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Is CBD Oil Legal in Your State?

By Alan Paul

February 24, 2019 in CBD Blog
Picture of the United States map showing CBD legality

Table of Contents:

Updated: June 9, 2019

CBD is becoming a major product in the health and wellness industry as a natural alternative to many modern medicines. The US Farm Bill in 2018, therefore, came as good news to all enthusiasts whereby commercial production of hemp was legalized all across the US. But what does this mean to you?

As somebody interested in the CBD extracts from the cannabis plant, does this mean that you can produce it at will? Or even, is CBD legal to use in your state? Well, all this depends on the state you are in, so let’s find out if CBD is legal in your area.

We've created an interactive map below, which you can click on the reveal the current CBD guidelines and legislation for your state:

Is CBD Oil Legal in Alaska?

Recreational Marijuana was legalized in Alaska in 2014. More recently, as well, in 2018, the governor of Alaska passed legislation that legalized industrial hemp as well.In the new law, hemp was differentiated from marijuana making CBD oil made from the hemp plant legal. CBD can be purchased legally as long as it contains less than 0.3% THC.

Alaska is one of the states where marijuana is legal for both medical and recreational purposes, although there are regulations for each of these uses.

Is CBD Oil Legal in Alabama?

Alabama’s laws remain a little bit tight when it comes to the Cannabis plant. Being one of the stricter states, it recently loosened its reigns in 2018 by allowing for CBD oil made from industrial hemp to be legal. It should have no more than 0.3% THC and can be sold and produced locally.

Is CBD Oil Legal in Arizona?

While having or growing cannabis is illegal in Arizona, purchase, and use of CBD is not. This is because CBD is not listed under the controlled substances. There are steps to start growing the industrial hemp within Arizona one of them being that you will need to get a license from the Arizona Department of agriculture.

Is CBD Oil Legal in Arkansas?

The Arkansas Industrial Hemp Act of 2017 legalized the use of CBD that has 0.3% THC or less.Anything higher than that is regarded as medical marijuana which one needs to have the authorization to have by being a qualified patient.

Is CBD Oil Legal in California?

CBD use continues to be a matter of contention in California. While it was one of the first states to legalize medicinal and adult use of marijuana, CBD use, especially as a food additive, has been questioned. CBD from hemp was banned in this state citing the reason that industrial hemp is grown for industrial purposes and not for human consumption.

You can still purchase cannabis CBD products from licensed sellers. The ban is simply a way to regulate the production of CBD, allowing only licensed producers to continue.

Is CBD Oil Legal in Colorado?

Colorado is one of the states that enjoy complete legalization of marijuana use. However, when it comes to industrial hemp, one has to be registered with the Colorado Department of Agriculture to grow it. You will be more likely to find THC infused CBD than the pure CBD substance in dispensaries across Colorado.

Is CBD Oil Legal in Connecticut?

CBD is legal in Connecticut depending on where it is derived from the industrial hemp plant.The fiber, hemp stalks, and seeds are excluded from what constitutes a controlled substance. You can find different types of CBD such as vape oils, edibles, and creams that you can purchase and use.

Is CBD Oil Legal in Delaware?

CBD from hemp is legal in this state, including both its production and consumption; this was made possible by the enactment of the 2014 House Bill 385. Medical cannabis is allowed conditionally depending on the type of illness one is suffering from.

Is CBD Oil Legal in Florida?

CBD oil with low THC content is legal only for medical card holders in Florida. To get this card you have to be approved by a doctor as having a condition under the list of conditions allowed to take medical marijuana. However, if you would like to get your hands on the CBD without the card, you can still purchase the kind made from hemp as it has minimum to no THC.

Is CBD Oil Legal in Georgia?

Georgia is a stricter state when it comes to cannabis products. Medical marijuana is illegal in Georgia. However, there are recent laws that give qualified individuals a Low THC Oil Registry Card, allowing them to have CBD with low THC content legally.While stores are not authorized to sell the substance, a qualified person found in possession of it will not be prosecuted.

