unbearably complex laws regarding CBD. 

  1. Idaho: Us CBD oil is virtually outlawed in Idaho especially in regard to edibles and beverages. 
  2. South Dakota: Medical marijuana passed only in 2021 and there are still many restrictions concerning CBD. 
  3. Iowa: Not dissimilar, they allow usage of CBD, but there are restrictions with regards to THCA levels in the products.
  4. Wyoming: CBD from hemp is considered legal under most circumstances but its sale and use especially in foodstuffs is limited.
  5. Nebraska: Under 0.3% THC content, CBD products are approved for sale in the state. And historically the state has proposed restricting the use of CBD to treatment purposes only.
  6. Kansas: Kansas has primarily an ambiguous position towards CBD and imposes certain limitations on its availability and use.

In addition, there could be restrictions in other states regarding the amount of certain formats of CBD that can be utilized by an individual (for example edibles, smokes etc.), the concentration of THC levels permissible or the minimum age of the user.

Is CBD legal in all states?

Cannabidiol, commonly known as CBD, is manufactured from the hemp-variation of cannabis sativa plant family, and the legality of its use has been to several parts of America edged closer since the 2018 Farm Bill was enacted. 

The legislation also permits the cultivation and the manufacture of any product derived from hemp that had 0.3% – a value which is recognized as the cut-off point of the psychoactive element present in marijuana. Nevertheless, the state of Colorado and its subdivisions have contrasted opinions regarding a wide range of issues relating to CBD, its commodities, processors and sellers.

More: Where Is Edibles Legal? A Guide To All 50 States

In the majority of the countries, taking cannabinoids from hemp where CBD is the dominant compound is generally accepted as long as it is within the limitations set by the federal law with few states however going to the extent of repealing more forbidding laws. 

In this regard, states like Idaho, Nebraska, and South Dakota have been quite apprehensive about the introduction of CBD products even to an extent whereby the law says these products are legal, in fact, in those states, CBD products are illegal.

While medical-marijuana-qualifying states could constrain reasons for which CBD can be used, namely to therapeutic uses, the most potent of these forms, CBD oil, could be used without regulating the content level of THC.

Dr. Wills

He is a well profound cbd researcher and has been studying this sector for 40+ years and now he plans to share his knowledge with the world

This Post Has 2 Comments

Leave a Reply