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Is CBD Legal in all States?


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With the rising popularity of CBD products, one pressing question emerges: Is CBD legal in all 50 states? What about Puerto Rico and the US Virgin Islands?

As we navigate through this enlightening piece, we'll dive deep into the state laws that dictate the legality of CBD. Before we take the plunge, it’s essential to highlight that CBD, often sourced from hemp, contains a minimal THC concentration.

CBD has gained widespread attention for its potential health benefits and is available in full spectrum and broad-spectrum forms. However, this article is strictly educational and should never be construed as legal advice.

The Cannabis Plant and the US Farm Bill Coverage

Let's delve into the details of the U.S. Farm Bill's significance in shaping the legal framework of the cannabis plant, which will help us better understand whether or not CBD oil is legal in all 50 states.

The 2018 Farm Bill, formally known as the Agricultural Improvement Act, removed hemp from the Controlled Substances Act, essentially legalizing it on a federal level as long as it contains less than 0.3% THC.

Is CBD Legal in All 50 States?

Defining "legal" is crucial.

In the context of CBD, "legal" means it’s permissible for sale, purchase, possession, and consumption based on state laws.

Federally, CBD is legal as long as it is derived from hemp; however, if sourced from marijuana, its legality becomes more complex due to varying THC concentrations and state-specific regulations.

While the Farm Bill sets federal guidelines, state governments have the autonomy to set their regulations, and as you'll see further down, these laws may vary.

CBD oil derived from hemp is federally legal, but if you're looking for CBD with higher concentrations of THC, we made this guide for you. 

Country CBD Legality Conditions
Alabama CBD oil exceeding 0.3% THC is legal with a medical cannabis license for specific conditions.
Alaska CBD oil with any THC concentration is legal for medical and recreational use.
Arkansas CBD oil is permissible for medical and recreational use.
California All forms of CBD oil are legal without restrictions.
Colorado CBD oil is available for medical and recreational use.
Connecticut CBD oil is available for medical and recreational use.
Delaware CBD oil with more than 0.3% THC is available with a medical cannabis license.
Florida CBD oil exceeding 0.3% THC is legal with a medical cannabis prescription.
Georgia CBD oil with no more than 5% THC is legal for specific medical conditions.
Hawaii CBD oil made from marijuana is available for medical patients with a valid prescription.
Idaho CBD oil is legal as long as it contains 0% THC.
Illinois CBD oil is available to purchase regardless of hemp or marijuana source. 
Indiana CBD oil with 0.3% THC or less is legal for all; higher concentrations of THC require a medical prescription.
Iowa CBD oil with 0.3% THC or less is legal; the medical cannabis program allows higher concentrations for qualifying conditions.
Kansas CBD oil with 0% THC is legal; any amount of THC is illegal.
Kentucky Only CBD oil with 0.3% THC or less is legal.
Louisiana Only CBD oil with 0.3% THC or less is permissible; higher THC concentrations are allowed for specific medical conditions.
Maine CBD oil made from hemp or marijuana is legal for medical and recreational use.
Maryland CBD oil with more than 0.3% THC is available with a medical prescription.
Massachusetts CBD oil, regardless of THC concentration, is available for both medicinal and recreational purposes.
Michigan CBD oil from hemp or marijuana is available for both medical and recreational use.
Minnesota CBD oil with high THC levels is available with a medical prescription.
Mississippi CBD oil with 0.5% THC or less is legal for certain medical conditions.
Missouri CBD oil with more than 0.3% THC requires a medical cannabis card.
Montana CBD oil is available for both medical and recreational use.
Nebraska Illegal All forms of cannabis, including CBD oil, are illegal.
Nevada CBD oil from hemp or marijuana is legal for both medicinal and recreational purposes.
New Hampshire High THC CBD oil available for qualifying medical patients.
New Jersey CBD oil is permissible for both medical and recreational purposes.
New Mexico CBD oil is available for both medicinal and recreational use.
New York CBD oil from hemp or marijuana is available for both medical and recreational use.
North Carolina CBD oil with up to 0.9% THC is permissible for specific epilepsy conditions.
North Dakota High THC CBD oil available with a medical prescription.
Ohio CBD oil from hemp or marijuana is available for both medicinal and recreational use.
Oklahoma Only CBD oil with 0.3% THC or less is legal.
Oregon CBD oil from hemp or marijuana is legal for both medicinal and recreational use.
Pennsylvania CBD oil with any amount of THC is available for both medical and recreational purposes.
Rhode Island CBD oil with more than 0.3% THC requires a medical prescription.
South Carolina CBD oil with up to 0.9% THC is allowed for specific medical conditions.
South Dakota Only hemp-derived CBD with 0.3% THC or less is legal.
Tennessee CBD oil with up to 0.9% THC is permissible for certain medical conditions.
Texas CBD oil with 0.3% THC or less is legal; higher concentrations from marijuana are allowed for specific epilepsy conditions.
Utah CBD oil with more than 0.3% THC requires a medical cannabis card.
Vermont CBD oil from hemp or marijuana is legal for medicinal and recreational use.
Virginia CBD oil with high THC levels available for qualifying medical patients.
Washington CBD oil derived from hemp or marijuana is available for medicinal and recreational purposes.
West Virginia CBD oil regardless of whether its hemp or marijuana derived is available for medicinal and recreational use.
Wisconsin CBD oil from marijuana with a doctor's certification is legal.
Wyoming CBD oil with 0.3% THC or less is legal; the medical cannabis program for epilepsy patients allows higher concentrations.
Puerto Rico CBD oil with more than 0.3% THC is legal for medical patients with qualifying conditions and a valid prescription. CBD products with 0.3% THC or less are generally available to the wider public.
U.S Virgin Islands CBD oil with THC content exceeding 0.3% requires a valid medical prescription. Products containing 0.3% THC or less are typically legal for over-the-counter sales.

