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Where is CBD Legal in the US?

With the recent legislation removing hemp from Schedule 1 classification, many wonder how this affects CBD and other cannabinoids derived from hemp given this distinction.

The bill is fairly ambiguous when it comes to CBD legalization, but it is clear that depending on the source from which the CBD is derived will determine whether it is legal or illegal.

For example, CBD derived from marijuana containing more than 0.3% THC would be considered illegal, but if it is created from hemp with less than this percentage of THC, then it is considered legal as long as all other provisions in the bill are also met.

Click or Tap on a State to see its Current Status

Click or Tap on a State to see its Current Status
MississippiAlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareWashington D.C.FloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyoming

Mississippi

Mostly Legal

Mississippi does not have an industrial hemp of medical marijuana program. According to a law passed in 2014, CBD oil is legal under very limited circumstances.

2014: HB 1231 "Harper Grace's Law"
Medical CBD

Alabama

Mostly Legal

December 2018: Alabama Attorney General Steve Marshall released an updated public notice on the legal status of CBD. It says,

CBD derived from industrial hemp, with a THC concentration of not more than .3%, can be legally produced, sold, and possessed in the State of Alabama.

2014: SB 174 “Carly’s Law”
Allows University of Alabama Birmingham to research the effectiveness of low-THC products for seizure disorders.

2016: HB 61 “Leni’s Law”
Physicians may recommend CBD for more conditions.

Alaska

Legal

Alaska allows for the use of medical marijuana and recreational use by adults. Industrial hemp is classified differently, however. This state has an industrial hemp pilot program in place, but is not currently producing hemp.

A representative from the state’s Department of Environmental Conservation recently told Alaska Public Media

there are no lawfully approved sources of CBD

available in Alaska, so it cannot be

sold or used in permitted food establishments.

1998-1999: Measure 8 & SB 94
Medical cannabis

2014: Ballot Measure 2
Adult use.

Arizona

Legalization up to Interpretation

Arizona has legalized marijuana for medical use, but law enforcement has interpreted this law to exclude any extracts of cannabis, which may include CBD.

June 2018: State v. Jones in Appeal
Extracts don’t qualify as medical marijuana. This dispute is currently in appeal and may go to the Arizona State Supreme Court.

2010: Proposition 203
Medical marijuana

2018: SB 1098
Industrial hemp pilot program

Arkansas

Medically Legal

Arkansas has enabled both medical marijuana and industrial hemp pilot programs, though neither has been implemented completely. Growers in the hemp program are focused primarily on CBD.

2016: Issue 6
Medical cannabis.

2017: Ark. Stat. Ann. § 2-15-401 et seq.
Industrial hemp pilot program.

California

Almost 100% legal

California has legalized marijuana both for medical and recreational use among adults, however this does not necessarily apply to extracts such as CBD.

July 2018: California Department of Public Health FAQ
The use of industrial hemp-derived CBD in food is prohibited on the grounds that it is an unapproved food additive.

1996-2003: Proposition 215 & SB 420
Medical cannabis.

2016: Cal. Food and Agric. Code §81000 to 81010
Industrial hemp

Colorado

Legal

Colorado has legalized marijuana both for medical and recreational use by adults. It also has an industrial hemp program.

2000: Amendment 20
Medical cannabis.

2016: Colo. Rev. Stat. § 35-61-101 to 35-61-109
Industrial hemp pilot program.

Connecticut

Medically Legal

Connecticut has legalized cannabis use for medical purposes and is in the process of establishing an industrial hemp pilot program.

2012: HB 5389
Medical cannabis.

2014: Conn. Acts, P.A. #14-191 (Reg. Sess.)
Industrial hemp feasibility study.

Delaware

Medically Legal

Delaware has legalized medical marijuana and cannabis use for approved medical conditions. It also has an industrial hemp pilot program in place.

2011: SB 17
Medical cannabis.

2016: Del. Code Ann. tit. 3 § 2800 to 2802
Industrial hemp pilot program.

Washington D.C.

Medically Legal

Washington, DC has legalized medical cannabis and adult use. Adults may possess and gift “marijuana” products, but they may not buy or sell them. CBD derived from industrial hemp is not regulated under these laws.

1998-2010: Initiative 59 & L18-0210
Medical cannabis.

2014: Initiative 71
Adult use.

Florida

Medically Legal

Florida is currently implementing medical cannabis and industrial hemp pilot programs.

2016: Amendment 2
Medical cannabis.

2017: S 1726
Industrial hemp pilot program

Georgia

Mostly Legal

Georgia state law has enabled the University of Georgia school system to create a low-THC oil research program within FDA compliance standards on a trial basis.

