CBD Laws by State – Just the Facts
The 2018 Farm Bill forever changed the history of hemp.
But everyone still wants to know if CBD is legal…
Essentially the bill legalized the cultivation, production, consumption, and possession of hemp and hemp-derived products at the federal level.
Seeing that CBD is derived from both hemp and its cousin plant marijuana, does this mean that hemp-derived CBD is now legal in all 50 states?
Be that as it may, it’s pretty much really, really easy to obtain the best CBD hemp oil from anywhere in the world by just ordering online. Even if you’re camping in the middle of Alaska you can probably get it delivered in a couple of days (Thanks, Jeff Bezos)!
While technically CBD hemp oil should be legal everywhere, CBD laws by state still vary. Individual states still have the power to ban CBD if they see fit.
We know you want to know if CBD is legal in your state.
Let’s take a look at current CBD laws by state so you can know once and for all if it’s legal for you to use CBD where you currently reside.
*Note: we are discussing CBD derived from hemp in this article. When discussing FDA approved prescription CBD (Epidiolex) or marijuana-derived CBD, we will make it clear.
And speaking of just that, before we dive into current CBD laws, it’s important to distinguish the difference between CBD sourced from hemp, and CBD sourced from marijuana.
The Difference Between Hemp CBD and Marijuana CBD
Before we get deeper into each state’s CBD laws, it’s important to understand the difference between hemp CBD vs. marijuana CBD.
- Legal at the federal level
- Contains less than 0.3% THC
- Non-intoxicating (generally won’t get you high unless you are very sensitive to THC or use large quantities of CBD hemp oil)
- Easily purchased online or in retail stores across the country
- Illegal at the federal level
- Contains higher amounts of THC (up to 30% or more with concentrates)
- Intoxicating (it will get you high)
- Only available for purchase in licensed medical or recreational marijuana dispensaries
- The biggest distinction between hemp CBD and marijuana CBD is the level of THC they contain.
Under the 2018 Farm Bill, hemp was officially removed from the list of Schedule I Substances, so long as it contained less than 0.3% THC .
Marijuana naturally contains lower levels of CBD than hemp. That being said, some strains of marijuana have been specially cultivated to contain higher levels of CBD than others. These specialty strains are typically what is used to produce CBD oil derived from marijuana.
CBD derived from marijuana that contains more than 0.3% THC is only fully legal in states that have passed recreational marijuana laws. In states with medical marijuana programs, the legality of marijuana-derived CBD varies according to state legislation.
CBD derived from hemp that contains less than 0.3% THC grown in accordance with the 2018 Farm Bill is legal in all 50 states.
There’s a catch, though. Individual states make the final call on whether or not they choose to allow hemp-derived CBD.
While most states have welcomed the new changes, there are still a few exceptions.
CBD Laws by State 2021
The question of the legality of CBD is a big one that can become quite confusing depending on who you ask.
We’re going to do our best to clear up any confusion you might have about state-specific CBD laws.
Let’s start with the 2018 Farm Bill and how it affected CBD laws across the United States.
The passing of the Farm Bill legalized hemp-derived products (including CBD products).
These products must contain less than 0.3% THC. Any products containing over that limit are considered illegal and controlled substances.
While this made CBD products legal at the federal level, state governments still have the final say on how exactly these products can be cultivated, manufactured, and purchased within their state lines.
Quick guide to state cbd and marijuana laws
States Where CBD is “Illegal”
Currently, every state in the United States of America allows some form of CBD usage. In most states, CBD is fully legal, while in other states it is legal with some restrictions.
Still, we always recommend checking with the local laws where you live. This article is not legal advice and you should always consult with a legal expert if you are in doubt.
By the way, the same goes for any cannabis product and your health. You should always consult a medical expert you TRUST if you have any doubts about using CBD products.
States Where CBD is Legal
In the states that have legalized recreational and medical cannabis, both CBD hemp oil and marijuana-derived CBD oil are legal and typically easily accessible.
States with current recreational and medical marijuana laws where CBD (whether from marijuana or hemp) is completely legal.
States with recreational and medical marijuana laws where cbd oil is legal
- Washington, DC
If you consume CBD and live in or have recently visited one of these states, you’re probably aware that CBD derived from both marijuana and hemp is easily accessible and available pretty much everywhere.
These are the states where anyone aged 18+ can legally purchase CBD hemp oil, as well as cannabis for medical or recreational purposes.
In the states above you have the choice to purchase both hemp-derived and marijuana-derived CBD.
The sky’s the limit. Find what works best for you.
>> Our expert CBD reviews will help YOU decide which CBD oil is best for YOU!
States With Medical Marijuana Laws Where CBD Oil is Legal
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Dakota
- Rhode Island
- West Virginia
If you live in one of these states, CBD hemp oil can be obtained without a medical marijuana prescription.
