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Conditionally legal
Fully legal

CBD Legal States 2023

CBD Legal States 2023

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%.

CBD Legal States 2023

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State
CBD Legal Status
Notes
AlabamaConditionally legalCBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions
AlaskaFully legal
ArizonaFully legal
ArkansasConditionally legalCannabis-derived CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions
CaliforniaFully legalHemp-derived CBD edibles are not legal in the state
ColoradoFully legal
ConnecticutFully legal
DelawareConditionally legalCannabis-derived CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions
District of ColumbiaFully legal
FloridaConditionally legalHemp-derived CBD oil only
GeorgiaConditionally legalCannabis-derived CBD oil legal with medical cannabis license for specific conditions; must contain equal amounts of THC and CBD
HawaiiConditionally legalHemp-derived CBD oil only
IdahoConditionally legalAll varieties legal so long as there is no traceable THC content
IllinoisFully legal
IndianaConditionally legalAll varieties legal so long as they do not exceed 0.3% THC
IowaConditionally legalCannabis-derived CBD oil exceeding 0.3% THC legal with medical cannabis license; list of accepted conditions is fairly restrictive
KansasConditionally legalAll varieties legal so long as there is no traceable THC content; medical CBD oil legal with license for specific conditions
KentuckyConditionally legalHemp-derived CBD oil only
LouisianaConditionally legalCannabis-derived CBD oil legal with medical cannabis license for specific conditions
MaineFully legal
MarylandConditionally legalCannabis-derived CBD oil legal with medical cannabis license for specific conditions
MassachusettsFully legalOil 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
MichiganFully legal
MinnesotaConditionally legalCannabis-derived CBD oil legal with medical cannabis license for specific conditions
MississippiConditionally legalCannabis-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
MissouriConditionally legalCBD oil exceeding 0.3% THC legal with medical cannabis license—no qualifying conditions
MontanaFully legal
NebraskaConditionally legalHemp-derived CBD oil only; cannabis is illegal even for medical purposes
NevadaFully legal
New HampshireConditionally legalCannabis-derived CBD oil legal with medical cannabis license for specific conditions
New JerseyFully legal
New MexicoConditionally legalCannabis-derived CBD oil legal with medical cannabis license for specific conditions
New YorkFully legal
North CarolinaConditionally legalCannabis-derived CBD oil legal with medical cannabis license; however
North DakotaConditionally legalCannabis-derived CBD oil legal with medical cannabis license for specific conditions
OhioConditionally legalCannabis-derived CBD oil legal with medical cannabis license for specific conditions
OklahomaConditionally legalCannabis-derived CBD oil legal with medical cannabis license—no qualifying conditions
OregonFully legal
PennsylvaniaConditionally legalCBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions
Rhode IslandConditionally legalCBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions
South CarolinaConditionally legalCBD oil exceeding 0.9% THC legal with medical cannabis license; very restrictive list of qualifying conditions
South DakotaConditionally legalMedical 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
TennesseeConditionally legalCBD oil exceeding 0.9% THC legal with medical cannabis license; very restrictive list of qualifying conditions
TexasConditionally legalLow-THC (up to 1%) CBD oil available for patients with qualifying conditions
UtahConditionally legalCannabis-derived CBD oil legal with medical cannabis license for specific conditions
VermontFully legal
VirginiaFully legal
WashingtonFully legal
West VirginiaConditionally legalCannabis-derived CBD oil legal with medical cannabis license for specific conditions
WisconsinConditionally legalCannabis-derived CBD oil legal with medical cannabis license for specific conditions
WyomingConditionally legalHemp-derived CBD oil only
showing: 51 rows

CBD Legal States 2023

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