The oil must contain less than 5% THC and at least an equal amount of CBD.

Qualifying clinical trial conditions include:

End Stage Cancer

ALS

MS

Epilepsy and other Seizure disorders

Crohn's

Parkinson's

Sickle Cell Disease

Mitochondrial Disease

2015: HB 1 "Haleigh's Hope Act"
Low-THC medical cannabis.

Hawaii

Medically Legal

Hawaii has enabled medical cannabis and industrial hemp pilot programs.

2000: SB 862
Medical Cannabis.

2016: Hawaii Rev. Stat. § 141A to 141J and § 712
Industrial hemp pilot program.

Idaho

Mostly Illegal

Idaho has neither legalised medical nor recreational use for cannabis. It does not have an industrial hemp pilot program.

2015: A law that would have legalized low-THC CBD products for medical use was vetoed by the state’s governor in 2015.

Illinois

Medically Legal

Illinois allows manufacturer's to extract CBD through an industrial hemp program that is in place.

2013: HB 1
Medical cannabis.

2016: Ill. Ann. Stat. ch. 720 § 550/15.2
Industrial hemp pilot program.

2018: SB 2772 "Commercial Low THC Hemp Extract Act"
It is legal to distribute or sell low THC hemp extract with a certificate proving the product contains no more than 0.3% THC by weight. It also excludes low-THC hemp extract from being defined as "cannabis."

Indiana

Mostly Legal

Indiana does not allow the use of medical cannabis, but it does have an industrial hemp pilot program.

2016: Ind. Code Ann. § 15-15-13-1 to 15-15-13-17
Industrial hemp pilot program.

2017: HB 1148
Medical CBD for epilepsy treatment.

2018: Senate Enrolled Act 52 
CBD Oil legalization as long as products contain no more than 0.3% THC.

Iowa

Mostly Illegal

Iowa has not legalized cannabis or have any medical or industrial hemp pilot programs in place. It has implemented a living Code chapter 124E which has established a CBD program, but it is not fully implemented yet.

2018: Iowa Department of Public health releases a statement
Over-the-counter CBD products are not legal in the state. Contested under the 2014 Farm Bill

2019: Iowa Code chapter 124E
Medical CBD.

Kansas

Mostly Legal

Kansas has not legalized medical marijuana but it does have an industrial hemp program in place, but it has enacted a law removing hemp from the controlled substances list as long as that hemp does not contain THC.

2018: SB 263
Industrial hemp pilot program

2018: SB 282
Updates to substances included in schedules I, II and III of the uniform controlled substances act.

Kentucky

Mostly Legal

Kentucky has not legalized cannabis for medical use, but it does have a hemp pilot program.

2014: SB 124 "Clara Madeline Gilliam Act"
Exempted cannabidiol from the definition of marijuana and allows for university clinical trials so long as the trials meet FDA standards.

2016: Ky. Rev. Stat. Ann. § 260.850 to 260.869
Industrial hemp pilot program

Louisiana

Legalization up to Interpretation

Louisiana has legalized medical marijuana, but has not implemented an industrial hemp program. CBD is not fully protected but stores are currently offering CBD products in the state.

2017: SB 271 
Medical cannabis.

Maine

Medically Legal

In Maine, both medical cannabis and adult use are legal.

1999: Question 2,
2002: LD 611,
2009: Question 5,
2010: LD 1811,
2011: LD 1296,
Medical cannabis.

2016: Me. Rev. Stat. Ann. tit. 7 § 2231
Legalized growing industrial hemp for commercial purposes.

Maryland

Medically Legal

Maryland has both a medical cannabis and industrial hemp pilot program.

2003: HB 702,
2011: SB 308,
2013: HB 180/SB 580,
2013: HB 1101- Chapter 403,
2014: HB 881/SB 923
Medical cannabis.

2016: Md. Agriculture Code Ann. § 14-101
Industrial hemp pilot program.

Massachusetts

Legal

Massachusetts has legalized both medical cannabis and recreational marijuana for adult use. It also has an industrial hemp program.

2012: Question 3
2013: Session Law Ch. 369 
Medical cannabis.

2016: Question 4
Adult use.

2017: Mass. Gen. Laws. Ann. 128 § 116 to 123
Industrial hemp pilot program.

Michigan

Legal

Michigan is the first state in the midwest to legalize marijuana for medical and recreational use by adults. It also has an industrial hemp pilot program.

2008: Proposal 1
Medical cannabis.

2016: Mich. Comp. Laws § 286.841 to 286.844
Industrial hemp pilot program.