You can order it online or find it at one of the many CBD specialty stores, gas stations, tobacco stores, vape shops, head shops, and vitamin shops located everywhere.
If you are looking for the specific benefits and characteristics of CBD derived from marijuana, in the above states you will need to go through your state’s medical marijuana program for obtaining a medical marijuana patient card.
Fortunately, in most states, it’s super easy to get your patient card for medical marijuana. Note that you must have a health condition deemed by your state’s program which qualifies you to obtain medical cannabis.
If you want to obtain medical cannabis, just follow the instructions for your state and you will be at your dispensary picking your customized products in no time!
States Where CBD is Legal or is Legal with Certain Exceptions
There are also states where CBD is legal but have laws that can vary considerably.
These are the states where CBD laws have been passed but where it can still prove difficult to get approval for use. These states and their various rules governing CBD include:
Is CBD Legal in Alabama?
On June 10, 2019 Gov. Ivey signed Senate Bill 225 that allowed pharmacies to sell CBD products as long as they do not contain more than 0.3% THC.
Is CBD Legal in Georgia?
In May 2019 The Georgia Hemp Farming Act, HB 213 was passed to legalize the sale of CBD products.
Is CBD Legal in Idaho?
Idaho is a tricky state when it comes to CBD laws.
According to Idaho state law, in order for CBD to be legal, it must contain zero THC and be derived from five identified parts of the cannabis plant.
The “identified parts of the plant” include (1) mature stalks, (2) fiber produced from the stalks, (3) oil or cake made from the seeds or the achene of the plant, (4) any other compound, manufacture, salt, derivative, mixture, or preparation of mature stalks, and (5) the sterilized seeds of the plant which is incapable of germination.
While Idaho state law recognizes that the “2018 Farm Bill removes certain hemp-derived products with a THC concentration of no more than 0.3%,” legislation maintains this does not generally legalize CBD.
This being said, children with intractable epilepsy in Idaho do have access to federally-approved Epidiolex, as part of an FDA-approved study.
For more information on Idaho CBD laws, click here to listen to a recent podcast regarding Idaho CBD laws.
Is cbd legal in Indiana
Hemp-derived CBD is legal in the Hoosier state as long as it contains less than 0.3% THC.
Is CBD Legal in Iowa?
In Iowa, CBD is available medically for individuals suffering from specific medical conditions such as cancer, seizures, HIV/AIDS, Chron’s disease, severe or chronic pain, Parkinson’s disease, and more.
To access CBD in Iowa, patients must have a “written certification” signed by a health care practitioner that states the patient has an approved debilitating medical condition.
Individuals interested in CBD in Iowa must also be approved for a medical cannabidiol registration card. For more information on CBD laws in Iowa, click here .
Is CBD Legal in Kansas?
Despite its close proximity to cannabis-friendly Colorado, Kansas doesn’t exactly have the most liberal laws when it comes to CBD.
While CBD is permitted to be used and sold in Kansas under SB 282, which was signed into law in May 2018, it cannot contain any traces of THC.
In 2019, HB 2244 was signed into law, permitting the use of CBD that contains up to 5% THC to treat “debilitating medical conditions,” which means “a chronic or debilitating disease or medical condition, including one that produces seizures, for which the patient is under treatment by a licensed physician.”
is cbd legal in kentucky?
CBD is readily available in the state of Kentucky. Patients are able to purchase CBD that contains less than 0.3% THC in any form besides CBD hemp flower.
is CBD legal in Mississippi?
In 2014, CBD products containing more than 15% CBD and less than 0.5% THC were approved under HB 1231.
According to the bill, the CBD “must be obtained from or tested by the National Center for Natural Products Research at the University of Mississippi and dispensed by the Department of Pharmacy Services at the University of Mississippi Medical Center.”
Under HB 1231, CBD oil may only be obtained by the order of a physician licensed to practice in Mississippi and administered to the patient under the direction or supervision of the said physician.
In 2017, SB 2610 was approved, which amended current state CBD laws to “clarify use in research of seizures and other medical conditions.” It also allowed for pharmacies to dispense CBD per approval of federal and state regulation.
Is CBD legal in Nebraska?
With the passing of the Nebraska Hemp Farming Act, the state laws were brought up to parallel the 2018 federal hemp bill that passed.
Previously this is what we had said about CBD laws in Nebraska…
In May 2019, the Nebraska state government passed a bill that decriminalized CBD. It’s now possible to buy CBD products in Nebraska! Nebraska and Idaho were the last states to legalize hemp production make the manufacture and sale of CBD products legal in all 50 states.
Is CBD Legal in North Carolina?
In North Carolina, CBD oil is legal as long as it is derived from hemp and contains less than 0.3% THC.
In February 2018, the North Carolina Department of Agriculture and Consumer Services announced that it will be taking the same approach to CBD as the FDA.