Is CBD Possession Legal in All 50 States?

Simply purchasing CBD doesn’t end the legality conversation.

Whether you can possess or walk around with it varies across states. Some states permit it without restrictions, while others may have specific conditions or total bans.

    Is Full Spectrum CBD Legal In All States?

    Full spectrum CBD is a term that refers to the extraction of all compounds found naturally occurring in the cannabis plant. This not only includes CBD but also other cannabinoids like CBN, CBG, and even THC.

    For a product to be classified as full spectrum CBD, it can contain up to 0.3% THC by weight. This percentage is critical — it's the legally allowed threshold for hemp-derived CBD products in the U.S. by the federal government.

    However, the key distinction is the source of the CBD. Hemp-derived CBD, including full spectrum variants, is federally legal, as established by the 2018 Farm Bill. This legislation differentiated hemp, defined as cannabis plants containing 0.3% or less THC, from marijuana, which contains a higher percentage of THC.

    That being said, while full spectrum CBD is federally legal when derived from hemp, its legality can differ from state to state. Some states might have stricter regulations around CBD products containing THC, even if it's within the federal limit of 0.3%.

    For example, Idaho has some of the strictest CBD laws in the United States. CBD products are only legal if they contain zero THC and are derived from one of five identified parts of the cannabis plant. Essentially, this makes most CBD products illegal in the state.

    Thus, while it's legal at the federal level, it's essential to check individual state laws if you're considering using or purchasing full spectrum CBD products. Always refer to local guidelines and, if in doubt, consult legal counsel in your jurisdiction.

    Hemp vs. Marijuana: A Crash Course

    Historically, the term 'cannabis' was used broadly and often conflated hemp and marijuana, two distinct varieties of the cannabis sativa plant.

    While both are members of the Cannabis genus, their differences are predominantly chemical, involving the presence of tetrahydrocannabinol (THC) — the psychoactive substance responsible for the 'high' feeling.

    Marijuana is rich in THC, sometimes containing concentrations as high as 30%. In contrast, hemp has historically been used for industrial purposes because of its low THC content and predominately cultivated for its seeds and fibers.

