Is CBD Legal in All the 50 States? The Laws and Regulations

Is CBD Legal

Where is CBD legal, and can you travel with CBD products across different states? This is one of the worries of most CBD users. We ought to learn a bit about CBD intro to understand what its relay is and the confusion around it. We are going to look at B.D. Laws by the state since these laws vary in different states. CBD is an intoxicating compound from cannabis. In terms of abundance, it is the second most abundant cannabinoid after THC. CBD is famous for its potential medical benefits. It can be sourced both from marijuana and hemp plants. Hemp-derived CBD forms the basis of our discussion. Is CBD legal provided that it is sourced from Hemp? These are some of the questions we shall seek answers to in this post.

Where is CBD Legal?

So, where is CBD legal now that CBD has potential medical benefits? If you are among those people who are wondering which countries have legalized CBD, this is the place for you. We take a very brief tour across different continents to show you where CBD has and hasn’t been legalized.


The legality surrounding CBD is going to vary from one country to the other in Europe. All the same, the E.U. regulations have clearly stated that different CBD products must not contain THC that is more than 0.2%. This generally applies to all the countries belonging to the European Union. In Europe, products that have CBD are considered ‘novel foods.’ This is applied to all consumable products. There is no established history; hence, they are new.’ Products are termed as novel food when they can’t be shown to be in safe use long before 1997.

Despite CBD products being ‘new,’ these products can be sold in almost any European country. Part of the reason for this is that the WHO has classified them as well-tolerated with an excellent safety profile. Different CBD forms can be sold legally to E.U. members other than Slovakia, where banned. Additionally, the legal status of CBD is still unclear in Italy, where their supreme court banned the sale of ‘cannabis light.’

North America

CBD products from Hemp are legal at the federal level, meaning that they are legal in the 50 states in the United States. All the same, these products must not contain more than 0.3% of THC. 31 states and the District of Columbia in the U.S. have legalized the use of marijuana medically. At the same time, 11 states in the U.S. have legalized marijuana for recreational use. In Canada, cannabis products, among them marijuana, are legal both for medical and recreational use.

South America

The legality of CBD among other cannabis products varies from one country to the other in South America. For instance, Uruguay has legalized both medical cannabis and recreational marijuana. Additionally, other countries have relaxed laws regarding cannabinoids. For instance, Mexico and Colombia grant licenses for CBD products for sale provided that the THC content is below 1%. Brazil has only licensed the medical use of CBD products where the laws are expected to change shortly.


Being the largest continent, laws governing the use of CBD will definitely be diverse. All the same, there is just a single country where CBD is officially legal, and that one is India. Here, CBD products re-derived from Hemp with less than 0.3% THC are free to be bought by consumers.


In Africa, CBD is relatively new in the market. As such, there is currently less information on the laws that are surrounding the same. All the same, we suggest that it is assumed that CBD products aren’t legal for most African countries. His is based on the countries’ existing laws about cannabis. The only exception is South Africa, where CBD products have been legalized for sale. Restrictions are that one cannot advertise CBD as a curative treatment for whichever condition. Additionally, the maximum daily dosage allowed is 20mg. These laws are, however, being revisited.


Regulations about CBD products are stringent in Australia. This, therefore, means that these products are not available over the counter. In this case, cannabis oil has been considered a ‘scheduled product,’ meaning that they are available on prescription from doctors alone.

When planning to travel to other countries with CBD, it is advisable to do proper research to ensure that you follow the law.

A Quick History of CBD Legislation in the United States

For some background, Hemp is basically defined as the cannabis plant in the legislation. This is the case with just one difference; Hemp must not have more than 0.3% THC content. In short, it means that Hemp will never get you high. For several decades, the federal law failed to tell the difference between Hemp and other cannabis plants. All these were effectively illegal in the year 1937, according to Marihuana Tax Act. Later in 1970, it was formally illegal according to the Controlled Substances Act. This went ahead to ban all types of cannabis. Until 2018, the Farm Bill was passed into law, removing Hemp from its illegal status in most U.S. states and other parts of the world.

Is CBD Legal in All 50 U.S. States?

You need to note that the 2018 farm bill is not responsible for changing Hemp’s state legality and hemp-derived CBD. Even though the Senate version would have made Hemp legal worldwide, legalizing Hemp is left to the individual states according to the farm bill. CBD legality under state laws is often overlooked. This is the case especially for the legal consequences for consumers and businesses.

So, is CBD legal in all 50 states? As opposed to most people’s perception, CBD isn’t legal in all 50 states even after being gotten from Hemp. The reason for that is that every state has its (CSA) Controlled Substances Act, which is the mirror for the federal CSA. Not unless general hemp definition has been exempted from the state’s CSA, Hemp remains marijuana in the state. Below are classifications that generally reflect the lawful possession of products from CBD alone. Commercial manufacturing as well as distributing laws will always vary from one state to the other.

