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Is CBD legal in all states?

Is CBD Legal in All States? The Real Answer

Is CBD legal in all states? The short answer is no.

The legalization of CBD is often a grey area. This is because each state has its own laws regarding CBD, but the federal law sometimes differs from those state laws.

The Difference Between Hemp and Marijuana

Hemp and marijuana are both different types of cannabis plants. Hemp and marijuana both have high amounts of CBD, but hemp has much less THC (the compound responsible for the characteristic “high”).

Because of this, CBD that comes from marijuana is still widely illegal. Hemp, on the other hand, was recently removed from the Controlled Substance Act, making it legal.

But that doesn’t mean CBD that comes from hemp is necessarily legal, too.

The Question of CBD

The FDA, or Food and Drug Administration, has the authority to regulate any products that contain CBD. Currently, the FDA is still evaluating the safety of CBD. Because of this, CBD isn’t legal for interstate commerce.

CBD legality

A State By State Guide to CBD Legalization

That doesn’t mean CBD isn’t legal in certain states.

Every U.S. state has a different opinion and its own laws regarding the legality of CBD. Most states have legalized the use of CBD in some way, especially for medical use.

Here’s a state by state guide to walk you through what you need to know.


CBD is legal to buy, sell, and produce in this state. You can also use and possess CBD for recreational use.


Alaska has a set of rules regarding the sale of CBD. If a business wants to sell CBD, they have to register with the Department of Natural Resources. However, it is, in general terms, legal in Alaska.


CBD is completely legal in Arizona. People can buy and use CBD without any loopholes.


Arkansas has also made CBD legal to buy and sell. Businesses don’t even need to have proper registration to sell CBD products.

CBD legal in california


As long as CBD isn’t part of a food product, it is legal in California. However, California still considers CBD in food or beverages illegal.


You can find almost any type of CBD product in this state, from food to lotions. CBD is completely legal in Colorado.


There are no specific rules and regulations you have to follow when it comes to CBD in Connecticut. You can buy and use CBD without a problem.


Delaware legalized CBD several years ago. You can buy and sell CBD in this state in any form you want.


CBD is legal in Florida. However, it is still unregulated. The Department of Agriculture and Consumer Services is still working on the regulations for CBD.


CBD isn’t legal in Georgia.

However, if someone has a THC Oil Registry Card, they can use oil that has a low THC level. Because of this, CBD is only legal if it has more than 5% THC, and only certain people can use it.


It is not legal to sell or process any type of CBD product in this state. If you have a medical prescription, however, you can use CBD.

cbd legal in hawaii


Most CBD contains a very small amount of THC. Anything with any amount of THC, no matter how small, is illegal in Idaho. Because of this, you can’t buy or sell much CBD here.


Illinois allows people to use CBD for medical conditions. But coming up on January 1, 2020, CBD will be completely legal.


CBD is legal in Indiana. You can both buy and sell this product here.


Businesses can sell CBD in Iowa, but they must have a dispensary license. That said, it is still legal for people to buy and use CBD products.


Kansas allows people with medical conditions to use CBD, but only if it has less than 5% THC. Others can use CBD if it is THC free.


CBD is legal in Kentucky. In fact, you can even grow your own hemp plants.


Louisiana still considers CBD an illegal substance. It doesn’t matter how much (or how little) THC it contains.


People can use CBD in Maine if they treat it as food. You can’t use CBD for medical conditions.


CBD isn’t legal in this state yet. However, it is in the process of becoming legal.


Currently, CBD is illegal in food, medical products, and other items. But Legislation is trying to reverse this.


CBD is legal in Michigan. You don’t even need a medical marijuana card.


CBD is legal in this state. However, it’s still a pretty new thing.


You can’t use CBD unless you need it for medical treatment. Even that is regulated.


If you have epilepsy, you can apply for a hemp registration card. Other than that, CBD is illegal.


Montana doesn’t have any laws that prohibit CBD. However, it doesn’t have any laws that allow it either.


CBD isn’t considered a controlled substance here. But there aren’t any protections for the sale of CBD.


CBD is legal in Nevada. However, you can’t use it as a food additive. 

New Hampshire

New Hampshire is similar to Nevada. CBD is legal, but it is illegal as a food additive.

New Jersey

CBD isn’t legal yet. However, CBD is in the process of being legalized in this state.

New Mexico

New Mexico legalized CBD recently. You can now sell, buy, and use CBD in this state. 

New York

CBD is illegal in food and drink. A law is currently pending to make CBD legal.

North Carolina

The only people who can use CBD in North Carolina are people suffering from epilepsy. CBD is illegal for everyone else.

North Dakota

Most CBD is still illegal here. You can only use CBD that has less than 0.3% THC.


Only regulated dispensaries can sell CBD in Ohio. And these dispensaries are designed for medical use.


CBD is legal in this state. However, each CBD product needs a label that describes the type and amount of CBD.

cbd legal in oregon


Some CBD is legal here. All CBD must be certified by a lab before it is considered legal.


CBD is only legal if it comes from hemp. Anything else must go through specific systems.

Rhode Island

You can buy and use both low and high THC CBD here. You have to go to certain medical marijuana dispensaries to get high THC products.

South Carolina

In general, CBD is illegal. People with severe seizure conditions can use it.

South Dakota

CBD is illegal in South Dakota. No exceptions. 


CBD is legal in Tennesse, but only certain types. It must have a THC level lower than 0.9%.


CBD is legal here. But this is only true if it has no THC.


You can use CBD in Utah in some cases. You must have a hemp extract registration card first though.

cbd legal in utah


You can both buy and sell CBD in Vermont. Any type of product is legal.


Like many other states, CBD is legal for use except as a food additive. Otherwise, you can use CBD without a problem. 


Washington has made CBD legal. You can buy it at any licensed marijuana store.

West Virginia

You can buy and use CBD legally in this state. You don’t have to worry about a lot of restrictions either.


CBD is only legal in Wisconsin if you have a medical prescription from a physician. Otherwise, you can’t use any type of CBD product.


This state now legally allows people to buy and use CBD products. This includes CBD infused foods.

cbd pre rolled hemp joints

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FDA Disclaimer

The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your health care professional about potential interactions or other possible complications before using any product. The Federal Food, Drug, and Cosmetic Act require this notice.

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