Is CBD Oil Legal in All 50 States?

Is CBD Oil Legal in All 50 States

The 2018 Farm Bill

CBD isn’t just a trend that’s going to lose momentum. It has become a way of life for many people in the USA. People are turning to CBD and hemp extract to help manage their stress, anxiety, pain, sleep issues, inflammation, and migraines. Still, many in the U.S. are cautious about the legality of buying CBD Oil in their state. This concern extends to purchasing CBD in local stores as well as when they are looking to buy CBD online. So, let’s break down the legal stature of CBD on the federal and state level to clear up the confusion. 

The 2018 U.S. Farm Bill legalized the cultivation of Registered United States Industrial Hemp with no more than 0.3% THC (Tetrahydrocannabinol). This federal law has recognized hemp as an agricultural commodity and has declassified CBD from a Schedule 1 substance to a Schedule 5 substance under the Controlled Substances Act.  

There are 5 classes of controlled substances. Schedule I classification implies that the drug has no medicinal benefits and prohibits research on the substance. Until 2018, THC had played the largest role in why cannabis was listed as a Schedule 1 drug. This is a result of the psychoactive effects of the THC cannabinoid. 

A Schedule 5 substance, on the other hand, is the lowest classification and is being ranked as less addictive with a lower potential for abuse. The FDA and DEA have stated that Schedule 5 substances may include analgesic, antitussive or antidiarrheal drugs. For instance, Lyrica and Robitussin AC are classified as Schedule 5. Schedule 5 substances do provide medicinal benefit, and thus this reclassification of hemp is much appreciated by researchers and consumers who are interested in hemp and CBD benefits.

In 2019 the U.S. Department of Agriculture announced the interim that explicitly allows hemp to be transported across state lines with compliance to state-approved programs. While federally, hemp-derived CBD is legal in all 50 states, consumers, retailers, manufacturers and farmers are still at the mercy of state laws so let’s take a deeper look.

What is the difference between hemp and marijuana?

The source of CBD not only determines the legality on a federal level, but also on a state level so let’s distinguish the difference between hemp and marijuana. Both are variants of the Cannabis Sativa species. However, the extent to which THC is present in the plant determines whether that cannabis plant is identified as hemp or marijuana. Hemp is discerned as having 0.3% THC or less; whereas marijuana is characterized as having more than 0.3% THC. 

CBD and THC are two of the most known and studied cannabinoids found in the Cannabis Sativa species. But they are very different. THC is psychoactive and associated with feeling “high.” On the other hand, CBD is not psychoactive so consumers won’t feel intoxicated. As such, CBD is gaining great popularity and research is showing CBD benefits a myriad of health conditions and may help support pain management, anxiety, stress, arthritis, premenstrual symptoms, migraines, sleep, and more.

In short, hemp-derived CBD is legal federally but marijuana-derived CBD is not legal federally. And while hemp-derived CBD is legal federally, each state governs their own laws in regards to the legality of CBD in their state. The state laws regarding CBD, hemp and marijuana are rapidly changing but some states still have conditions around their purchase. Thus, we recommend that you learn of your state laws and regulations before buying hemp or CBD products.

Is CBD Oil Legal in All 50 States?

minimum cbd dosage

At Veré, all of our CBD products are hemp-derived and comply with the U.S. Farm Bill as well as all state laws.

The demand for high-quality CBD oil is growing exponentially so let’s dive into the legality of hemp-derived CBD and marijuana-derived CBD in each state.