What exactly does this mean?
Per FDA law, CBD in North Carolina cannot be added to food or beverages or supplements. CBD manufacturers are also forbidden to make unregulated health claims.
In October 2019, North Carolina lawmakers came to an agreement that CBD flower (also referred to as smokable hemp) will be banned beginning June 2020.
Under the recently passed law, smokable hemp is defined as “harvested raw or dried hemp plant material, including hemp buds or hemp flowers, hemp cigars and hemp cigarettes.”
While SB 315 does allow the production of hemp products, such as CBD oil, it does maintain that “’hemp product’ does not include smokable hemp.”
Is CBD Legal in Oklahoma?
In May 2019, Oklahoma signed SB 238 into law decriminalizing hemp-derived CBD.
Before the bill was passed, CBD was only technically legal through Oklahoma’s medical marijuana program despite being widely available throughout the state.
According to the bill, “ Retail sales of industrial hemp and hemp products may be conducted without a license so long as the products and the hemp used in the products were grown and cultivated legally in this state or another state or jurisdiction and meet the same or substantially the same requirements for processing hemp products or growing hemp .”
In 2015, marijuana-derived CBD was approved in Oklahoma for the treatment of severe forms of epilepsy in children.
In May 2017, the bill was modified to include marijuana-derived CBD legal for adults with epilepsy, as well as for conditions of “spasticity due to multiple sclerosis or due to paraplegia, intractable nausea and vomiting, and appetite stimulation with chronic wasting diseases.”
In 2018, medical marijuana laws were passed in Oklahoma, which should make marijuana-derived CBD available to medical marijuana patients at licensed dispensaries statewide.
Is CBD Legal in Kentucky? – Everything You Need to Know
Is CBD legal in Kentucky? Anyone who wishes to consume hemp-extracted products in Kentucky has this question in mind. Well, hemp is something that connects the past of Kentucky with its future. This state was the largest hemp supplier in the US from the 18th century until the 1930s. But soon, both cannabis and hemp were criminalized.
Fast-forward to 2014. Kentucky reinstated hemp as one of its primary crops after the introduction of the 2014 Farm Bill. Since then, it has become one of the most successful pilot programs for robust industrial hemp.
Kentucky legalized the non-psychoactive CBD in 2014. However, it was only for patients who required medicinal CBD. The bill that legalizes CBD had no mention of producing or selling CBD outside medical contexts. Remember, this was in 2014. Things changed after that.
In 2017, the Kentucky government legalized hemp-derived CBD products. The only rule that the manufacturers and sellers had to follow was to keep the THC level under 0.3%. Whether it was CBD oil, CBD cream, or CBD gummies, 0.3% was the maximum limit of CBD content it could feature. Why? Because the psychoactive effects of it give you a ‘high’ is something that still concerns the state’s authorities.
According to the Kentucky Depart of Agriculture, anyone who cultivates, processes, or markets CBD products with more than 0.3% THC is in violation of the KRS Chapter 218A. This is a punishable offense and may land the person in jail.
Why Didn’t Kentucky Legalize CBD For So Long?
Previously, the Federal Controlled Substances Act of 1970 considered all types of cannabis illegal. This even included hemp strains that didn’t produce enough THC to intoxicate people. The law categorized cannabis under Schedule 1. Schedule 1 was only for products or elements that were highly addictive substances and not helpful for medical purposes.
After nearly 48 years later, the Kentucky government came up with the new 2018 Farm Bill. This bill reclassified hemp and CBD as one of the primary agricultural commodities. It also legalized the cultivation of hemp at a federal level, paving the way for the CBD market boom. The act even went on to remove some of the forms of cannabis that were included in Schedule 1 back then. This helped create a distinction between marijuana and hemp. While the latter is acceptable, the former is still under Schedule 1 in Kentucky because of its psychoactive effects.
Hemp became the umbrella under which all CBD products and the like that had 0.3% THC became legal. This included CBD. Marijuana, on the other hand, still got the slack because its signature compound, THC, is present at a much higher concentration than 0.3%. The distinction offered in the federal law legalized CBD. Yet, the manufacturers still have to cultivate hemp according to state and federal regulations.
What Does the Farm Bill Mean?
The 2018 Farm Bill mentioned above specifically makes industrial hemp growing legal on a federal level. Now, CBD specifically, it’s another story. The Farm Bill does allow manufacturers to produce CBD containing less than 0.3% THC. It also states that the Food and Drug Administration (FDA) has the ultimate power to regulate CBD products’ labels. This includes the power to regulate whether a brand can mention CBD as a food additive or therapeutic claims.
The FDA later declared that some of the hemp-derived CBD is not suitable for mixing in food and beverages. Therefore, manufacturers should not market them as dietary supplements. However, this is under evaluation because many CBD brands sell tinctures that consumers mix with their smoothies. The FDA is also strict about brands not mentioning any medical claims regarding CBD.
