Is CBD Oil Legal in All 50 States?

In short, yes – CBD oil is legal in all 50 states of the US. However, there are differences in the specifics of this legalization in each state. For example, in states where marijuana is legal, the restrictions in CBD may be more relaxed than states who haven’t legalized the use of weed yet. Here is a rundown of the legality status in each state and the answer to the popular question “Is CBD oil legal in all 50 states?”:

FDA Approved

Many states have taken the approach of following the FDA guidelines when it comes to CBD. Thanks to the 2018 Farm Bill, hemp is no longer a part of the controlled substances act and can be legally grown on US soil. Many states have legalized medical marijuana and CBD products that are approved by the FDA. These states include:

  1. Connecticut
  2. Maine
  3. Massachusetts
  4. New Hampshire
  5. New Jersey
  6. New York
  7. Pennsylvania
  8. Rhode Island
  9. Vermont
  10. Illinois
  11. Michigan
  12. Minnesota
  13. Missouri
  14. Nebraska
  15. North Dakota
  16. Ohio
  17. Arkansas
  18. Delaware
  19. Florida
  20. Louisiana
  21. Maryland
  22. Alaska 
  23. Arizona
  24. California
  25. Colorado
  26. Hawaii
  27. Washington
  28. West Virginia
  29. Idaho
  30. Montana
  31. Nevada
  32. New Mexico
  33. Oregon 
  34. South Dakota

Exceptions

cbd map

There are a few states that have placed additional legal limitations on the possession and use of medical marijuana and CBD oil. These states include:

  1. Wyoming - This state requires that CBD oil products are legal as long as they are sourced from hemp and contain less than 0.3% THC.
  2. Virginia - This state requires CBD must be obtained legally and follow FDA guidelines. For medical reasons, you can use CBD as long as there is no more than 0.5% THC.
  3. Texas - In this state all CBD products less than 0.3% THC are legal. CBD may be used for medical purposes as long as there is less than 0.5% THC in each product.
  4. Utah - Utah has legalized all CBD oils with less than 0.3% THC. All CBD edibles are illegal except gelatin cubes.
  5. North Carolina - It is illegal to grow your own hemp in North Carolina, but CBD products with less than 0.9% THC can be used for medical purposes.
  6. South Carolina - All CBD products less than 0.3% THC are legal in South Carolina, and CBD for medical use is legal if it’s below 0.9%. 
  7. Oklahoma - CBD products approved by the FDA are allowed but anything under the term “marijuana” is not.
  8. Tennessee - CBD products less than 0.3% THC are legal in Tennessee, and CBD for medical use is allowed as long as it’s less than 0.9%.
  9. Georgia - All CBD products below 0.3% THC are allowed in Georgia.
  10. Alabama - Any FDA approved CBD products less than 0.3% are legal for recreational use in Alabama.
  11. Indiana - CBD oil is legal as long as it’s below 0.3% THC and not being coupled with other controlled substances.
  12. Iowa - CBD products are legal if they are in accordance with chapter 124E of the Iowa Code.
  13. Kansas - FDA approved CBD is legal and CBD for medical use is permitted as long as it’s below 5% THC.
  14.  Kentucky - CBD products approved by the FDA are allowed but anything under the term “marijuana” is not.
  15. Mississippi - CBD oil with less than 0.3% THC is permitted in Mississippi, and CBD for medical use is allowed given the CBD is less than 0.5% THC.
  16. Wisconsin - It is advised to get a physician’s approval for CBD in Wisconsin, as possession of most CBD products is still considered a misdemeanor.

Now that you know more about the legality of CBD in each state, you can better answer the question, “Is CBD oil legal in all 50 states?”. Do you have any other concerns about the laws pertaining to CBD or questions about products? Give us a call and one of our dedicated team members will be ready to help you!


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