U.S. State
Hemp-Derived CBD For Any Use
Marijuana-Derived CBD For Medical Use
Alabama
Legal
Legal
Alaska
Legal
Legal
Arizona
Legal
Undecided
Arkansas
Legal
Legal
California
Legal
Legal
Colorado
Legal
Legal
Connecticut
Legal
Legal
Delaware
Legal
Legal
Florida
Legal
Legal
Georgia
Legal
Legal
Hawaii
Legal
Legal
Idaho
Legal (with restrictions)
Legal (with restrictions) only for Epidiolex
Illinois
Legal
Legal
Indiana
Legal
Illegal
Iowa
Legal
Legal
Kansas
Legal
Illegal
Kentucky
Legal
Illegal
Louisiana
Legal
Legal
Maine
Legal
Legal
Maryland
Legal
Legal
Massachusetts
Legal
Legal
Michigan
Legal
Legal
Minnesota
Legal
Legal
Mississippi
Legal
Illegal
Missouri
Legal
Legal
Montana
Legal
Legal
Nebraska
Illegal
Illegal
Nevada
Legal
Legal
New Hampshire
Legal
Legal
New Jersey
Legal
Legal
New Mexico
Legal
Legal
New York
Legal
Legal
North Carolina
Legal
Illegal
North Dakota
Legal
Legal
Ohio
Legal
Legal
Oklahoma
Legal
Legal
Oregon
Legal
Legal
Pennsylvania
Legal
Legal
Rhode Island
Legal
Legal
South Carolina
Legal
Illegal
South Dakota
Legal
Illegal
Tennessee
Legal
Illegal
Texas
Legal
Illegal
Utah
Legal
Legal
Vermont
Legal
Legal
Virginia
Legal
Legal
Washington
Legal
Legal
West Virginia
Legal
Legal
Wisconsin
Legal
Legal
Wyoming
Legal
Legal

Is CBD legal in Alabama?

Yes, hemp-derived CBD is legal to buy and sell in Alabama.

Is CBD legal in Alaska?

Yes, all CBD is legal to buy and sell in Alaska. This includes hemp-derived CBD and marijuana-derived CBD for medicinal and recreational use.

Is CBD Legal in Arizona?

Yes, hemp-derived CBD is legal to buy and sell in Arizona.

Is CBD Oil Legal in Arkansas?

Yes, hemp-derived CBD is legal to buy and sell in Arkansas.

Is CBD Oil Legal in California?

Yes, all CBD is legal to buy and sell in California. This includes hemp-derived CBD and marijuana-derived CBD for medicinal and recreational use.

Is CBD Oil Legal in Colorado?

Yes, all CBD is legal to buy and sell in Colorado. This includes hemp-derived CBD and marijuana-derived CBD for medicinal and recreational use.

Is CBD Oil Legal in Connecticut?

Yes, hemp-derived CBD is legal to buy and sell in Connecticut.

Is CBD Oil Legal in Delaware?

Yes, hemp-derived CBD is legal to buy and sell in Delaware.

Is CBD Legal in Florida?

Yes, hemp-derived CBD is legal to buy and sell in Florida.

Is CBD Legal in Georgia?

Yes, hemp-derived CBD is legal to buy and sell in Georgia.

Is CBD Oil Legal in Hawaii?

Yes, hemp-derived CBD is legal to buy and sell in Hawaii.

Is CBD Oil Legal in Idaho?

Yes, hemp-derived CBD with 0% THC is legal to buy and sell in Idaho, according to their laws here. Consumers can purchase a Broad Spectrum CBD Oil or a Pure CBD Oil.

Is CBD Legal in Illinois?

Yes, all CBD is legal to buy and sell in Illinois. This includes hemp-derived CBD and marijuana-derived CBD for medicinal and recreational use.

Is CBD Legal in Indiana?

Yes, hemp-derived CBD is legal to buy and sell in Indiana.

Is CBD Legal in Iowa?

Yes, hemp-derived CBD is legal to buy and sell in Iowa.

Is CBD Oil Legal in Kansas?

Yes, hemp-derived CBD is legal to buy and sell in Kansas.

Is CBD Legal in Kentucky?

Yes, hemp-derived CBD is legal to buy and sell in Kentucky.

Is CBD Legal in Louisiana?

Yes, hemp-derived CBD is legal to buy and sell in Louisiana.

Is CBD Oil Legal in Maine?

Yes, all CBD is legal to buy and sell in Maine. This includes hemp-derived CBD and marijuana-derived CBD for medicinal and recreational use.

Is CBD Legal in Maryland?

Yes, hemp-derived CBD is legal to buy and sell in Maryland.

Is CBD Oil Legal in Massachusetts?

Yes, all CBD is legal to buy and sell in MA. This includes hemp-derived CBD and marijuana-derived CBD for medicinal and recreational use.

Is CBD legal in Michigan?

Yes, all CBD is legal to buy and sell in Michigan. This includes hemp-derived CBD and marijuana-derived CBD for medicinal and recreational use.

Is CBD Oil Legal in Minnesota?

