Is CBD Oil Legal in My State?
Stress relief, better sleep and improved overall wellness are just a few of the reasons people are using CBD. Also known as Cannabidiol, CBD is derived from Industrial Hemp — a variation of the Cannabis Sativa plant. Many studies have shown it has a range of therapeutic uses and benefits. While there are many forms of CBD products on the market today, one of the most popular is CBD Oil. Because CBD Oil is extracted from cannabis, though, a common question users have is whether CBD is legal to buy where they live.
The current and short answer is yes, CBD is legal in all 50 states.
In the 2018 Farm Bill, the federal government legalized Hemp beyond pilot studies. More broadly, Hemp-derived products, such as CBD, can be transferred and sold commercially across state lines. Specifically around CBD and cannabis-derived products, the FDA says the following:
“There is a significant interest in the development of therapies and other consumer products derived from cannabis and its components, including Cannabidiol (CBD). FDA recognizes the potential opportunities that cannabis or cannabis-derived compounds may offer and acknowledges the significant interest in these possibilities.”
While the federal government has legalized CBD, each state views the legality of CBD Oil differently, largely based on how the CBD is sourced and grown and the amount of THC in the plant.
Here are the topics we’ll cover in this guide to CBD legality and state laws. Navigate to a section of interest, or continue reading for a complete overview.
CBD vs. THC
CBD and THC are both compounds called cannabinoids, yet they have different uses and effects, and their legal status is different, too. At the most basic level, cannabinoids are sugars that travel in plant enzymes. Depending on which enzyme it’s attached to, the sugar may become either THC or CBD. In Hemp plants, THC production is dormant, which increases the CBD ratio. According to federal law, 0.3% THC is the maximum amount that legal Hemp and Hemp-derived CBD products can have. Hemp and marijuana are both cannabis plants, but legal CBD is always derived from Hemp. Whereas THC is associated with a “high,” CBD does not produce a high and is instead used for wellness.
Find the Legal Status of CBD in Your State
The legalization of CBD products differs from state to state. Below is a list of all 50 states along with notes on how their laws and regulations may affect your purchase of CBD Oil or other CBD products.
*Please note, we try our best to keep these resources current, but it’s possible some laws have changed.
- Alabama – Legal with no restrictions. CBD can be produced, sold and possessed, according to a 2018 statement by Alabama’s attorney general. The notice clarified past exceptions in Carly’s Law (2014) and Leni’s Law (2016).
- Alaska – Legal with some restrictions. According to the Alaska Department of Natural Resources (“DNR”), Industrial Hemp retailers must register with DNR to sell Hemp and Hemp-derived products like CBD. The state requires an endorsement process. (Nature’s Script™ parent company, Global Widget, is among the providers of endorsed products in Alaska.)
- Arizona – Legal with no restrictions. While Arizona has no explicit laws about Hemp-derived CBD, proposed laws around Industrial Hemp (such as SB 1098), along with federal standards, have de facto made CBD legal in Arizona.
- Arkansas – Legal with no restrictions. Anyone over age 18 can purchase CBD in Arkansas. Growers are subject to inspection and testing by the Arkansas State Plant Board (ASPB).
- California – Legal with some restrictions. Any form of CBD is legal within the state of California. All Hemp products have been legalized in California, even recreational marijuana. Also, you can buy CBD products, including CBD Hemp Oil, CBD Edibles, etc. anywhere in California. The Senate Bill 676 allows California farmers to grow Industrial Hemp for the legal sale of seed, oil, and fiber to manufacturers. But the California Department of Public Health claims CBD is illegal in all foods, beverages and some other products.
- Colorado – Legal with no restrictions. CBD is legal within Colorado and this state allows for Hemp to be used as a food additive. Food, beverages, lotions and other products infused with CBD are allowed to be sold in a variety of businesses. Industrial Hemp cultivation is regulated by the Colorado Department of Agriculture (CDA) and the Senate Bill 18-205 clarifies these regulations.
