In What States Is CBD Legal?

January, 2021

CBD oil is one of the fastest-growing relief products for a variety of ailments, like anxiety and even pain, but it does come from the cannabis plant which has been illegal in the United States for a very long time. CBD has been legal since 2018 but just because something is federally legal does not mean that anywhere in the states it is completely legal with no restrictions or legal at all. States still have a say in whether or not the substance is legal in the state or how it is controlled.

CBD vs. Medical Marijuana

CBD and Medical Marijuana are both forms of cannabis but they have different chemical compounds. Medical Marijuana can be primarily CBD but does not have to be to the same standard of CBD. CBD has to have 0-0.3% THC per volume.

Where Is It Illegal

States have a say in whether or not something is illegal and as of the time of writing this article only three states have CBD listed as illegal in every form. They are listed below.

Idaho

Iowa

South Dakota

With these three states, you may be asking why is CBD illegal? In Idaho, any substance with any amount of THC is still considered a controlled substance. For Iowa, the only reason they have it still illegal in all forms is that CBD is not approved by the FDA. In South Dakota, it gets interesting because they also have all forms illegal that are not approved by the FDA which excludes the seizure medication Epidiolex but also South Dakota states that CBD could cause addiction.

Where Does CBD Have Restrictions

Most states have restrictions on CBD. The majority of restrictions are how it can be used while other states regulate where the cannabis is grown. The states and their restrictions are listed below.

• Alaska

  • No infused food or beverage

• Arizona

  • No food or beverage

• Arkansas

  • No food or beverage

• California

  • No food or beverage

• Colorado

  • No baked goods

• Connecticut

  • Food and beverage must be registered

• Delaware

  • Hemp grower must be an affiliate with Delaware state university

• Florida

  • Labeling is regulate

• Georgia

  • No food or beverage

• Indiana

  • Labeling is regulated

• Kansas

  • No food or beverage

• Kentucky

  • No CBD tea

• Louisiana

  • Many product restrictions

• Maine

  • Ok only if CBD extracted by a licensed Maine hemp grower

• Maryland

  • Restrictions are unclear

• Massachusetts

  • CBD food and beverage needs to be purity tested

• Michigan

  • No food or beverage

• Minnesota

  • No food or beverage

• Mississippi

  • Must be 20:1 CBD: THC ratio

• Missouri

  • Must be 18+

• Montana

  • No food or beverage

• Nebraska

  • No food or beverage

• Nevada

  • No food or beverage/ CBD sales only in cannabis stores

• New Hampshire

  • Regulations coming

• New York

  • No food or beverage and purity testing required

• North Carolina

  • No food or beverage

• Oregon

  • Label regulations coming

• Pennsylvania

  • No food or beverage/label regulations coming

• Rhode Island

  • Label guidelines coming

• South Carolina

  • No food or beverage

• Texas

  • Label guidelines coming

• Utah

  • Registration required for sales

• Vermont

  • Can’t combine with meat or dairy and maple syrup has its own rules

• Washington

  • No food or beverage

• West Virginia

  • No food or beverage

• Wisconsin

  • No food or beverage

No Restrictions

The last list of states is the ones where CBD is legal and has no restrictions on how it is used. Alabama, Hawaii, Illinois, New Mexico, New Jersey, North Dakota, Oklahoma, Ohio, Tennessee, Virginia, and Wyoming.

Conclusion

Each state has the ability to decide what is and is not legal. As more research is done on CBD and the benefits become more and more prevalent more states could either reduce the restrictions or make CBD legal.