2018: Proposal 18-1
Adult use

Minnesota

Medically Legal

Minnesota has legalized medical marijuana and has an industrial hemp program. CBD is sold throughout the state.

2014: SF 2471, Chapter 311
Medical cannabis.

2016: Minn. Stat. § 18K.01 to 18K.09
Industrial hemp pilot program.

Missouri

Medically Legal

Missouri has enabled medical use for cannabis at physician's discretion. The state also has an industrial hemp pilot program.

2014: HB 2238
Medical CBD.

2018: HB 2034
Industrial hemp pilot program.

Montana

Medically Legal

Montana has both a medical cannabis and an industrial hemp pilot program in place within the state.

2004: Initiative 148,
2011: SB 423,
2016: Initiative 182
Medical cannabis.

2016: Mont. Code Ann. § 80-18-101 to 80-18-111
Industrial hemp pilot program.

Nebraska

Mostly Illegal

Nebraska has an industrial hemp pilot program, but marijuana for recreational use and medical use is illegal.

CBD is only legal if it is in an FDA-approved product.

2016: Neb. Rev. Stat. § 2-5701
Industrial hemp pilot program.

Nevada

Legal

Nevada has legalized cannabis for both medical and recreational use by adults. It also has initiated an industrial hemp program.

2000: Question 9 and NRS 453A NAC 453A
Medical cannabis.

2016: Question 2
Adult use.

2016: Nev. Rev. Stat. § 557.010 to 557.080
Industrial hemp pilot program.

New Hampshire

Medically Legal

New Hampshire has enacted both medical cannabis and industrial hemp pilot programs.

2013: HB 573
Medical cannabis.

2016: N.H. Rev. Stat. Ann. § 433-C:1 to 433-C:3
Industrial hemp pilot program.

New Jersey

Legalization up to Interpretation

New Jersey has a medical cannabis program, but does not have an industrial hemp pilot program.

2009: SB 119
Medical cannabis.

New Mexico

Medically Legal

New Mexico has enacted both medical cannabis and industrial hemp pilot programs.

2007: SB 523
Medical cannabis.

2017: SB 6
Industrial hemp pilot program.

New York

Medically Legal

New York has legalized medical marijuana and has an industrial hemp pilot program. CBD sales in the state are commonplace

2014: A6357
Medical cannabis.

2016: N.Y. Agriculture and Markets Law § 505 to 508
Industrial hemp pilot program.

North Carolina

Mostly Illegal

North Carolina allows for CBD to be tested with intractable epilepsy patients. There is no medical cannabis laws, but the state has an industrial hemp pilot program.

CBD is still sold in the state but there have been reports of seizures by law enforcement.

2014: HB 1220 Epilepsy Alternative Treatment Act
Pilot Study.

2015: HB 766
Removes Pilot Study designation.

2016: N.C. Gen. Stat. § 106-568.50 to 106-568.54 and § 90-87(16)
Industrial hemp pilot program.

North Dakota

Legalization up to Interpretation

North Dakota enabled both a medical marijuana and an industrial hemp pilot program.

There are different interpretations to the law when it comes to CBD and other extracts. In some areas, CBD is sold with no issues, while in other areas there are seizures by law enforcement.

2016: Measure 5
Medical cannabis.

2016: N.D. Cent. Code § 4-41-01 to 4-41-03 and § 4-05.1-05
Industrial hemp pilot program.

Ohio

Legalization up to Interpretation

Ohio has passed a medical marijuana program. CBD can only be dispensed in a licensed Medical Marijuana Control Program Dispensary. There have been different interpretations in the law about CBD sales, but it is on the shelves in some stores that are not a licensed dispensary.

2016: HB 523
Medical cannabis.

Oklahoma

Medically Legal

Oklahoma approved a medical cannabis program and an industrial hemp pilot program, though neither program is operational yet.

2015: HB 2154
Medical CBD for minors with Lennox-Gastaut Syndrome, Dravet Syndrome, or other severe epilepsy.

2018: SQ 788
Medical cannabis.

2018: HB 2913
Industrial hemp pilot program.

Oregon

Legal

Oregon has a medical cannabis program, an industrial hemp pilot program, and has legalized cannabis for recreational use by adults.

1998: Oregon Medical Marijuana Act,
2007: SB 161
Medical cannabis.

2014: Measure 91
Adult use.

2016: Or. Rev. Stat § 571.300 to § 571.315
Industrial hemp pilot program.

Pennsylvania

Medically Legal

Pennsylvania has enabled medical marijuana use.  The state also has an industrial hemp pilot program.

2016: SB 3
Medical cannabis.