- Connecticut – Legal with some restrictions. While it is legal to buy and consume CBD there are certain regulations put into place when it comes to the registration of food and beverages that contain CBD. Under the Senate Bill 893 of the state, Hemp cultivation is also available in Connecticut, but the state-mandated law authorizes the Connecticut Department of Agriculture to supervise the Hemp industry.
- Delaware – Legal with some restrictions. Hemp cultivation was legalized in Delaware in 2014, according to the House Bill 385. However, CBD products have been legal in Delaware since 2014. Hemp growers can legally produce Hemp under the Delaware Hemp Research Pilot Program. This program requires the grower to establish a research agreement with an appropriate approved institution.
- Florida – Legal with some restrictions. In 2014, Florida lawmakers approved the Senate Bill 1030, which legalized low-THC CBD Oil for qualifying medical marijuana patients registered in the state program. Also, Florida law stipulates that legal CBD products must be distributed and sold with a label that includes specific requirements.
- Georgia – Legal with some restrictions. The passing of HB 213, also known as the Georgia Hemp Farming Act, permitted the in-state production, processing and sale of Hemp and Hemp products. Patients with certain medical conditions can possess “low THC oil” if they have a Low THC Oil Registry Card from the Department of Public Health. Only CBD with no more than 5% THC is considered legal.
- Hawaii – CBD is illegal within the state of Hawaii. Specifically, the state’s Department of Health issued a statement that no CBD products can be processed, distributed or sold legally in Hawaii without a prescription.
- Idaho – According to Idaho code S37-2701(t), CBD and CBD products are legal only if they contain zero THC. Also, while some CBD products may be legal, they must be completely free of THC, and can only be extracted from the stalks or seeds of mature Hemp plants.
- Illinois – Legal with no restrictions. Currently, Hemp-derived CBD is legal to purchase and consume in Illinois. Also, In 2013, Illinois passed the Compassionate Use of Medical Cannabis Act. This act made it legal for people with certain severe medical conditions to purchase as well as consume marijuana.
- Indiana – Legal with some restrictions. The Senate Bill 52 on Hemp-derived Cannabidiol (CBD) was legalized in Indiana in March 2018. Indiana consumers can enjoy access to CBD products derived from Hemp that contain no more than 0.3% THC.
- Iowa – CBD is illegal in the state of Iowa. It is not legal for purchase or possession except for patients who qualify for Iowa’s medical marijuana program. The SF 2360 Iowa Medical Cannabidiol Act allows individuals diagnosed with intractable epilepsy to use CBD products with 3% or less THC by weight.
- Kansas – Legal with some restrictions. Only CBD with 0% THC is legal in the state of Kansas. Also, CBD containing no more than 5% THC can be used to alleviate debilitating medical conditions. The Senate Bill 282 helped to legalize access to CBD products as long as they contain zero THC.
- Kentucky – Legal with some restrictions. The Senate Bill 214 allowed Hemp-derived CBD products with 0.3% THC or less to become legal for all consumers in Kentucky. Also, you can legally grow, manufacture and own CBD products. The FDA restricted the right to legally add Hemp-derived CBD to food and beverages.
- Louisiana – Legal with various amounts of product restrictions. In 2019 the HB491 law was established. This law defines and legalizes CBD in the state, and it also lays out whether certain CBD products are allowed in the state. While CBD is legal, state officials randomly test products to confirm they possess less than 0.3% CBD, which has dampened the industry in the state.
- Maine – While CBD is legal in Maine, the CBD must be extracted from a licensed Maine Hemp grower. CBD is to be treated as a food rather than a medicine. Sales of CBD products are legal as long as no medical claims are made to promote the product. The Maine legislature LD 630 states that any Hemp cultivated, manufactured or sold within the state must be licensed with the Department of Agriculture, Conservation, and Forestry (DACF).
- Maryland – CBD is legal in the state of Maryland. The House Bill 698 allows Industrial Hemp grown or cultivated under the state’s Hemp program to be sold, distributed, transported, marketed and processed both in the state or outside of the state. Also, you will soon be able to buy topical CBD products at the local drug store.