Does that mean CBD doesn’t have any therapeutic effects? Not exactly. It’s just one of the laws that the brands need to keep in mind while packing their products. Companies are free to mention the potency, percentage of CBD concentrate, and any other details that specifically point to the product. However, they must stop short of claiming the product can cure various health problems.
Apart from the federal regulation of CBD, the law also states that it has the power to regulate CBD in beverages, foods, dietary supplements, and cosmetic products before they reach the FDA’s approval process.
The Kentucky CBD laws
Residents of Kentucky can only legally purchase and consume CBD products that contain less than 0.3% THC. No manufacturer or brand can sell CBD in flower form. They demand selling it in oil, skincare cream, gummies, mother tincture, moisturizers, and topical lotion presentations.
2014 was a significant year for CBD and Kentucky. Steve Beshear, then governor, passed the 2014 Farm Bill that legalized the consumption of hemp-derived cannabidiol products. The law, however, only contemplated its legality after a doctor prescribes the compound to a patient. But that law changed after 2015. CBD extracted from cannabis became illegal for medicinal purposes. This meant that doctors couldn’t prescribe hemp-derived CBD products as they did under the previous law. It took two bills to change that but, eventually, a later administration passed them in 2015.
Kentucky residents feel that the Farm Bill of 2014 fueled the industrial hemp pilot program. Although it came with certain regulations, the bill made it clear that Kentucky was one of the primary sources of CBD products in the US. This, along with Slight Partisan Bill, legalized both the selling and consumption of hemp-derived CBD products containing less than 0.3% THC.
CBD Licensing Requirements in Kentucky
New brands who want to know if is CBD legal in Kentucky or not should contact the Kentucky Department of Agriculture (KDA). This department is responsible for managing and overseeing the hemp program of Kentucky. It explains to new brands what they need to do to get new licenses to sell CBD products in Kentucky and some other states where CBD consumption isn’t illegal.
The Kentucky Department of Agriculture (KDA) plans to shift its research pilot program into a full commercial hemp production center under the USDA-approved plan for different states. According to this plan, only KDA license holders will be able to grow hemp. If any new brand wants to enter the business, they will have to apply for a full background check. In fact, the owners should also furnish a criminal background check document before applying for expediency. The applicant shouldn’t have any drug-related misdemeanors or felony convictions in the last ten years.
The licensing requirements also state that farmers who want to cultivate hemp must use seeds from educational institutions with a DEA license. These seeds produce hemp that contains an exceptionally low percentage of THC.
The Kentucky Department of Agriculture tests each sample from licensed farmer’s hemp crop before approving them for use in different products. It is essential that the lab test results provide less than 0.3% THC content. The licensed processors and growers must keep their test results handy for a minimum of 3 years to prove they produce CBD legally.
CBD Possession Limits in Kentucky
Apart from the cultivation and selling of hemp, people also question If is CBD legal in Kentucky for consumption purposes. Yes, it is. But, then, what is the quantity one can legally hold? Legalizing the production and selling of CBD in Kentucky means anyone can possess any amount of CBD. However, remember, all products must certify they have less than 0.3% THC content on the label.
People must remember that CBD extracted from cannabis rather than hemp is still very much illegal. This law is prevalent for medical patients also. They should only buy hemp-derived CBD products and not cannabis-derived CBD. The latter contains more than 0.3% THC. Users may experience a euphoric feeling if they consume cannabis-derived CBD. If the Kentucky police catch you storing up to 8 pounds of cannabis-derived CBD, it may result in a fine of $250 and spending nearly 45 days in prison.
The punishment becomes severe if the quantity is more than 8 pounds. Offenders may have to spend 1 to 5 years in prison and pay a maximum fine of $10,000.
Is CBD Legal in Kentucky? – The Takeaway
The 2018 Farm Bill made a significant change in the overseeing of hemp and hemp-derived products. What was once controlled by the US Department of Justice now the Food and Drug Administration handles. This change allowed the FDA to stop brands from selling CBD-infused food, dietary supplements, or drinks. That means you should buy products that specify that it contains CBD concentrate tincture, CBD-infused gummies, creams, and moisturizers.
The FDA also warns that any brand selling CBD products shouldn’t claim medical benefits. Buyers, on the other hand, should take caution before consuming these products. They should read the side-effects of CBD and also consult with their doctors. Experts believe it is best to buy full-spectrum CBD oil as they contain the purest extract of CBD the hemp plant has to offer.
Brands that comply with both FDA and KDA keep their quality standards high. Thus, consumers can rest easy knowing they bought a great product. Remember, the packaging must contain detailed descriptions of the respective products. It often covers the percentage of CBD, how to consume, dosage instructions, and the certification that it has less than 0.3% THC. If the product you choose does not have this, don’t waste your time; find one that does.