Is CBD Legal? What You Need to Know
The history of hemp in the United States dates back to colonial days. It’s a rumor that it was used in sails of the colonists’ ships. It’s a fact that America’s first president George Washington cultivated hemp at his Mount Vernon estate. However, despite its foundational beginnings, its legality was called into question during the 20th century. It was not until December 2018 that hemp was legalized federally. In this blog, we’ll discuss everything you need to know about CBD and its legality. Let’s get started.
Is CBD legal?
Federally, yes. State by state, not necessarily. In 2018, President Trump passed the Farm Bill, which (among other things) legalized the growth, distribution, and sale of industrialized hemp. This legislation permits industrialized hemp to be cultivated for any use, including CBD. However, just because a substance is legal federally does not mean it is necessarily legal in every state. It all depends on where you live. Below, we’ve included a chart that helps you see if you can use CBD in your state.
State | Is CBD Legal? | Restrictions |
Alabama | Yes | None |
Alaska | Yes | No CBD-infused food/beverage permitted |
Arizona | Yes | No CBD-infused food/beverage permitted |
Arkansas | Yes | No CBD-infused food/beverage permitted |
California | Yes | No CBD-infused food/beverage permitted |
Colorado | Yes | No baked goods |
Connecticut | Yes | Food and beverage must be registered |
Delaware | Yes | Hemp grower must be affiliated with Delaware State University |
Florida | Yes | Labeling is required |
Georgia | Yes | No CBD-infused food/beverage permitted |
Hawaii | Yes | None |
Idaho | No | Illegal in every form |
Illinois | Yes | None |
Indiana | Yes | Labeling is regulated |
Iowa | No | Illegal in every form |
Kanas | Yes | No CBD-infused food/beverage permitted |
Kentucky | Yes | CBD tea is not permitted |
Louisiana | Yes | Many product restrictions |
Maine | Yes | Okay only if CBD extracted from a licensed hemp grower |
Maryland | Yes | Unclear |
Massachusetts | Yes | No CBD-infused food/beverage permitted |
Michigan | Yes | No CBD-infused food/beverage permitted |
Minnesota | Yes | No CBD-infused food/beverage permitted |
Mississippi | Yes | Must be at least 20:1 CBD:THC ratio |
Missouri | Yes | Age 18+ only; sales require state registration |
Montana | Yes | No CBD-infused food/beverage permitted |
Nebraska | Yes | No CBD-infused food/beverage permitted |
Nevada | Yes | No CBD-infused food/beverage permitted; sales only permitted in cannabis stores |
New Hampshire | Yes | Regulations coming |
New Jersey | Yes | None |
New Mexico | Yes | None |
New York | Yes | No CBD-infused food/beverage permitted; purity testing required |
North Carolina | Yes | No CBD-infused food/beverage permitted |
North Dakota | Yes | None |
Ohio | Yes | None |
Oklahoma | Yes | None |
Oregon | Yes | Label regulations |
Pennsylvania | Yes | No CBD-infused food/beverage permitted; label regulations |
Rhode Island | Yes | Label regulations |
South Carolina | Yes | No CBD-infused food/beverage permitted |
South Dakota | No | Illegal in every form |
Tennessee | Yes | None |
Texas | Yes | Label guidelines |
Utah | Yes | Registration required for sales |
Vermont | Yes | No combination with meat or dairy. Maple syrup has its own rules |
Virginia | Yes | None |
Washington | Yes | No CBD-infused food/beverage permitted |
West Virginia | Yes | No CBD-infused food/beverage permitted |
Wisconsin | Yes | No CBD-infused food/beverage permitted |
Wyoming | Yes | None |
So, what exactly does this mean? Federal law no longer requires authorities to police people for growing hemp, extracting CBD, or possessing either. The Farm Bill also removed hemp and hemp derivatives from the definition of “marijuana” in the Controlled Substances Act. You just may not be in the clear with your specific state yet. For example, if you lived in South Dakota, CBD would still be entirely illegal. You could still receive consequences for possessing and using it.
Final thoughts
While it is confusing, FDA officials are actively working to create federal regulations around CBD, and states may also change or update their regulations periodically. If you’re not currently living in a place where CBD is legal, stay tuned. It may not be that way forever!