- Massachusetts – Legal with some restrictions. The Massachusetts Department of Agricultural Resources released a policy statement that prohibits the sale of food containing CBD, CBD products that make medicinal claims, animal feed with Hemp and the sale of unprocessed or raw plant material to consumers. Legislation has been filed to reverse that policy.
- Michigan – Legal with some restrictions. CBD products derived from Hemp or marijuana are both legal in the state of Michigan. However, there are no legal sales of THC products to those without a valid Michigan Medical Marijuana card. While Hemp-derived CBD is legal in the state of Michigan, CBD may not be used in food or beverages.
- Minnesota – Legal with some restrictions. CBD products that meet the current labeling and testing requirements are permitted under state law. Also, CBD derived from Hemp is illegal in Minnesota when placed into a food or beverage intended for consumption.
- Mississippi – Currently, Mississippi law allows for the medical use of low-THC cannabis for patients with qualifying conditions. The HB 1231 “Harper Grace’s Law” came into effect in 2014 and it enables patients who suffer from severe epileptic conditions to use and possess CBD Oil. CBD Hemp Oil must be tested by the National Center for Natural Products Research and dispensed by the Department of Pharmacy Services at the University of Mississippi Medical Center.
- Missouri – Legal with some restrictions. Patients and caregivers with ID cards from DHSS can purchase medical marijuana from a state-licensed dispensary or have it delivered. Patients with epilepsy can apply for a Hemp extract registration card to purchase CBD Hemp Oil from one of two state-licensed facilities.
- Montana – Legal with some restrictions. The purchase of CBD is legal in Montana as long as the product being purchased is produced using Industrial Hemp. Under the Agricultural Act of 2018, Hemp cultivation and the production of Hemp products are legal according to the Federal Government. While not expressly permitted, the state has no laws prohibiting or regulating CBD.
- Nebraska – Legal with some restrictions. The Nebraska Hemp Farming Act exempts Hemp and Hemp products from the state’s Controlled Substances Act. However, because there are no specific protections for the retail sale of CBD, there is concern that law enforcement actions against CBD products could continue.
- Nevada – Legal but with some restrictions. You can legally purchase CBD in Nevada. Though CBD products are legal in the state, CBD as a food additive is not yet legal. Until the FDA approves its use in food and drinks, CBD-infused edible products will be considered illegal.
- New Hampshire – CBD is legal unless it is added to food. The state Bureau of Public Health Protection issued an advisory warning to food establishments that CBD is not permitted in food under FDA guidelines.
- New Jersey – Legal with no restrictions. In August 2019, New Jersey lawmakers passed the New Jersey Assembly Bill 5322, which set up licensing requirements for growing and processing Industrial Hemp. Also, Hemp-derived CBD products are legal in New Jersey.
- New Mexico – Legal with no restrictions. CBD is legal in New Mexico, as long as the CBD products are sourced from Hemp. In March 2019, New Mexico lawmakers passed HB 581, legalizing Hemp and beginning the process of establishing regulations for its production, testing, transportation and processing. In May 2019, a new law specifically authorized the sale of CBD and food products containing CBD.
- New York – CBD derived from Hemp is legally available in New York, but is subject to strict regulations. Medical cannabis has been legal in New York since 2014. The S6184A Bill also known as the Hemp Bill, provides specific guidelines for growers, manufacturers and extractors of Industrial Hemp.
- North Carolina – The 2019 Farm Act legalized CBD products, with the exception of smokable Hemp. The North Carolina Farm Act of 2019, or Senate Bill 315, originally also added more clarifications on the production, distribution and possession of CBD.
- North Dakota – Legal with no restrictions. The North Dakota Senate passed H.B. 1349 in March 2019 and this bill classifies Hemp as an agricultural commodity to be regulated by the North Dakota Department of Agriculture. Hemp is still considered a controlled substance in the state constitution. However, if it is extracted from legally produced Hemp and contains less than 0.3% THC, it is not illegal to possess.
