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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.
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%.
State | CBD Legal Status | Notes |
---|---|---|
Alabama | Conditionally legal | CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions |
Alaska | Fully legal | |
Arizona | Fully legal | |
Arkansas | Conditionally legal | Cannabis-derived CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions |
California | Fully legal | Hemp-derived CBD edibles are not legal in the state |
Colorado | Fully legal | |
Connecticut | Fully legal | |
Delaware | Conditionally legal | Cannabis-derived CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions |
District of Columbia | Fully legal | |
Florida | Conditionally legal | Hemp-derived CBD oil only |
Georgia | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions; must contain equal amounts of THC and CBD |
Hawaii | Conditionally legal | Hemp-derived CBD oil only |
Idaho | Conditionally legal | All varieties legal so long as there is no traceable THC content |
Illinois | Fully legal | |
Indiana | Conditionally legal | All varieties legal so long as they do not exceed 0.3% THC |
Iowa | Conditionally legal | Cannabis-derived CBD oil exceeding 0.3% THC legal with medical cannabis license; list of accepted conditions is fairly restrictive |
Kansas | Conditionally legal | All varieties legal so long as there is no traceable THC content; medical CBD oil legal with license for specific conditions |
Kentucky | Conditionally legal | Hemp-derived CBD oil only |
Louisiana | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
Maine | Fully legal | |
Maryland | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
Massachusetts | Fully legal | Oil with THC content exceeding 0.3% fully legal for adults age 21 and up and for adults 18 to 20 years old with medical cannabis license |
Michigan | Fully legal | |
Minnesota | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
Mississippi | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license; limited number of accepted conditions; must be obtained from University of Mississippi; cannot exceed 0.5% THC |
Missouri | Conditionally legal | CBD oil exceeding 0.3% THC legal with medical cannabis license—no qualifying conditions |
Montana | Fully legal | |
Nebraska | Conditionally legal | Hemp-derived CBD oil only; cannabis is illegal even for medical purposes |
Nevada | Fully legal | |
New Hampshire | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
New Jersey | Fully legal | |
New Mexico | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
New York | Fully legal | |
North Carolina | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license; however |
North Dakota | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
Ohio | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
Oklahoma | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license—no qualifying conditions |
Oregon | Fully legal | |
Pennsylvania | Conditionally legal | CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions |
Rhode Island | Conditionally legal | CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions |
South Carolina | Conditionally legal | CBD oil exceeding 0.9% THC legal with medical cannabis license; very restrictive list of qualifying conditions |
South Dakota | Conditionally legal | Medical and recreational cannabis products illegal; ballot measure proposed to change this ruling following a successful 2020 ballot measure that was overturned by the Supreme Court |
Tennessee | Conditionally legal | CBD oil exceeding 0.9% THC legal with medical cannabis license; very restrictive list of qualifying conditions |
Texas | Conditionally legal | Low-THC (up to 1%) CBD oil available for patients with qualifying conditions |
Utah | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
Vermont | Fully legal | |
Virginia | Fully legal | |
Washington | Fully legal | |
West Virginia | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
Wisconsin | Conditionally legal | Cannabis-derived CBD oil legal with medical cannabis license for specific conditions |
Wyoming | Conditionally legal | Hemp-derived CBD oil only |