Cannabidiol (CBD) is legal across the United States, Washington D.C., the U.S. Virgin Islands, and Puerto Rico, but only under specific conditions. The legal protection applies solely to CBD derived from hemp plants containing less than 0.3% tetrahydrocannabinol (THC). CBD derived from marijuana is still subject to different legal regulations, which vary by state.

In 2018, the U.S. Congress passed the Farm Bill, which federally legalized the cultivation, production, sale, and possession of hemp. This legislation cleared the way for the widespread availability of hemp-derived CBD products. However, the legality of marijuana-derived CBD remains a legal gray area, dependent on state laws.

In this article, we’ll explore where CBD is legal in the United States, what restrictions exist, and how marijuana-derived CBD differs from hemp-derived CBD.

Disclaimer: The following information is not legal advice. CBD laws continue to evolve, so always verify the latest regulations with local authorities.

Is CBD Legal in All 50 States?

Currently, 47 U.S. states, plus the District of Columbia, allow the sale and use of hemp-derived CBD products. However, certain states have restrictions on the types of CBD products that can be sold.

States with No Restrictions on CBD Sales:

• Alabama
• Hawaii
• Illinois
• New Jersey
• New Mexico
• New York
• North Dakota
• Ohio
• Oklahoma
• Virginia
• Wyoming

States with CBD Restrictions:

The following states impose some restrictions on recreational CBD products:

• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Georgia
• Indiana
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nevada
• New Hampshire
• North Carolina
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Washington
• West Virginia
• Wisconsin

Note that medical marijuana cardholders may not face the same restrictions as recreational users in these states.

States Where CBD Is Illegal

Two U.S. states have laws prohibiting the sale and use of hemp-derived CBD products:

• Idaho: CBD products must meet two criteria to be legal: they must contain 0% THC (not just less than 0.3%), and they must be derived from certain parts of the hemp plant, as per Idaho Code § 37-2701(t).
• Nebraska: While hemp-derived CBD was decriminalized in 2019, the product must still contain less than 0.3% THC and adhere to specific manufacturing and testing regulations.

The Legal Gray Area: Marijuana-Based CBD Products

Unlike hemp-derived CBD, marijuana-derived CBD, which contains higher concentrations of THC, remains in a legal gray area. Some states allow the sale and use of marijuana-based CBD without a medical exemption, while others require a medical marijuana card or prescription.

In the following states, marijuana-derived CBD is legal for both recreational and medical use:

• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Hawaii
• Kansas
• Maine
• Michigan
• Nevada
• Oregon
• Vermont
• Washington

However, in some states, marijuana-derived CBD is only available to individuals with a medical marijuana card or an exemption for a diagnosed medical condition. These states include:

• Alabama
• Connecticut
• Delaware
• Florida
• Georgia
• Illinois
• Indiana
• Iowa
• Kentucky
• Louisiana
• Maryland
• Massachusetts
• Minnesota
• Mississippi
• Missouri
• Montana
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Pennsylvania
• Rhode Island
• South Carolina
• Tennessee
• Texas
• Utah
• Virginia
• West Virginia
• Wisconsin
• Wyoming

Final Thoughts

CBD laws in the United States vary by state and depend on the source of the CBD (hemp or marijuana). It’s crucial to stay updated on local regulations, especially when traveling, as laws continue to change. When in doubt, consult with local authorities or legal experts to ensure compliance with CBD laws in your area.

If you’re interested in using CBD products, whether for recreational use or chronic health conditions, consider applying for a medical marijuana card. Leafwell’s qualified doctors are available to guide you through the process in a virtual clinic, helping you obtain the benefits of medical cannabis legally and safely.