- Ohio – In the summer of 2019, Ohio passed the Senate Bill 57, decriminalizing Hemp and setting up a regulatory framework to license Hemp cultivation.
- Oklahoma – On April 30, 2015, the CBD the HB 2154 was signed. This amendment specified that CBD extracted from Hemp was exempt from the definition of marijuana as long as it contained less than .3% THC. The state legislature approved the retail sale of CBD, becoming the first state to require CBD product labels to declare the country of origin and whether the Cannabidiol is natural or synthetic.
- Oregon – According to Oregon state laws, CBD has been legal both recreationally and medically since 2014. However, Oregon’s packaging and labeling restrictions require that if products contain only Industrial Hemp intended for human consumption or use, the label must include the department’s special Hemp symbol. To be legal, CBD products must be tested and certified by an Oregon lab.
- Pennsylvania – In July 2016, Pennsylvania lawmakers passed the House Bill 967, legalizing Hemp cultivation and processing, including Hemp-derived CBD production. Hemp and Hemp-derived products are legal in Pennsylvania and overseen by the state’s Department of Agriculture. While Hemp-derived CBD is fine, anything made from marijuana has to go through the state’s medical marijuana system.
- Rhode Island – The Hemp Growth Act was established in Rhode Island on January 1, 2017, in order to distinguish marijuana and Hemp by THC content. According to the act, Hemp must contain .3% THC or less by weight. In July 2019, Rhode Island expanded its Hemp program making it possible for Low-THC CBD products to be legally available throughout the state as well as high-THC products to be available at medical marijuana dispensaries.
- South Carolina – In 2014, the Senate Bill 2015, also known as Julian’s Law was signed into law and allowed children with a certain debilitating medical condition to use CBD Oil if recommended by a physician. On February 20, 2019, the South Carolina Department of Agriculture (SCDA) made a statement that claimed CBD itself is legal but not when it’s added to “any human or animal food products for public sale.”
- South Dakota – Although the federal legalization of Hemp and Hemp-derived CBD has occurred, all forms of Hemp, Hemp Oil, CBD Oil and other CBD products remain illegal in South Dakota. On January 30, 2019, the state House of Representatives introduced the House Bill 1191 to legalize Industrial Hemp, but it was vetoed by Republican Gov. Kristi Noem on March 12, 2019. The Attorney General released a statement in March 2019 saying that Hemp and CBD are still illegal in South Dakota.
- Tennessee – Legal with no restrictions. If your CBD Oil is Hemp-derived, you can purchase and use it legally in the state. CBD Oil that has less than 0.9% THC and “obtained legally in the United States and outside of” Tennessee has been legal since 2015. Both Walgreens and CVS plan to sell CBD in stores in the state.
- Texas – Texas recently passed the House Bill 1325, which established broad regulations for Hemp production, cultivation and testing. This Hemp growth program protects Hemp products like CBD. It also includes labeling and retailer registration requirements. Law enforcement officials say that while CBD is legal, if it has even a trace amount of THC, then possessing it could result in a felony charge.
- Utah – Lawmakers in Utah passed the House Bill 3001, also known as the Utah Medical Cannabis Act, on December 3, 2018. The bill legalized CBD Oil containing .3% THC or less. Also, Hemp growers, processors or sellers have to be licensed on an annual basis, according to the Utah Department of Agriculture and Food.
- Vermont – Hemp and Cannabidiol products derived from Industrial Hemp with 0.3% THC or less are legal in Vermont. Also, according to Vermont Laws the cultivation, processing and commerce of Hemp and Hemp-related products are legal in Vermont. In addition, the State of Vermont Agency of Agriculture, Food, and Markets oversees the Industrial Hemp program.
- Virginia – CBD is legal, unless it is added to foods. The Department of Agriculture and Consumer Services issued guidance that the state’s food safety regulations prohibit the introduction in interstate commerce of any food or dietary supplements containing CBD.
