Is CBD Oil Legal in All 50 States?

Is CBD Oil Legal in All 50 States?

Recently, there has been a significant shift in cannabis laws in the United States, which has brought changes to CBD laws as well. This brings up the question, “Is CBD oil legal in all 50 states?” The short answer to this question is yes; and no. Here, we will go into detail about the legality of CBD oil in each state.

At the federal level, CBD oil is legal. However, states are still within their rights to pass their own laws and regulations regarding CBD oil use. Because of the differing rules and regulations, it can be challenging to keep up with whether or not it is legal in your state. The legality of CBD oil can be affected by the intended use and the way it was made.

Table of Contents

What is CBD oil?

CBD is the abbreviation for cannabidiol, derived from the hemp plant, and is one of 100+ components of cannabis. According to Harvard Health, CBD is derived directly from the hemp plant. The oil has demonstrated positive effects for those suffering from epilepsy, cancer, Alzheimer’s disease, arthritis, and type 1 diabetes. Studies suggest that CBD can help with depression, nausea, anxiety, and sleep disorders.

Though marijuana and hemp are part of the cannabis family, their chemical makeups are different; the most notable difference being the amount of THC in each. According to the USDA, industrial hemp contains less than 1% THC. Most developed countries permit the growth of these plants but require that the varieties used contain less than 0.3% THC. However, just because these plants are legal at the federal level does not mean that each state permits them and CBD oil production from them.

According to the CBD Awareness Project, all products derived from hemp are legal in all 50 states at the federal level as of December of 2018. However, specific states have other laws and regulations against them. There are 11 states and one district in which recreational marijuana-derived CBD is legal as of 2018: Alaska, California, Colorado, Illinois, Nevada, Oregon, Massachusetts, Maine, Michigan, Vermont, Washington, and Washington DC. There are three more states that allow the use of this type of CBD oil for recreational purposes than in 2018.

At the time of writing, 36 states have legalized medical marijuana use. According to the National Conference of State Legislatures (NCSL), 11 states have a program in place for the use of low-THC CBD products for medical reasons, including Alabama, Indiana, Iowa, Kentucky, Georgia, North Carolina, South Carolina, Tennessee, Texas, Wisconsin, and Wyoming. The amount of THC allowed varies by state.

The Farm Bill

The Farm Bill, passed in 2014, put in place a pilot research program that authorized universities and state agriculture departments to study and grow hemp under certain conditions. However, the new 2018 Farm Bill will further change the way we can grow and study hemp and CBD.

When President Trump signed the 2018 Farm Bill, officially known as the “Agriculture Improvement Act of 2018,” hemp was removed from the controlled substances list, and many restrictions surrounding hemp were lifted. It was an act that would change the future of many farmers and people all over the nation for the better.

Although hemp looks very similar to marijuana and is part of the same family, as mentioned earlier, they are very different. Unfortunately, the similarities they do have kept hemp from being available for many years. However, because of the new Farm Bill, its many benefits can now be utilized, and the stigma that was attached to it is beginning to fade away. This bill is a giant step forward for the use of CBD products.

Although hemp has been removed from the controlled substances list and production is allowed in every state, each state is still able to regulate hemp and CBD products. Even though the new bill opens up many doors for the hemp industry, there are still some restrictions in certain states. These restrictions mainly apply to how much THC is in the CBD oil.

The new bill will allow more freedom for farmers, scientists, and producers to learn more about CBD and produce more CBD products.

Closing Thoughts

While yes, CBD is considered legal as long as it is derived from hemp, there are several other variables to take into consideration. Many states have their own rules and regulations on CBD, and, unfortunately, these rules and regulations change often, so keeping up with the latest news and laws is the only way to ensure that you stay out of trouble and within the law.

Intrinsic Hemp uses 100% legal hemp grown in Kentucky and Colorado, which is covered by the 2018 Farm Bill. All of our products contain THC levels within the legal limit. You never have to worry about getting a product that is not legal or safe to use.

All of our products have Zero THC, ND THC, or <0.3% THC in the title line.