2016: Pa. Cons. Stat. Ann. tit. 3 § 701 to 710
Industrial hemp pilot program.

Rhode Island

Medically Legal

Rhode Island has both medical marijuana and industrial hemp pilot programs in place.

2007: SB 791,
2009: SB 185
Medical cannabis.

2016: R.I. Gen. Laws § 2-26-1 to 2-26-9
Industrial hemp pilot program.

South Carolina

Mostly Legal

South Carolina has enacted a medical CBD program for patients with severe epilepsy and it is legal so long as products contain less than 0.3% THC by weight. It also has an industrial hemp pilot program in place. Law enforcement officials have been known to seize CBD products without warning in order to test them.

2006: S.C. Code Ann. § 46-55-10 to 46-55-40
Industrial hemp pilot program.

2014: SB 1035 "Julian's Law"
Medical CBD.

South Dakota

Mostly Illegal

South Dakota does not have a medical marijuana or industrial hemp program in place. CBD is not considered marijuana but it is not entirely legal until the FDA approves CBD for products.

2017: SB 95
Medical CBD.

Tennessee

Mostly Legal

Tennessee has enabled CBD for medical use though law enforcement seizures continue to happen. The state also has an industrial hemp pilot program.

2016: Tenn. Code Ann. § 43-26-101 to 43-26-103
Industrial hemp pilot program.

2014: SB 2531,
2015: HB 197
Medical CBD.

Texas

Mostly Legal

Texas has a medical CBD law that protects patients using the cannabinoid for treatment-resistant epilepsy. It is sold in stores over the counter throughout the state, though until as recent as 2018, the state was planning to crack down on CBD sales.

2015: SB 339 Texas Compassionate Use Act
Medical CBD.

Utah

Medically Legal

Utah has passed a law that explicitly legalized CBD and a comprehensive medical cannabis program.

2014-2017: HB 105 Hemp Extract Registration Act "Charlee's Law"
2014: SB 130
Medical CBD.

2016: Utah Code Ann. § 4-41-101 to 4-41-103
Industrial hemp pilot program.

2018: Prop 2
Medical cannabis.

Vermont

Legal

Vermont has enacted both medical cannabis and industrial hemp pilot programs with limited adult recreational use.

CBD is widely produced and sold in the state.

2004: SB 76,
2007: SB 7,
2012: SB 17
Medical cannabis.

2016: Vt. Stat Ann. tit. 6 § 561 to 566
Industrial hemp pilot program.

2018: H.511 ACT 86
Adult use.

Virginia

Mostly Legal

Virginia has enabled laws that permit the use of CBD and THCA oil extracts for any diagnosed condition with a doctor's recommendation. The state also has an industrial hemp pilot program.

2015: HB 1445,
2015: SB 701,
2015: HB 1251
Medical CBD and THCA.

2016: Va. Code § 3.2-4112 to 3.2-4120
Industrial hemp pilot program.

Washington

Legal

Washington has a robust medical cannabis program, legal adult use, and an industrial hemp pilot program.

1998: Initiative 692,
2009: SB 5798,
2011: SB 5073
Medical cannabis.

2012: Initiative 502
Adult use.

2016: Wash. Rev. Code Ann. § 15.120.005 to 15.120.050
Industrial hemp pilot program.

West Virginia

Medically Legal

West Virginia enacted a medical cannabis law and it also has an industrial hemp pilot program in the state.

2016: Va. Code. § 19-12E-1 to 19-12E-9
Industrial hemp pilot program.

2017: SB 386
Medical cannabis.

Wisconsin

Mostly Legal

Wisconsin has enacted a medical CBD law and has an industrial hemp pilot program.

Hemp growers can legally produce CBD oil.

2013: AB 726,
2013: Act 267
Medical CBD.

2017: Wis. Stat. §94.55;
Wis. Stat. §94.67;
Wis. Stat. §97.02;
Wis. Stat. §348.27;
Wis. Stat. §961.14;
Wis. Stat. §961.32;
Wis. Stat. §961.442;
Wis. Stat. §961.55;
Wis. Stat. §973.01
Industrial hemp pilot program.

Wyoming

Mostly Legal

Wyoming does not have any medical cannabis laws in place, but CBD is legal for patients with seizure disorders. It also as an industrial hemp pilot program.

2015: HB 32
Medical CBD.

2017: Wyo. Stat. § 35-7-2101 to 35-7-2107
Industrial hemp pilot program.

Did you know that Hemp is now Federally Legal?