- Washington – Legal with some restrictions. In October 2019, Washington banned the sale of Hemp-derived CBD in food and beverage products in line with current policies from the U.S. Food and Drug Administration.
- West Virginia – CBD sourced from Hemp is legal in West Virginia and CBD sourced from cannabis is also legal for patients with qualifying medical conditions. The House Bill 2694 was passed in April 2019 to clarify rules on Hemp licensing requirements and the handling and transportation of Industrial Hemp.
- Wisconsin – While owning CBD Oil is legal in Wisconsin it is considered illegal to possess CBD Oil with THC. However, in accordance with the Senate Bill 10, any Wisconsin citizen can possess CBD Oil as long as their physician certifies it is being used to treat a medical condition.
- Wyoming – The state of Wyoming enacted the HB0171 in March of 2019. This bill allowed the Department of Agriculture to have authority over Hemp production and regulation. This State law now allows for the use and possession of Hemp and Hemp products, including CBD.
What Makes CBD Oil Legal?
How CBD is sourced and grown, and its level of delta-9 THC, are some of the primary parameters when determining whether CBD Oil is legal in a specific state. In all 50 states, for CBD to be legal it must follow these three federal standards:
- Must be sourced from Industrial Hemp
- Farmers must be licensed growers and comply with federally run programs
- Must contain no more than 0.3% THC
While these are the three basic regulations for federally legal Hemp-derived CBD products, states can – and do – implement their own laws. The requirements for packaging, labeling and testing can vary by state as well. State laws put a lot of pressure on the consumer to understand their state’s legislation and know whether they’re purchasing from a reputable CBD company.
CBD products produced from marijuana plants or Hemp plants containing more than 0.3% THC are federally illegal.
Is Hemp Oil Legal?
When researching Hemp extract legality, you’ll often get differing opinions. Most of the confusion results from its close association with marijuana, as both Hemp and marijuana are members of the cannabis family. While the plants may look similar to the naked eye, an important distinction separates the two: THC levels. THC stands for tetrahydrocannabinol, which is the compound that’s known for producing a “high” and causing intoxicating effects. Industrial Hemp contains less than 0.3% THC, while marijuana plants contain anywhere between 3 and 35 percent THC.
The ingredient that makes Hemp Oil products illegal is THC. Any product with THC in it is still illegal, and people should check the laws of their state for more information. If the Hemp extract has been derived from an Industrial Hemp plant and goes through the proper extraction process, it will have less than 0.3% THC in it. Therefore, this Hemp Oil is legal to distribute and consume.
What Is the 2018 Farm Bill and How Is It Related to CBD?
As of January 2020, the CBD industry remains unregulated by the U.S Food and Drug Administration (FDA). With minimal guidelines in place for products like CBD Oil, it’s not unusual for anyone interested in trying CBD Oil to wonder whether it’s legal in their state or community. Once the 2018 Farm Bill was signed into law, all CBD derived from the stalks and aerial parts of Hemp became federally legal in all 50 states – so long as it contained less than 0.3% delta-9 THC by dry weight.
Before the 2018 Farm Bill passed, Hemp and marijuana were classified together as Schedule I Drugs under the 1970 Controlled Substances Act (CSA). Although both Hemp and marijuana plants are types of Cannabis Sativa, their chemical compositions, appearance and function are characteristically different. The main differentiator between the two plants is their amount of delta-9 tetrahydrocannabinol (delta-9 THC) – the chemical cannabinoid compound responsible for causing a “high,” or psychoactive effect. The reclassification of Hemp as being separate from marijauna has led to its legalization, but what does this mean for Hemp oil?