Zero THC: Absolutely no THC (CBD Isolate)
ND THC: THC has been removed and should be non-detectable (Broad Spectrum)
<0.3% THC: Has THC, but less than 0.3% as required by law (Full Spectrum)

*The legal landscape surrounding CBD is not entirely clear. Intrinsic Hemp does not provide legal advice, and we recommend that you check your state laws to determine for yourself if CBD is legal in your state.

The Legal Status of CBD in Each State as of 2021

Is CBD Oil Legal in Alabama?

Alabama Attorney General Steve Marshall issued a public notice in 2018 legalizing industrial hemp and CBD in the state. The public notice states, “CBD derived from industrial hemp, with a THC concentration of not more than 0.3%, can be legally produced, sold, and possessed in the State of Alabama.” This also applies to CBD derived from marijuana with a THC concentration of less than 0.3%.

Is CBD Oil Legal in Alaska?

In 2018 the Governor of Alaska, Bill Walker, passed legislation that legalized industrial hemp and CBD in Alaska. CBD oil with less than 0.3% THC is legal in Alaska whether it is sourced from hemp or marijuana.

Is CBD Oil Legal in Arizona?

The passing of Article SB 1098 in 2018 legalized industrial hemp and CBD products with less than 0.3% THC content in Arizona. For licensed patients, marijuana-based CBD products are allowed under the Arizona Medical Marijuana Act.

Is CBD Oil Legal in Arkansas?

In Arkansas, CBD oil is welcome and easily found. Hemp-derived and marijuana-derived CBD oil are both legal if they contain 0.3% THC or less.

Is CBD Oil Legal in California?

The “Golden State” has legalized CBD, hemp, and marijuana for both medical and recreational use. California residents can enjoy CBD in many forms and can purchase CBD in stores or online at intrinsichemp.com.

Is CBD Oil Legal in Colorado?

Colorado was the first state to legalize marijuana for recreational use. CBD oil and hemp products of all kinds are legal and readily available in Colorado.

Is CBD Oil Legal in Connecticut?

Governor Dannel Malloy signed a bill legalizing industrial hemp and CBD in the state. There is a variety of CBD oil and other products available in Connecticut without a prescription.

Is CBD Oil Legal in Delaware?

Residents of Delaware can purchase CBD derived from industrial hemp. The CBD oil must contain less than 0.3% THC to be considered legal in Delaware. Delaware residents can purchase CBD oil from stores in the state or online at Intrinsichemp.com.

Is CBD Oil Legal in Florida?

In Florida, people are waking up to the power of industrial hemp as medical dispensaries are popping up all over the state. Florida law “does not prohibit the smoking of or vaping of hemp. However, smoking hemp should not create a psychotropic effect.”

Is CBD Oil Legal in Georgia?

Thankfully, CBD is available to Georgia residents without restriction. While there are restrictions on marijuana in Georgia, CBD oil with less than 0.3% THC is available without a prescription and can be purchased in stores or online.

Is CBD Oil Legal in Hawaii?

All kinds of CBD products are available to purchase in Hawaii without a prescription. Hawaii is a leader in support of medical marijuana and also strongly supports the use of CBD.

Is CBD Oil Legal in Idaho?

CBD products derived from industrial hemp are readily available across the state of Idaho without a prescription. However, the oil cannot contain any amount of THC (not just under 0.3%) and cannot be deemed “marijuana”.

Is CBD Oil Legal in Illinois?

Industrial hemp-derived CBD products are legal to purchase in stores or online in Illinois. The state has also already introduced hemp cultivation programs.

Is CBD Oil Legal in Indiana?

In 2018, Indiana’s Governor Eric Holcomb signed a bill into law that removed all restrictions from the use of hemp-derived CBD products. The bill demands CBD products must be derived from industrial hemp and not marijuana, as well as be tested by a third party to guarantee that it contains less than 0.3% THC.

Is CBD Oil Legal in Iowa?

While CBD is available in Iowa, the legal status remains foggy. While CBD containing less than .3% THC does seem to be protected under the 2014 farm bill, the state’s definition of marijuana still makes the status unclear. The definition states that “every compound” of the cannabis plant is illegal. This would include CBD. However, the Iowa Department of Public Health has implemented a medical care program for CBD use.