Last December, The United States Congress voted on the Agriculture Improvement Act of 2018, also known as the "Farm Bill." President Trump signed the bill on December 20th, 2018, enacting the long-awaited farm bill into law.

Aside from including policy extensions for agricultural and nutritional policy for the five years, the Farm Bill also explicitly legalized hemp — cannabis containing less than 0.3% THC — allowing for it to be cultivated and transported across state borders legally regardless of state programs.

In 1937, the Marihuana Tax Act and just over 30 years later the Controlled Substances Act (1970) failed to make a distinction between cannabis containing high volumes of THC versus cannabis that does not(hemp). As a result, these laws both banned hemp and classified it as a Schedule 1 substance along with cannabis containing THC. When the 2018 Farm Bill passed, this distinction was made, and therefore the prohibition has been lifted on hemp.

Many states have individual pilot programs in place for hemp research as a consequence of the 2014 Farm Bill, which allowed the states to create their own legislation for hemp should they choose to. Thes programs had to be approved by the U.S. Department of Agriculture (USDA) which imposed very high restrictions in how they were operated.

What Hemp Cultivation Restrictions are in place?


But with this Farm Bill, hemp will have much fewer restrictions as the sale and distribution of the plant are finally allowed to move across state borders without consequence. There are still some restrictions in place in that the bill has defined hemp as a cannabis plant with less than 0.3% THC within it, and penalties still exist for cultivators who produce cannabis with a higher percentage.

Beyond this restriction, the Farm Bill also presents the option for states to participate in the licensing and regulation of hemp as a joint effort. If the states choose to create a plan for hemp cultivation on a broader level, their departments of agriculture must submit regulation for approval by the USDA before it can begin.

Alternatively, for states that do not wish to participate, hemp growers can apply for a license from the USDA on their own, but it must comply with the federal program.

How has Hemp Research Protection Expanded?

When the 2014 Farm Bill was enacted, this created a massive wave of hemp support, spawning many breakthroughs in extracts research including programs for CBD - a nonpsychoactive cannabinoid - which is a big milestone for cannabis study.

This 2018 Farm Bill includes 2 relevant sections for furthering hemp research. 

  • Section 7501 adds hemp to the Critical Agricultural Materials Act 
  • Section 7605 extends protections for hemp research and researchers, including the environmental conditions in which hemp is cultivated.


These expansions in for hemp research will make studying the plant far easier to do, opening many possibilities in its diverse utility.


Does the 2018 Farm Bill Protect Farmers?


This legislation does include a provision (Section 11101) that aims to protect hemp farmers by adding them to the 1980 Federal Crop Insurance Act, enabling them to take out insurance against unexpected disasters that might result in crop losses during standard cultivation due to fires or drought.

This is a very important step forward given how rampant natural disasters have been in the last few years and how they may continue to ravage farm lands in the future.

How is Cannabidiol Production Affected?


The Farm Bill also includes a clause for cannabidiol and other extracts. 

  • Section 12619 removes CBD from the Schedule 1 classification of the Controlled Substances Act.

This could be misunderstood to mean the passage of this bill has legalized cannabidiol (CBD) because CBD can be derived from hemp, but it will continue to remain illegal federally.

  • Section 12619 claims that any cannabinoid derived from hemp would be considered legal so long as it is cultivated in a way that follows all regulations put in place by the Farm Bill, but it goes on to suggest that if ANY of the conditions are not met, then the cannabinoid produced would not be considered legal under the Controlled Substances Act.

So if CBD is cultivated from cannabis with higher than 0.3% THC, that would immediately disqualify the result as a legal CBD product, even though the result is the same product.

Exceptions to this rule exist in CBD products that have approval by the FDA, such as Epidiolex.

It is important to note that the Farm Bill will not change any existing state-level medicinal cannabis programs, even programs that produce CBD as a part of the program since the Farm Bill does not legalize medicinal cannabis at the federal level.

So even if a particular state has a medicinal cannabis program and CBD is produced under that program, the resulting CBD would still be considered illegal even though all the conditions in the bill are met.

Fortunately, the hemp legalization should boost the CBD industry as a whole, and help continue further study into CBD and other cannabinoids derived from hemp as a result. Much like how 2014's Farm Bill revolutionized hemp study, this 2018 Farm Bill plays a vital role in providing a much-needed stepping stone in cannabis research.

Where is Cannabidiol Legal in the USA?


Given the Farm Bill does not specifically legalize CBD, the determination of CBD's legal status is left to interpretation by the states. Scroll to the top of this page to check on this status by state.

We try to keep this page as up to date as possible, so if you notice there are any discrepancies in the information or if we are missing something important, please let us know so we can be as accurate as possible.

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