Hemp CBD products are legal for possession and not for sale in the following states:

  • Alaska
  • Alabama (as per A.G.)
  • Connecticut
  • California
  • Colorado
  • Florida
  • Georgia
  • Indiana (no smokables)
  • Illinois
  • Kentucky (no smokables)
  • Massachusetts (no smokables/food/supplements)
  • Maine
  • Missouri
  • Maryland
  • Minnesota
  • Michigan
  • North Dakota
  • New Mexico
  • Nebraska
  • New York (no smokables)
  • Nevada
  • New Jersey
  • Oregon
  • Ohio
  • Oklahoma
  • Texas (no smokables)
  • Tennessee (certified seed)
  • South Dakota (no smokables)
  • South Carolina (raw Hemp should have a license)
  • Vermont
  • Virginia
  • Wyoming
  • Washington
  • West Virginia

The legality of possessing CBD products as opposed to selling them varies from state to state. Otherwise, Hemp is charged like marijuana in different situations. The following states require patent registration. In other words, there is no CSA exemption:

  • Arkansas
  • Arizona
  • Hawaii Louisiana
  • Delaware
  • Iowa
  • Montana
  • Mississippi
  • North Carolina
  • New Hampshire
  • Rhode Island
  • Pennsylvania
  • Wisconsin
  • Utah


Products meant for human consumption are not permitted. These include teas, cigars, vape carts, flowers, etc. There is an overly restrictive law where CBD products are meant for industrial use.

Washington D.C.

this state classifies all the cannabis extracts as hashish. This is a term that wasn’t included during the legalization initiatives. It, therefore, means that possessing CBD is similar to possessing hashish. This could lead to severe consequences, and you even risk a jail term.

Under all circumstances, CBD products have been termed illegal in Idaho.

What Federal Law Says About CBD?

There are 2 different types of cannabis Sativa plants recognized by the federal government, known as Hemp and marijuana. Of the two, marijuana is the most popular being known to contain THC. It is the compound that leads to psychoactive effects. Additionally, it contains CBD, known for its therapeutic benefits even though the CBD content is shallow.

On the other hand, Hemp has exceptionally high CBD contents with only a few THC traces. According to the 2018 farm bill that was later signed into law in December of 2018, CBD sourced from Hemp is legal. All the same, it must not contain more than 0.3% THC. THEREFORE, the CBD federal law states that hemp-derived CBD is legal when its THC content is below 0.3% THC.

What Did State Laws Say About CBD?

Is CBD legal according to state laws? Even though the government has approved CBD derived from hemp plants, individual states are responsible for the laws. Given that different states are changing the laws every now and then, they are never the same with the federal regulations. For example, Texas just allowed the cultivation and growing of industrial Hemp. On the other hand, Idaho has considered the production of the same as illegal. The good thing is that organizations maintain online databases with the recent state laws about CBD. This way, it becomes straightforward to access the hemp policies.

What to look for Finding Approved CBD Products

Is CBD legal in your state? If yes, it is essential to make sure that you are using high-quality CBD and that it comes from reliable sources. Below are some of the things that you need to look for when looking for approved CBD products;

Extraction Method

Quality CBD oil uses safe solvents such as CO2 in extracting the needed compounds. This will guarantee a safe extract that is free from residues.

Naturally-Grown Hemp

the hemp plant absorbs all the things from the soil that it grows in. other than absorbing vitamins and minerals, it can absorb harmful substances as well. Safe CBD products should come from naturally-grown Hemp from fields that have been tested by the government to be free from toxic substances.

Product Label

Quality CBD products tell you the amount of CBD present right from the label. This way, you can quickly tell whether the potency in that product is right for you. CBD oils should have at least 250mg of CBD in a 10ml container.

Third-Party Lab Results

Before buying CBD products, check for third-party lab results from an independent lab. Reputable companies make this information easily accessible to the public. For instance, you can see this on the label or published COA on the website.

Less than 0.2% THC

quality CBD products should allow you to take advantage of CBD instead of the intoxicating THC. As such, these products should have shallow THC content that does not exceed 0.2%. The certificate of analysis should clearly demonstrate that.

Sourced from Whole-Plant Extracts

CBD products should be produced from whole-plant extracts instead of CBD isolates. This is the case if the user wants to benefit from other cannabinoids from Hemp other than CBD. There should be no exaggerated medical claims. The price should not be too reasonable to be true.

Final Thoughts

This marks the end of this post, and we hope that you have learned more about the legal status of CBD. As we mentioned, the legality of CBD will vary from one state to the other. We, therefore, believe that you have answers to the question of “Is CBD legal in my state?” when planning to visit different states in possession of CBD products, it is good to have a clear understanding of each state’s CBD laws. This will make sure that you are always on the right side of the law.

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