CBD Legal States [Updated February 2023]

Is CBD Legal in the U.S.?

CBD (cannabidiol) is a non-psychoactive compound found in cannabis. Unlike tetrahydrocannabinol (THC), CBD does not get a user “high;” however, its legality is still a gray area for some people because it is derived from the cannabis plant. CBD must be legal on both the federal level and the state level in order for it to be legal in your state. The 2018 Farm Bill legalized, on the federal level, the regulated production of hemp, or any part of the cannabis plant with a THC concentration below 0.3%. States, however, have the final say in whether or not cannabis-derived products are legal within their state lines.

Is CBD Legal in my State?

Marijuana legality varies by state, as does CBD legality. There are 17 states called that legalized both medicinal and recreational use of marijuana as long as you meet the minimum age requirement: Alaska, Arizona, California, Colorado, Connecticut, Illinois, Maine, Massachusetts, Michigan, Montana, Nevada, New Jersey, New York, Oregon, Vermont, Virginia, and Washington. It is also legal in the District of Columbia.

In addition to these states, several other states have legalized medical marijuana: Arkansas, Delaware, Florida, Hawaii, Kansas, Louisiana, Maryland, Minnesota, Mississippi, Missouri, New Hampshire, New Mexico, North Dakota, Ohio, Oklahoma, Texas, Utah, and West Virginia.

The following states have legalized CBD, some only for specific medical purposes: Alabama, Georgia, Idaho, Indiana, Iowa, Kentucky, South Carolina, Tennessee, Wisconsin, and Wyoming.

Some of these states only allow CBD below certain THC levels. CBD and CBD products in Idaho are legal only if they contain zero THC and are derived from the mature stalks of the plant. In Tennessee, possession of CBD products is legal if they contain less than 0.6% THC. In Alabama, the maximum THC level is 0.3%.