    Over the decades, however, both plants suffered under legal restrictions due to concerns surrounding THC and its psychoactive effects.

    The Farm Bill was monumental in shaping the current landscape of the cannabis industry in the U.S. By differentiating hemp from marijuana based on THC content and removing its Schedule I status, the Bill legitimized the hemp industry.

    This ushered in a new era of opportunities for farmers, businesses, and consumers. However, as with any new legislation, it also brought challenges, primarily centered around the interplay between federal and state laws.


    Are CBD Gummies Legal in All States?

    Federally, CBD gummies derived from hemp are legal, provided they contain less than 0.3% THC by weight.

    This threshold aligns with the 2018 Farm Bill, which legally differentiates hemp from marijuana based on THC content. Therefore, as long as your CBD gummies are hemp-derived and adhere to this THC limit, they comply with federal guidelines.

    However, state-level regulations can introduce added complexities, such as the limitation of THC content, regardless of whether it's hemp-derived.

    Furthermore, it's essential to be cautious about product labels and promises. With the CBD market flourishing, there's a risk of encountering products that may not accurately represent their THC content or may not have undergone rigorous quality control.

    Beyond the legalities, numerous studies have indicated CBD's potential benefits if you're contemplating the health aspects of CBD gummies. Researchers have explored its effects on various conditions, highlighting CBD gummies for pain & the gummy effects for anxiety.

    What Level of CBD Is Legal in All 50 States?

    Remember, the magic number set by the Farm Bill is 0.3% THC.

    Anything beyond this THC level, and you’re treading into risky territory. Always ensure your products have lab reports verifying their contents. Knowing your product's exact cannabinoid profile can differentiate between legal and prohibited products. We encourage shoppers to reference third-party lab reports to get the full picture of what's contained in your CBD products.

    The Takeaway: Is CBD Legal in my State?

    The maze of CBD legality isn’t straightforward, with federal and state laws often seeming at odds. The onus remains on individuals to be informed and remain within the confines of their state's regulations. And as the CBD landscape evolves, so too will the laws.

    Stay informed, stay safe, and always prioritize knowledge, here at Neurogan we will guide you through all the laws.

    FAQs about CBD Legality in the United States

    What CBD oil has the highest THC % that is legal in all 50 States?

    The threshold for THC content in CBD oil that maintains its federal legality is rooted in the source of the CBD: the hemp plant. Hemp-derived CBD oil containing 0.3% THC or less is federally legal in the U.S. This specific percentage was established in the 2018 Farm Bill, which differentiated hemp from marijuana based on THC content.

    Is CBD lotion legal in all states?

    CBD lotion is federally legal if it's hemp-derived with 0.3% THC or less. The Farm Bill legalized hemp-derived CBD products, including lotions, as long as they contain no more than 0.3% THC by weight. Still, state-specific regulations may apply.

    Is hemp CBD oil legal in all states?

    Hemp-derived CBD oil with 0.3% THC or less is federally legal, but individual state laws can differ, especially regarding the threshold of THC content.

    Was CBD legal in all states in 2018?

    In 2018, the Farm Bill legalized hemp-derived CBD at the federal level.

    Was CBD legal in all states in 2019?

    In 2019, hemp-derived CBD remained federally legal. However, several states had individual restrictions or regulations. At this point, Florida legalized selling and possessing hemp-derived CBD products.

    Was CBD legal in all states in 2020?

    In 2020, all CBD products derived from hemp were legal.

    Was CBD legal in all states in 2021?

    By 2021, hemp-derived CBD's federal status remained unchanged.

    Was CBD legal in all states in 2022?

    As of 2021, hemp-derived CBD was federally legal and available in all US states.

    BY
    Jan Brandrup

    M.Eng Electrical & Mechanical Jan Brandrup is a Denmark born leader who has actualized multiple of his entrepreneurial businesses to success. Committed to excellent standards of functional craftsmanship, his work spans globally from Scandinavia to South Africa, Turkey, Russia, the Middle Eas...


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