Is CBD Oil Legal in Kansas?

Unlike Iowa, in 2018, the state removed CBD from its controlled substances list. Kansas passed a law allowing the cultivation of industrial hemp and the legalization of CBD.

Is CBD Oil Legal in Kentucky?

Kentucky Governor Steve Beshear signed a law into proposal in 2014 that intended to allow patients to use CBD for medical purposes if directed by a physician. The law went into effect immediately. Now, CBD is widely available across the state.

Is CBD Oil Legal in Louisiana?

CBD is legal and can be purchased without a prescription in Louisiana. The state has also passed legislation in support of medical marijuana.

Is CBD Oil Legal in Louisiana?

Industrial hemp and CBD are available in Maine in stores or online without a prescription. Maine is also in favor of hemp to be used in a wide variety of other products. The Maine Hemp Association states, “Industrial hemp is a renewable, sustainable, and environmentally friendly alternative to our toxic and nonrenewable resources that we consume today.”

Is CBD Oil Legal in Maryland?

CBD hemp oil can be purchased in Maryland without a prescription. The state also provides medical marijuana to its residents with a prescription for it.

Is CBD Oil Legal in Maryland?

CBD and hemp oil are available to purchase in the state of Massachusetts. The state also allows the use of recreational marijuana within certain uses and regulations.

Is CBD Oil Legal in Michigan?

CBD oil is available across the state of Michigan and online. The state is also taking action to encourage the production of industrial hemp and CBD products. “CBD products produced from marijuana will not be regulated as marijuana if the THC content is below 0.3%.”

Is CBD Oil Legal in Minnesota?

CBD derived from industrial hemp is legal across the state of Minnesota. “Minnesota has an opportunity to be on the cutting edge of an emerging industry that will have exceptional benefits for Greater Minnesota and our state as a whole.” – Mary Franson, Minnesota State Representative.

Is CBD Oil Legal in Mississippi?

CBD oil that is extracted from hemp and contains less than .3% THC is legal in Mississippi. Many different CBD products can be purchased and enjoyed across the state.

Is CBD Oil Legal in Missouri?

In 2014 Missouri passed legislation that allows the cultivation of industrial hemp on state soil, and in 2018 the state allows marijuana for medical use. State residents are also free to purchase CBD and hemp products across the state or online.

Is CBD Oil Legal in Montana?

Hemp and CBD oil are available across the state of Montana without any restrictions. The state has also made medical marijuana available to its residents.

Is CBD Oil Legal in Nebraska?

In Nebraska, the laws on CBD remain relatively restrictive. While CBD oil with less than 0.3% THC is no longer on the federal controlled substances list, the law leaves regulating CBD oil to the individual states. Currently in Nebraska, CBD is only available to those with seizures if prescribed by a physician.

Is CBD Oil Legal in Nevada?

CBD is legal and available in Nevada. Nevada has also been legally growing hemp since 2008. All forms of cannabis, including medical and recreational marijuana, are available to the residents of Nevada.

Is CBD Oil Legal in New Hampshire?

CBD oil extracted from industrial hemp is legal and available in the state of New Hampshire. There are several CBD products available to all New Hampshire residents.

Is CBD Oil Legal in New Jersey?

CBD oil is available in New Jersey without restrictions. Medical marijuana and high-THC CBD products are also available to those who suffer from certain ailments or illnesses.

Is CBD Oil Legal in New Mexico?

CBD oil extracted from hemp can be purchased in New Mexico without a prescription. Medical marijuana is also available, but with a prescription from a doctor.

Is CBD Oil Legal in New York?

New York has just become the most recent state to legalize recreational marijuana (as well as medicinal). CBD oil and products are readily available for all residents without a prescription.

Is CBD Oil Legal in North Carolina?

CBD oil, as well as other CBD products, can be purchased across the state of North Carolina in stores or online. The Industrial Hemp Pilot Program under The Agricultural Act of 2014 provides that certain research institutions and state departments of agriculture may grow industrial hemp.

Is CBD Oil Legal in North Dakota?

North Dakota has welcomed hemp for many years now. Hemp products and CBD products extracted from hemp are available to its residents. The state is also currently implementing a medical marijuana bill.

