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Is CBD legal in all states?
The short answer to this question 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.

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. 

Alabama 

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

Alaska 

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. 

Arizona 

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

Arkansas 

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

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. 

Colorado 

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

Connecticut 

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 

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

Florida 

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. 

Georgia

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. 

Hawaii 

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. 

Idaho

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

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

Indiana 

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

Iowa 

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 

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. 

Kentucky 

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

Louisiana 

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

Maine 

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

Maryland 

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

Massachusetts 

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

Michigan 

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

Minnesota 

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

Mississippi 

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

Missouri 

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

Montana

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

Nebraska

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

 Nevada 

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. 

Ohio 

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

Oklahoma 

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

Oregon

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

Pennsylvania

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. 

Tennessee 

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

Texas 

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

Utah 

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

Vermont 

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

Virginia 

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

Washington  

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. 

Wisconsin 

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. 

Wyoming

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

Is CBD Legal in All States? The Real Answer to CBD Legalization 

So is CBD legal in all states?

The short answer is no, but the longer answer is a little more complicated. Most states allow CBD use in some form, but before you buy CBD or travel with it, make sure you read up on state CBD laws. 

Want to learn more about CBD?

Check out our CBD 101 Page.

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