Is CBD Oil Legal in Hawaii?

Recreational marijuana might be illegal in Hawaii, but CBD oil from hemp isn’t. You can walk into any store in the state and buy the substance in whichever form whether cream or drops and any other without facing any legal issues.

Is CBD Oil Legal in Idaho?

The state of Idaho is extremely keen on its laws against drugs. The use of CBD oil had been legalized in 2015 for children with conditions like epilepsy, a decision that was vetoed soon after by the governor who saw it as compromising the drugs law.Medical and recreational use of cannabis is not allowed in Idaho.

Is CBD Oil Legal in Illinois?

There was a pilot program started in 2014 that allowed institutions to cultivate industrial hemp. The law remains murky on whether CBD is legal or not, but you can find it in most stores, the only downside being the lack of regulations around it. Therefore, you don’t know exactly what you are purchasing locally. Therefore using a trusted supplier is essential.

Is CBD Oil Legal in Indiana?

Governor Eric Holcomb legalized CBD that has low THC content in 2018 which means that one can legally buy, possess and sell the product as long as THC levels are below 0.3%.

Is CBD Oil Legal in Iowa?

CBD is readily available in Iowa although it is legal only for card-holding patients. The stores continue to sell the product in an unregulated manner.

Is CBD Oil Legal in Kansas?

CBD was recently made legal in this state following the US Farm Bill that saw the legalization of industrial hemp. Only the strains without traces of THC are legal and anyone can own, buy or sell it across the state.

Is CBD Oil Legal in Kentucky?

As long as it contains less than 0.3% of THC, CBD oil is legal in the state; this law was passed in 2017. Medical marijuana is also allowed for patients suffering from specific illnesses if it contains less than 0.3% of THC.

Is CBD Oil Legal in Louisiana?

CBD is illegal in Louisiana, together with the use of marijuana for recreational purposes. The state does have provisions that allow physicians to prescribe medical marijuana to patients. The state does not distinguish between CBD from hemp and that from marijuana, as of an official document from November 2018.

Is CBD Oil Legal in Maine?

CBD is legal in Maine, and you can get it without a medical card. The State recently allowed for business to business sales of CBD, which then increases economic opportunities for the stores and hospitals.

Is CBD Oil Legal in Maryland?

The legal state of CBD in Maryland is very conditional. For starters, you can only legally have it if it is prescribed to you by a licensed doctor. They also follow the rule of 0.3% THC levels, where anything above that is deemed illegal. It is also illegal to use marijuana for recreational purposes.

Is CBD Oil Legal in Massachusetts?

CBD extracted from hemp is legal in Massachusetts. You can purchase medical marijuana if it's prescribed to you by a physician, and even use marijuana for recreational purposes but within the stipulated limits. You can be in possession of and grow your marijuana within limits set by the state, such as having not more than a 60-day supply.

Is CBD Oil Legal in Michigan?

Not only can you buy CBD in Michigan but you can also grow the hemp that it is extracted from in your farm as an alternative agricultural product. The farming and sale of hemp and hemp-derived products have been emphasized on in the state. Smoking marijuana privately was also legalized towards the end of 2018, making it one of the more flexible states when it comes to cannabis and CBD use.

Is CBD Oil Legal in Minnesota?

Minnesota has a program that allows patients to use medical marijuana when it is prescribed by a physician. There are also no laws against the use of CBD made from hemp, making the use of this substance unregulated.

Is CBD Oil Legal in Mississippi?

The use of CBD oil in Mississippi is very conditional. It remains one of the states that are still very strict on the ban against marijuana. Medical marijuana and marijuana for recreational purposes are still illegal. However, CBD oil can be used when prescribed and under the supervision of a qualified doctor. The product must contain 15% or more of CBD and less than 0.5% of THC.