Is CBD Oil Legal in Ohio?

CBD products are legal in Ohio, but the laws surrounding it are a bit hazy. Currently, you can only purchase CBD oils and products from a licensed dispensary that is a part of the state’s sanctioned medical marijuana program.

Is CBD Oil Legal in Oklahoma?

Oklahoma is a state that seems to value CBD and its benefits. Hemp and CBD products are freely available across the state of Oklahoma, including to minors with certain forms of epilepsy.

Is CBD Oil Legal in Oregon?

CBD oil and other CBD products are widely available across the state of Oregon. Not only that, all forms of cannabis, including medicinal and recreational marijuana, are considered legal in Oregon.

Is CBD Oil Legal in Pennsylvania?

Hemp-derived CBD products can be purchased in Pennsylvania by anyone if the THC content is less than 0.3%. High-THC CBD products may be purchased by people with existing medical conditions and who are registered under the medical marijuana program. Hemp is also currently being grown in the state of Pennsylvania.

Is CBD Oil Legal in Rhode Island?

Rhode Island has proven to be a very progressive state and is on board with the production of hemp throughout the state. Medical Marijuana is also available to the residents of Rhode Island.

Is CBD Oil Legal in South Carolina?

A wide variety of hemp products, from CBD oil to CBD edibles, are available to purchase across South Carolina. The growth of industrial hemp is also legal throughout the state. CBD or hemp products must contain less than .3% THC.

Is CBD Oil Legal in South Dakota?

In 2020, South Dakota passed a bill legalizing the cultivation of industrial hemp with a THC content of below 0.3%. However, the bill did not mention CBD oils. Therefore, it is still considered a controlled substance and is illegal in the state.

Is CBD Oil Legal in Tennessee?

Customers do not need a prescription to purchase CBD products containing less than .3% THC in the state of Tennessee. Many CBD products are available to Tennessee residents, including CBD oil.

Is CBD Oil Legal in Texas?

CBD oil and other CBD products containing less than .3% THC are available and free to purchase in the state of Texas.

Is CBD Oil Legal in Utah?

CBD oil is very popular in Utah. CBD oil and other CBD products containing less than .3% THC are free to purchase and widely available in the state of Utah.

Is CBD Oil Legal in Vermont?

Hemp-derived CBD products may be legally bought and sold in Vermont. A new Act also allows people registered with the Agency of Agriculture Food & Markets to cultivate industrial hemp in Vermont. Talking about hemp the Act states that it “has numerous beneficial, practical, and economic uses including high-strength fiber, textiles, clothing, biofuel, paper products, protein-rich food containing essential fatty acids and amino acids, biodegradable plastics”.

Is CBD Oil Legal in Virginia?

CBD products containing less than .3% THC are available across the state of Virginia. CBD can easily be purchased in this state over-the-counter. Terpenes and other hemp products are also widely available.

Is CBD Oil Legal in Washington?

CBD extracted from hemp can be enjoyed in a large variety of ways throughout Washington. CBD products can be purchased over-the-counter without a prescription in Washington.

Is CBD Oil Legal in West Virginia?

West Virginia adheres to federal laws, meaning that the Farm Bill passed in 2018 gives West Virginia residents the ability to purchase and use CBD oil. CBD products are legal to purchase across the state of West Virginia.

Is CBD Oil Legal in Wisconsin?

Residents across the state of Wisconsin are free to purchase CBD oil and other CBD products that contain less than .3% THC. However, if plants contain more than .3% of THC during the growing process, authorities have been known to burn all crops on the spot in some counties.

Is CBD Oil Legal in Wyoming?

The state of Wyoming is a strong supporter of hemp and CBD products. Residents can purchase CBD oil and other CBD products across the state. The legalization of medical marijuana was proposed but did not pass in this year’s session. However, CBD products containing less than 0.3% THC are legal and easily available.

These statements have not been evaluated by the Food and Drug Administration. Products discussed are not intended to diagnose, treat, cure, or prevent any disease.

Due to FDA Regulations, we recommend that you do your own research on CBD products. We also suggest that you read the reviews on our website, where our customers record their real-world results of using our products.

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