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Is CBD Legal in The US?  All 50 States Updated Info

CBD has become quite popular recently in the United States because of its positive effects on the human body. More and more people are becoming interested in cannabidiol as it can solve various health issues without rarely causing any side effects.

Though CBD is getting popular, only a few years ago, it was banned in almost every State. CBD is one kind of cannabis that is found in hemp plants. However, CBD was discovered in the middle of the twentieth century.

Due to some misunderstanding and intentional propaganda, the use of cannabis was banned for decades. Fortunately now most states have already lifted the ban, and others are on their way. In this article, you will learn about the following:

  • Is CBD legal in all US states?
  • Why did it get banned?
  • The logic behind the uplift of the ban
  • Should you trust and try CBD?

Let’s get started!

Table of Contents

What is CBD?

Before we move on to the big question, it is important for you to understand what CBD is actually. CBD is one of the hundred-plus cannabis compounds found in the cannabis sativa hemp plant. Cannabis is of different qualities, some are good, and some are perceived as bad.  

What is CBD?
What is CBD?

CBD is a highly beneficial cannabis that may provide various health benefits, both physical and psychological. People often confuse CBD with THC, A cannabis that can make you high.

Why Was CBD Banned?

It is a fact that CBD was never actually banned. CBD was discovered in the middle of the twentieth century, and at that time, THC had not been discovered.

Why Was CBD Banned?
Why Was CBD Banned?

CBD is not a new invention of modern science. Rather, CBD has been in use since ancient times. During this time, CBD and its compounds were not discovered. They were commonly known as cannabis. Some archaeologists claim that cannabis plants are among the first plants that were cultivated. 

In the mid-20th century, many activists began to demand a ban on marijuana. Marijuana had been used for medical purposes, but it was addictive and had some negative effects on human health and the brain. But the activists asked for a ban on all kinds of cannabis and hemp.

There were also some lies and propaganda behind this, the Reefer Madness film is one such example. A class of people spread that there was no difference between hemp and marijuana.

Common people got confused and got involved in the movement. It led to the Marijuana Tax Act of 1937. According to the act, only hemp that had been approved and taxed by the government could be grown or sold.

One thing that concerns and confuses CBD users is the legalization of CBD. As in the past, it was banned (though not in cannabidiol form), and people are still confused. The 2018 Farm Bill is a momentous event for the CBD industry. 

The 2019 farm bill removed hemp from the definition of marijuana, which turned out to be the beginning of a new industry. Quickly many people got involved in growing hemp, manufacturing CBD products, and selling it. The industry is booming right now.

Also, the bill states that any product that contains less than 0.3% of THC is legal. After the announcement of the bill, more research has been conducted on CBD, and many more research projects are still going on. CBD is set to bring about a revolution in the medical industry as it can be used for many physical and psychological problems.

Legalization of CBD by State

After the 2018 Farm Bill, states are gradually lifting the ban on CBD. Here is an update on the legalization update of all 50 states in the United States.

Legalization of CBD by State
Legalization of CBD by State

CBD has already been declared fully legal in a total of 18 states so far, and others have legalized it under some conditions. The 18 states are mentioned below:

  • Alaska
  • Arizona
  • Colorado
  • Connecticut
  • District of Columbia
  • Illinois
  • Maine
  • Massachusetts
  • Michigan
  • Montana
  • Nevada
  • New Jersey
  • New York
  • Oregon
  • Vermont
  • Virginia
  • Washington

The others have lifted the ban on CBD and have added some conditions. Let’s check on them:

1. Alabama

Is CBD legal in Alabama? The answer is yes but under certain conditions. The condition is that the FDA applied as a general rule. If a product has less than 0.3% or less THC then the product is legal to use. 

However, if the amount goes over 0.3%, the product will be considered a cannabis product and illegal to use. But the use of CBD is still not in full form in Alabama. You do not need a doctor’s prescription to buy CBD products. Doctors basically are not allowed to prescribe CBD, but they can recommend it to their patients. 

2. Arkansas

CBD is legal in the State as long as it does not exceed 0.3% THC amount. Legal CBD-derived oil is found in dispensaries, online stores, and also on local vendors. If patients are qualified, which means they are in need of THC, then they are allowed to have more THC-infused products.

3. California

California does not allow hemp-derived CBD edibles. However, cannabis-derived CBD oils are legal. CBD oils are legal for people over 21 years of age. 

4. Delaware

Cannabis-derived CBD oil that contains more than 0.3% THC is authorized in Delaware with a medical marijuana license for certain conditions. But the CBD market in the state is mostly uncontrolled.

5. Florida

Florida has an opposite rule than some of the other states. Only hemp-derived CBD oil is considered legal. Florida is also very flexible about CBD, the rules are not strictly followed. Consumers do not need a license or prescription to buy CBD products.

6. Georgia

Only brands with proper certificates are allowed to sell CBD oils and other products. The amount of THC cannot be over 5%. Not everyone is allowed to use CBD oil. Rather, only people who need to use CBD under medical conditions are allowed to take CBD. 

7. Hawaii

CBD, which is legal according to Federal law, is also legal in Hawaii. Therefore, hemp CBD containing 0.3% or less THC is legal. There are no restrictions on the quantity of CBD you can consume. In Hawaii, you need to be 18 years old to acquire CBD.

8. Idaho

Only CBD isolate is legal in Idaho. CBD isolate refers to products that contain only CBD and no other cannabis compound, including THC, CBG, or CBN. 

9. Indiana

The only condition Indiana applies on CBD products is that the level of THC cannot exceed 0.3%, as the federal law states.