Is CBD Oil Legal in Missouri?

You can only have or use CBD as a patient using it as an alternative form of treatment and especially for those with epilepsy. One must have a valid card to purchase the product, which you get from the department of health and senior services. A bill was recently passed in 2018 allowing for the growing and processing of hemp in the state, but the conditional use of CBD remains.

Is CBD Oil Legal in Montana?

Industrial hemp is recognized as an agricultural crop in Montana since 2001. There is a pilot program through which the plant can be grown. You can legally buy CBD made from hemp any time with no special permission. However, CBD made from marijuana requires the user to be enrolled in the medical cannabis program.

Is CBD Oil Legal in Nebraska?

There has been a lot of contention on whether or not CBD is legal in Nebraska as people interpret the set laws differently. While you can find the product in many stores, some state offices still claim that it is illegal, and is considered as marijuana. Possession of hemp has only been authorized in a hemp research program at a university in Nebraska. CBD is therefore currently illegal in Nebraska.

Is CBD Oil Legal in Nevada?

Nevada has legalized the use of marijuana for recreational purposes and also allow for one to use all forms of CBD without a prescription.

Is CBD Oil Legal in New Hampshire?

Both types of CBD are legal in New Hampshire; the conditions around each type are what differ. You can purchase CBD from hemp any time without restrictions as the state acknowledges that it is basically THC free. On the other hand, with CBD from marijuana, one must have a medical card qualifying him or her to a prescribed dose of the product.

Is CBD Oil Legal in New Jersey?

New Jersey allows both the use of CBD from hemp and marijuana. The use of CBD from Marijuana, however, is restricted to only patients in the program for medical marijuana.To get to this program, one needs for a doctor to have attested to their debilitating medical conditions.

Is CBD Oil Legal in New Mexico?

You can purchase CBD anywhere in New Mexico whether you are a licensed medical marijuana user or not. There is also an industrial hemp pilot program where the state produces its own industrial hemp.

Is CBD Oil Legal in New York?

The existence of CBD in New York is fairly new as compared to other states. The state, in line with the country’s passed Farm Bill, legalized the use and sale of CBD. Up until very recently in mid-2018, the use of CBD as an additive to food was banned in a bid to regulate CBD use in the state.

Is CBD Oil Legal in North Carolina?

Marijuana is illegal in North Carolina while CBD is only legal if it contains 0.3% THC or less. However, the legality of these products remains murky. CBD is still sold around North Carolina, and even added in food and drinks.

Is CBD Oil Legal in North Dakota?

Both marijuana and hemp-based CBD can be bought, sold, owned and cultivated legally in North Dakota. You can purchase the product over the counter. While doctors cannot prescribe it, they can recommend it to their patients.

Is CBD Oil Legal in Ohio?

According to Ohio state laws, selling of CBD products can only be done in approved and licensed dispensaries. This limitation is a move to regulate the distribution of the product.

Is CBD Oil Legal in Oklahoma?

Patients of all ages suffering from specific illnesses such as severe epilepsy and multiple sclerosis can use CBD when it is recommended by a physician. You will probably have to import it from other states as farming the cannabis plant is still not legal.

Is CBD Oil Legal in Oregon?

Legalization of marijuana in this state led to the reduction in the price of pot and made more people move toward hemp production with the aim of creating CBD oil which has become the new craze. You can get CBD in food, drinks, chocolates and even massage creams in Oregon. It is of course among the few states where marijuana is legal for adult use and even possession in public places; therefore its rules on the hemp-derived substance are lax.

Is CBD Oil Legal in Pennsylvania?

As long as you have the license, you can grow, cultivate and sell industrial hemp in Pennsylvania. However, when it comes to the use of CBD, freedom of use depends on the source of the product. If it is derived from hemp, then anyone can purchase and use it anywhere as per the Farm bill permits in the country, but CBD made from marijuana is only legal for qualified patients.