Yes, hemp-derived CBD is legal to buy and sell in Minnesota.

Is CBD legal in Mississippi?

Yes, hemp-derived CBD is legal to buy and sell in Mississippi.

Is CBD legal in Missouri?

Yes, hemp-derived CBD is legal to buy and sell in Missouri.

Is CBD Oil Legal in Montana?

Yes, hemp-derived CBD is legal to buy and sell in Montana.

Is CBD Oil Legal in Nebraska?

While Nebraska does has an industrial hemp pilot program, all forms of cannabis are greatly restricted and CBD is still covered in the legal definition of marijuana under Nebraska’s Uniform Controlled Substances Act

Nebraska passed LB 390 in 2015, allowing CBD to be prescribed for individuals with epilepsy who were accepted into the state Medical Cannabidiol Pilot Study. That study expired in 2019 and the State Attorney General released a statement noting that CBD is still classified as marijuana so the only other current legal exception for CBD products are drugs that have been approved by the FDA. To date, that only includes Epidiolex, a CBD oral spray for epilepsy.

Is CBD Oil Legal in Nevada?

Yes, all CBD is legal to buy and sell in Nevada. This includes hemp-derived CBD and marijuana-derived CBD for medicinal and recreational use.

Is CBD Oil Legal in New Hampshire?

Yes, hemp-derived CBD is legal to buy and sell in New Hampshire.

Is CBD Oil Legal in New Jersey?

Is CBD Legal in New Mexico?

Yes, hemp-derived CBD is legal to buy and sell in New Mexico.

Is CBD Legal in New York?

Yes, hemp-derived CBD is legal to buy and sell in New York.

Is CBD Legal in North Carolina?

Yes, hemp-derived CBD is legal to buy and sell in North Carolina.

Is CBD Oil Legal in North Dakota?

Yes, hemp-derived CBD is legal to buy and sell in North Dakota.

Is CBD Oil Legal in Ohio?

Yes, hemp-derived CBD is legal to buy and sell in Ohio.

Is CBD Oil Legal in Oklahoma?

Yes, hemp-derived CBD is legal to buy and sell in Oklahoma.

Is CBD Legal in Oregon?

Yes, all CBD is legal to buy and sell in Oregon. This includes hemp-derived CBD and marijuana-derived CBD for medicinal and recreational use.

Is CBD Oil Legal in PA?

Yes, hemp-derived CBD is legal to buy and sell in PA.

Is CBD Legal in Rhode Island?

Yes, hemp-derived CBD is legal to buy and sell in Rhode Island.

Is CBD Oil Legal in South Carolina?

Yes, hemp-derived CBD is legal to buy and sell in South Carolina.

Is CBD Legal in South Dakota?

On April 3, 2020 Kristi Noem signed the House Bill 1008 into effect, making it legal to grow, produce, transport, sell and buy industrial hemp plants and CBD Oil. Finally, hemp-derived CBD is legal in South Dakota.

Is CBD Legal in Tennessee?

Yes, hemp-derived CBD is legal to buy and sell in Tennessee.

Is CBD Legal in Texas?

Yes, hemp-derived CBD is legal to buy and sell in Texas.

Is CBD Oil Legal in Utah?

Yes, hemp-derived CBD is legal to buy and sell in Utah.

Is CBD Legal in Vermont?

Yes, all CBD is legal to buy and sell in Vermont. This includes hemp-derived CBD and marijuana-derived CBD for medicinal and recreational use.

Is CBD Legal in Virginia?

Yes, hemp-derived CBD is legal to buy and sell in Virginia.

Is CBD Legal in Washington?

Yes, all CBD is legal to buy and sell in Washington. This includes hemp-derived CBD and marijuana-derived CBD for medicinal and recreational use.

Is CBD Legal in West Virginia?

Yes, hemp-derived CBD is legal to buy and sell in West Virginia.

Is CBD Legal in Wisconsin?

Yes, hemp-derived CBD is legal to buy and sell in Wisconsin.

Is CBD Oil Legal in Wyoming?

Yes, hemp-derived CBD is legal to buy and sell in Wyoming.

Buy CBD legal online

The contents of this article is intended for informative purposes only. We strongly suggest you consult with your individual state’s Criminal Code for the most up-to-date regulatory information about CBD in your state. 

Last updated: April 2020

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