10. Iowa

Iowa still considers CBD under marijuana, so the use of CBD is quite restricted in the State. Only patients with special requirements are issued a license to use CBD. However, getting a license to use CBD is difficult. Once you have the license, you can also use CBD in smoking form.

11. Kansas

All kinds of CBD products are allowed that do not contain any amount of THC. CBD oils made for medical purposes are legal too. Nonetheless, the condition is that the oils cannot contain more than 5% THC.

12. Kentucky

Kentucky maintains the federal law of CBD. So, CBD containing 0.3% or less THC is legal. There are no restrictions on the quantity of CBD you can consume. 

13. Louisiana

CBD oil made from cannabis is permissible with a medical marijuana license for certain conditions.

14. Maryland

CBD oil made from cannabis is permitted with a medical marijuana license for certain conditions.

15. Massachusetts

In Massachusetts, you may lawfully purchase hemp CBD oil that has a THC content of 0.0-0.3%. Additionally, it is legal to buy marijuana CBD and other cannabis-related products for personal use. You can purchase CBD products from online stores or offline retailers as well.

16. Minnesota

The selling of edible CBD products was made legal by legislation approved by the Minnesota Senate and signed by Governor Tim Walz. The law was enacted on July 1, 2022, after being signed on June 2, 2022.

17. Mississippi

Cannabis-derived CBD oil with more than 0.3% THC is permissible with a medical marijuana license, though the list of accepted conditions is very limited.

18. Missouri

CBD oil made from cannabis is legal with a medical marijuana license for certain conditions.

19. Nebraska

You can only use hemp-derived CBD products in the state of Nebraska. But cannabis is not legal to use, not even for medical purposes.

20. New Hampshire

CBD oil made from cannabis is allowed with a medical marijuana license for certain conditions.

21. New Mexico

CBD products made from cannabis are allowed with a medical marijuana license for certain conditions.

22. North Carolina

CBD oil generated from cannabis is permitted with a medical cannabis license, but the program is only available to a very small fraction of study participants and patients with certain diseases.

23. North Dakota

CBD oil made from cannabis is allowed with a medical marijuana license for certain conditions.

24. Ohio

CBD oil made from cannabis is allowed with a medical marijuana license for certain conditions.

25. Oklahoma

Oklahoma has legalized CBD oil. The 2018 passage of the Oklahoma Agricultural Industrial Hemp Pilot Program legalizes industrial hemp farming and trade in the state. Industrial hemp-derived CBD oil is legal to possess, sell, and use in Oklahoma.

26. Pennsylvania

In Pennsylvania, CBD oil and other CBD products are now accepted as long as they are made from hemp. As a result, it is acceptable to buy, sell, and use CBD products made from hemp throughout the Province. CBD extracted from marijuana is only permitted under the State’s medical marijuana program.

27. Rhode Island

Rhode Island approved HB5151 in 2019 in reaction to the Farm Bill from the previous year. The hemp program was extended by this act, making hemp production and farming legal throughout the state. The bill specifically made it permissible to sell CBD products, including consumables.

28. South Carolina

South Carolina has legalized CBD after Federal legislation permitted it as legal. The fundamental issue is that CBD cannot contain tetrahydrocannabinol (THC) in order to be legal. 

29. South Dakota

The provisions of House Bill 1008 make it legal to sell, buy, and possess CBD oil derived from hemp and other hemp-derived CBD products in South Dakota that contain less than 0.3% THC. In South Dakota, CBD oil made from cannabis is prohibited.

30. Tennessee 

Hemp is Cannabis sativa with less than 0.3% THC, and Tennessee has legalized hemp farming.

31. Texas

In Texas, it is referred to as hemp if it contains less than 0.3% THC. Cannabis contains a non-psychoactive substance called cannabidiol, or CBD. Businesses may sell it anywhere in Texas so long as the THC content is under 0.3%

32. Utah

Utah lawmakers passed House Bill 3001 on December 3, 2018.  

According to the bill, a hemp extract registration card is no longer necessary for the lawful possession of hemp extract or CBD oil. The only condition is that the products have to contain less than 0.3% tetrahydrocannabinol (THC). 

33. West Virginia

With the implementation of Senate Bill 447, hemp was first made lawful. The state updated its hemp license program in 2019 after passing the West Virginia Industrial Hemp Development Act in 2018.

34. Wisconsin

CBD oil is becoming easier to find at shops all around Wisconsin. CBD oil is recognized as an industrial hemp product under federal law, making its distribution and possession permitted.

So you can see that all the states have fully or partially legalized CBD in the United States, and its popularity is increasing by the day. The legalization process has made CBD a hot topic to discuss.

Frequently Asked Question

Is CBD Legal in the US Military?

For Army military and civilian employees, all forms of CBD are prohibited since they still contain the Cannabis sativa plant. However, more clarity and research on CBD may change the law soon for the military.

Does CBD Make You High?

THC is the main component in marijuana that makes you high. Since hemp contains THC in a very small amount, it is safe to use. CBD, on the other hand, does not make you high. 

Is CBD Oil Legal for Federal Employees?

Many organizations still consider CBD a component of marijuana. Federal civilian personnel are not allowed to consume marijuana or any of its derivatives, including CBD.


The question “is CBD legal” has become so frequent in the USA. More and more people are interested in using CBD as the users are experiencing great benefits. Many states have declared CBD fully legal, including Colorado, and some have added some conditions. Hopefully, soon it will be completely legal in all the states soon.


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