Is CBD Oil Legal in Rhode Island?

Hemp products are legal in Rhode Island with no legislation against any of them which, therefore, makes CBD from hemp legal in the state. Marijuana, on the other hand, follows different legislation. While its use for recreational purposes was decriminalized, you can still be fined for possession of it, but you won’t serve jail time. Medical marijuana is available to anyone who is in the medical marijuana program within the state.

Is CBD Oil Legal in South Carolina?

Marijuana is illegal in South Carolina including products based on the marijuana plants as well. Although the hemp plant operates on different rules, and it is legal in South Carolina. So you can have CBD hemp oil legally in the state, but not CBD from marijuana.

Is CBD Oil Legal in South Dakota?

CBD is currently not listed under South Dakota’s controlled substances. However, only the kind approved by the Food and Drug Administration(FDA) is legal. It also has to be prescribed by a physician.

Is CBD Oil Legal in Tennessee?

Licensed CBD products from hemp are available for purchase even without a prescription. The state still has no medical marijuana program and the use of marijuana is illegal. You can therefore only use or possess CBD made from hemp and not from marijuana.

Is CBD Oil Legal in Texas?

If you’re using the low-THC CBD products and only using it for medical purposes, then you have no legal issues to worry about. This is because CBD is only legal under the Compassionate Use Act where only people who have to use it to relieve symptoms of an illness are allowed too. Though you will need to register and have it prescribed to you by a physician.

Is CBD Oil Legal in Utah?

With a license from the Department of Agriculture and Food, one may cultivate and process industrial hemp in Utah. The CBD products from the hemp plant can also be sold and bought anywhere in the state if you have registered them with the department. There is also a medical cannabis law that lets the cannabis plant products be used by patients as prescribed by a doctor.

Is CBD Oil Legal in Vermont?

In Vermont, one needs to have a medical card to possess the substance legally. CBD is widely available in this state, but getting it isn’t as straightforward as in other more open states in the US. You can still buy CBD products online from sellers if you do not have the medical card.

Is CBD Oil Legal in Virginia?

CBD products, especially from marijuana in this state, must contain at least 15% CBD and less than 0.5% THC. It is restricted only to those with illnesses such as severe epilepsy, and one needs to show valid proof of having first undergone conventional treatment methods. Hemp products are allowed and are legal in Virginia though.

Is CBD Oil Legal in Washington?

All you need to purchase CBD legally in Washington is to head on to a dispensary and ask for it. Provided you are over 18 years of age, getting the product in Washington is completely legal! You can find CBD products from both industrial hemp and marijuana in this state.

Is CBD Oil Legal in West Virginia?

With THC levels of 0.3% and below, CBD products are legal in West Virginia. This requirement means that CBD from industrial hemp is legal while that from marijuana, which is more likely to have higher THC levels is not. There is, however, a medical marijuana law that legalizes conditional use of the marijuana product.

Is CBD Oil Legal in Wisconsin?

The type of CBD determines its legality in the state of Wisconsin. CBD from hemp is legal while that from marijuana isn’t. One can legally use the product as a treatment for several conditions as recommended by a doctor.

Is CBD Oil Legal in Wyoming?

CBD products are illegal in Wyoming. It is only allowed for use by people who have intractable epilepsy. There are no laws that allow the cultivation of the cannabis plant, and therefore people have to import it from outside the state of Wyoming.

This guide was created to showcase the various laws and restrictions around the US when it comes to using CBD, as it is clear that CBD usage is on the rise, mainly due to the many benefits that it provides to the user. As the laws regarding CBD are loosened within the US, and indeed the rest of the world, it allows many new users to experience the positive impact that CBD can bring when taken correctly.

*Please note that the information provided within this article was accurate according to state laws at the time of publishing. However holds no responsibility to the accuracy of current legislation or interpretation of state laws. For fully up to date information please refer to the relevant local authority page of your specific state.

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