FDA Clampdown on CBD Products
On November 25, 2019, the FDA issued warning letters to 15 companies for illegally selling Cannabidiol products that violated the Federal Food, Drug, and Cosmetic Act (FD&C Act). Most of these companies received letters for marketing their CBD products with unproven medical claims and producing products using unsafe manufacturing practices. Global Widget – the leading supplier and manufacturer of Nature’s Script’s Hemp Extract – did not receive an FDA warning letter. Claims made regarding CBD products included words like “treat,” “cure” and “prevention” for diseases and conditions such as Alzheimer’s, cancer, Parkinson’s and multiple sclerosis. Marketing a wellness product with unproven claims can negatively impact a user’s health and hinder them from seeking proper medical treatment.
Frequently Asked Questions About CBD
What is CBD Oil?
In order to better understand Hemp legalization we first have to answer the question of “what is Hemp Oil?” Hemp Oil is the byproduct of Hemp Extract which is extracted directly from the Hemp plant. Hemp Extract, or CBD, is one of several compounds that is found in the Hemp plant, with the other common compound being trace amounts of THC. Over the past few years, Hemp Extract has risen markedly in popularity. People have discovered that CBD Tincture can help provide a number of great wellness benefits, including help getting a good night’s sleep, enhanced relaxation, anxiety relief and more.
On the other hand, some people have also urged caution surrounding Hemp Extract and its derivatives. It’s important to note that Hemp Extract can impact people differently and nobody should use it in large amounts until they know how it will affect them. That said, what are the benefits that Hemp Extract may provide?
Hemp Extract users often report that taking CBD Oil helps provide a number of health and wellness benefits, including reduced stress and anxiety, a better night’s rest, an overall sense of calmness and more. Again, Hemp Extract affects everyone a little differently, but can be a great way to promote a positive state of mind and optimize your well-being.
Can You Legally Carry CBD on a Plane?
Transportation Security Administration’s (TSA) approval of carry-on CBD gives passengers another option to help combat their in-flight anxieties. Under the 2018 Farm Bill, products that contain Hemp-derived CBD are considered federally legal. Companies that produce Hemp-derived CBD products must abide by the laws and regulations the FDA has set in place thus far.
TSA only deems cannabis products that contain less than 0.3% of THC acceptable. Approved CBD products must come from CBD companies that source their CBD from Industrial Hemp and certify that their products contain less than 0.3% THC through third-party lab tests.
If you purchase your CBD products from a transparent and trustworthy CBD company, you should have no worries flying with CBD.
*Please note that the final decision rests with the TSA officer on whether an item is allowed through the checkpoint.
What Are the Benefits of Traveling With CBD?
CBD has the potential to deter your pre-flight jitters and restless mind. Did you know CBD has other potential benefits to offer when you fly? Here are three reasons why you should consider taking CBD before your flight:
1. Alleviate Aches and Pains
While CBD has the potential to relieve flight anxiety, CBD topicals can help lighten aches and pains that come with traveling. For instance, applying some CBD Pain Relief Rub before your flight may provide you with pain relief and a more comfortable flight.
2. Total Relaxation
Getting over the fact that you’ll be on a plane for two-plus hours is half the battle. Utilizing CBD prior to your departure may provide you a sense of calmness. Attaining a relaxing state of mind before a flight can help reduce any nerves or stress.
3. Promote Restful Sleep
If you travel for work, odds are you’ll have a few red eye flights. CBD promotes restful sleep and may assist in regulating your sleep-wake cycle or subduing jet lag.
Nature’s Script CBD Products Are Legal in All 50 States
We go the extra mile to make sure you won’t have any concerns regarding legality by ensuring Nature’s Script™ CBD products contain less than the federally legal limit for THC. As mentioned, THC is the compound in marijuana that can lead to side effects like impaired memory, altered senses and difficulty keeping track of thoughts. Our products undergo an extraction process to ensure that our Hemp Extract is high-quality and contains less than 0.3% THC.
When shopping for legal CBD, Nature’s Script has your back. Throughout our formulation process, we test individual samples to make sure our quality is consistent. Our final goods check allows us to have the ultimate say on whether a product meets our standards. Once our batch of CBD products has been approved, we publish the lab results online for you to view.