The Legality of CBD Across All 50 States: What You Need to Know

The Legality of CBD Across All 50 States: What You Need to Know

The legality of CBD varies across the U.S., with each state setting its own regulations regarding cannabinoid and/or cannabis products. While the 2018 Farm Bill [U.S. Congress. (2018). Agricultural Improvement Act of 2018, Public Law No. 115-334, § 10113, 132 Stat. 4490] federally legalized the production of hemp by US farmers provided it contains less than 0.3% THC, states have unique laws that determine if and how cannabinoid and/or cannabis products can be purchased and used. Here’s a breakdown of CBD’s legal status across all 50 states, divided by marijuana legality levels to help clarify. Scroll to the end of this article for definitions.


Fully Legalized Marijuana States

In the following states, cannabinoid and/or cannabis products (both hemp- and marijuana-derived) are fully legal and widely accessible for adults. Residents can purchase and use cannabinoids and/or cannabis products without restrictions, thanks to comprehensive legalization laws that cover both recreational and medical use:

  • West Coast & Western States: Washington, Oregon, California, Nevada, Arizona, Montana, Colorado, New Mexico, Alaska
  • Midwest & Great Lakes Region: Minnesota, Missouri, Illinois, Michigan, Ohio
  • East Coast & Northeastern States: Virginia, Maryland, Delaware, New Jersey, Connecticut, Rhode Island, Massachusetts, New York, Vermont, Maine

In these states, adults have access to a wide range of cannabinoid and/or cannabis products with varied THC levels, and they are readily available in dispensaries, online, and in stores.


Medical & Decriminalized Marijuana States

These states allow cannabinoid products with high cannabidiol content, but marijuana is only available for medical use. While cannabinoid products are accessible, residents may find limitations on THC levels or required medical conditions for cannabis-derived products:

  • Medical & Decriminalized States: Hawaii, North Dakota, Louisiana, Mississippi, New Hampshire

Residents in these states can purchase cannabinoid products, typically with restricted THC levels, and some may require a medical marijuana card for higher-THC products.


Medical Marijuana Only States

The following states permit the use of medical marijuana but not for recreational use. In these states, cannabinoid products are legal with limited THC content, a medical recommendation or prescription is required for high-THC content cannabis products:

  • Medical-Only States: Utah, South Dakota, Oklahoma, Arkansas, Alabama, Florida, West Virginia, Pennsylvania

These states allow qualified patients to access cannabis products with higher THC levels, often requiring a doctor’s recommendation or enrollment in the state’s medical marijuana program.


Decriminalized States

In these states, marijuana has been decriminalized, meaning that possession is treated less harshly (e.g., with fines rather than criminal charges). However, recreational marijuana remains illegal, and only low-THC cannabinoid products are permitted for general sale:

  • Decriminalized States: Nebraska, North Carolina

In these states, cannabinoid products are legally accessible as long as it adheres to federal guidelines of containing less than 0.3% THC.


CBD with THC Only States

In some states, cannabinoid products that contain THC are available only through specific channels or under narrow conditions. Residents here can access cannabinoid products, but often only in THC-free or extremely low-THC forms:

  • CBD with Limited THC States: Texas, Iowa, Wisconsin, Indiana, Kentucky, Tennessee, Georgia

These states often allow for hemp-derived cannabinoid products, but the amount of THC is strictly regulated.


Fully Illegal States for Recreational and Medical Marijuana

While some states do not permit recreational or medical marijuana, they do allow cannabinoid products in highly regulated forms. For instance, a cannabinoid product is legal if it contains no THC and is derived from hemp. These regulations ensure compliance with federal hemp laws but restrict THC in cannabinoid products:

  • CBD with 0% or Low THC States:
    • Idaho: a cannabinoid product is allowed as long as it contains 0% THC and is hemp-derived.
    • Wyoming: Legal for individuals over 21, provided it contains 0.3% or less THC.
    • Kansas: a cannabinoid product is legal if it contains 0% THC and is hemp-derived.
    • South Carolina: Legal provided it is hemp-derived and contains no more than 0.3% THC.

What Does This Mean for Consumers?

In states where marijuana is fully legal, you’ll find the most flexibility for purchasing cannabinoid and/or cannabis products. However, even in states where marijuana is fully illegal, hemp-derived cannabinoid products are often accessible as long as they meet federal THC limits (0.3% or less). Always check local laws if you’re unsure, as they can vary widely between states and even within counties.

Navigating State Restrictions

Before purchasing a cannabinoid product, knowing HOW to read a lab report and understanding your state’s specific regulations can prevent potential issues. In states with stricter guidelines, make sure the cannabinoid product you’re purchasing is federally compliant and contains no more than the legally allowed THC levels, if any.

For those traveling across state lines, it’s wise to double-check that your cannabinoid products meet the legal standards of each state you pass through. This is particularly relevant in states with zero-tolerance policies for THC in cannabinoid products.


By staying informed on the regulations in your state, you can safely enjoy the benefits of CBD while remaining compliant with the law. Whether for wellness or managing specific conditions, Availability of cannabis products continues to grow as states evolve in their cannabis policies, and hemp-derived cannabinoids are  accessible across the U.S.

 

*State Regulations are current as of November 4, 2024

 

DEFINITIONS:

Cannabinoid Product - a product manufactured for internal or topical use that contains cannabinoids derived from the Hemp plant.

Cannabis Product - a product manufactured for internal or topical use that contains cannabinoids derived from the Marijuana plant. 

Hemp Plant - a plant in the Cannabis genus containing a THC level of 0.3% or less.

Marijuana Plant - a plant in the Cannabis genus containing a THC level of more than 0.3%.

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