Who can sell CBD products? Where is CBD legal or illegal? Here’s the complete guide to the CBD / Hemp laws in all 50 states as of October, 2020.

In general, the 2018 Farm Bill made hemp derived CBD and cannabinoid products legal to buy and consume in the United States as long as they aren’t marketed as medicine or found in food or beverages. But there are exceptions! For example, Idaho, South Dakota, and Nebraska have not fully adopted the Farm Bill, and CBD is not legal to purchase in many cases..

Additionally, things can get complicated around ‘Full Spectrum’ hemp products that may fall below .3% delta 9 THC, but above .3% when considering Total THC calculations. These products are legal in some states, but specifically banned in others.

Don’t worry, this guide should help clear things up.

** Keep in mind that regulations are constantly changing and readers should not consider this article legal advice. Prior to producing, processing, buying, or selling they should consult their own legal counsel familiar with the laws in their state. **

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Alabama

One of the few states that made a positive ruling themselves, stating that hemp can be produced, sold, and possessed. Alabama also has specifically stated that hemp derived material is legal as long as Delta 9 THC is less than .3% on the dry weight basis. This means Full Spectrum hemp products that may fail a Total THC requirement in some areas, would be legal in Alabama.

Alaska

Growing or Selling Hemp in Alaska isn’t simple. You’ll need to get approved and licences through the Alaska Department of Natural Resources. On the other hand CBD oil is legal for use in Alaska as long as it’s sourced from industrial hemp, specifically from the plant’s stalks and seeds.

Alaska has also legalized cannabis! So there should be plenty of legal cannabinoid options.

Arizona

Independently of the 2018 Farm Bill, Arizona passed a court ruling in 2014 which stated that CBD is medically useful for treating epilepsy. Since then both buying and producing hemp products has become more accessible with the Farm Bill, and Arizona’s clarifications. Currently they only require Delta 9 THC to be less than .3% on the dry weight basis. Full Spectrum hemp products that may fail a Total THC requirement in some areas, should be legal in Arizona.

Arkansas

There is restrictions on growing & selling hemp with one business in Arkansas, but otherwise, CBD products are legal and available through online / retail outlets. Arkansas officially lifted CBD from the state’s list of controlled substances, but the Arkansas Industrial Hemp Program has specifically stated they count delta-9 THC as being THC + 0.877*THCA. This means that the ‘Total THC’ needs to be under .3%, making most Full Spectrum hemp products illegal to buy or sell.

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California

With the legalization of cannabis in California, there is plenty of CBD options available both online from out of state, and in local stores. There is one caveat; the California Department of Public Health claims CBD is illegal in all foods, beverages, ext.. until the FDA has approved CBD for use in food and beverages.

As a consumer, or a hemp business, stay away from consumables like edibles and drinks. Your safest bet would be finding pure isolates. The state has not specifically ruled on the definition of Delta 9 THC, so Full Spectrum hemp products have not been banned.

Colorado

With the legalization of cannabis in Colorado, there is plenty of Cannabinoid options available both online from out of state, and in local stores. Colorado has ruled that industrial hemp products are only required to have Delta 9 THC below .3% THC, so buying and selling Full Spectrum hemp products is allowed as long as they meet the basic requirements.

Connecticut

The state has not specifically ruled on the definition of Delta 9 THC, so Full Spectrum hemp products haven’t been banned. Hemp-derived CBD is generally legal in Connecticut since the passing of the 2018 Farm Bill.

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Delaware

The State of Delaware has actively passed legislation since 2014 allowing for medical use of CBD, and was one of the first States to adopt the 2018 Farm Bill and allow for industrial hemp producers / processors. Hemp derived cannabinoids and CBD are generally legal to buy in Delaware as long as delta 9 THC doesn’t break the basic Federal requirements.

Florida

CBD has been legal and widely unregulated in Florida until regulations went into effect January of 2020 giving the Department of Agriculture the power to inspect stores and products. Selling things may come with more regulatory hoops, but buying hemp CBD products hasn’t changed. The state has also been specific that Delta 9 THC to be less than .3% on the dry weight basis. Full Spectrum hemp products that may fail a Total THC requirement in some areas, should be legal in Florida.

Georgia

As long as the product meets the basic 2018 Farm Bill .3% delta 9 THC requirement, industrial hemp growing, selling, and buying are legal in Georgia. Additionally Georgia has it’s own Low THC Oil Registry program with the Department of Public Health which allows qualified patients access to higher THC products (in state only). The state has not specifically ruled on the definition of Delta 9 THC, so Full Spectrum hemp products have not been banned.

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Hawaii

In a recent development, as of November 1st, 2020 farmers in Hawaii can register to grow industrial hemp through the (USDA) Domestic Hemp Production Program.

At one point a Medical Marijuana Perscription was required to buy CBD products, but since the passing of the 2018 farm bill, any products under .3% THC are legal to purchase and consume. Hawaii has also been specific that Delta 9 THC to be less than .3% on the dry weight basis, so Full Spectrum hemp products that may fail a Total THC requirement in some areas, should be legal in Hawaii.

Idaho

Idaho is one of the tougher states to sell and consume CBD products within. The Idaho Attorney General considers CBD to be a controlled substance unless it is derived from excluded parts of the hemp plant (stalks and seeds for example) and contains no THC at all. This means that most hemp products available on the market would not be legal in Idaho, since they may have been derived from the hemp flowers, or contain trace amounts of THC.

Illinois

Illinois has had a long standing medical marijuana program and recently legalized cannabis. Since the passing of the 2018 Farm Bill the rules have become simpler, and all industrial hemp products that meet the .3% THC limit are legal to possess, and consume in Illinois. The state has also been specific that Delta 9 THC to be less than .3% on the dry weight basis, so Full Spectrum hemp products that may fail a Total THC requirement in some areas, should be legal in Illinois.

Growing isn’t as simple though. According to the department of agriculture you can apply for a Hemp Growers License through the state, but there must be a research component to the application.

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Indiana

Growing hemp in Indiana does require a license through the state, but possession and consumption are legal as long as the products are compliant with the 2018 Farm Bill and do not exceed .3% THC. Indiana has not specifically ruled on the definition of THC, so Full Spectrum hemp products have not been banned.

Iowa

As of early 2020, Iowa has loosened the states regulations to resemble the 2018 Farm Bill’s standards. It is legal to grow, possess, buy or sell hemp in Iowa as long as it doesn’t break the .3% THC or the Food, Drug & Cosmetic Act by being used in food and drug products. The state has not specifically ruled on the definition of Delta 9 THC, so Full Spectrum hemp products have not been banned.

Kansas

Before 2018 absolutely no THC was allowed in CBD products making it hard to source compliant products. But since then, Kansas has adopted the Farm Bill and passed their own legislation outlining industrial hemp rules. The state was specific that Delta 9 THC needs to be less than .3% on the dry weight basis, so Full Spectrum hemp products that may fail a Total THC requirement in some areas, should be legal in Kansas.

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Kentucky

Kentucky has been close to follow federal standards by allowing hemp cultivation back in 2014, and defining the definition of Hemp in 2018 as to allow end consumer sales… with one cavoite.. Purchasing hemp flowers, prerolls, and some smokeless products are prohibited without a license from the state.

Louisiana

CBD / hemp products are legal to purchase in Louisiana, but with some exceptions. In 2019 the state passed legislation explicitly legalizing hemp derived CBD and defined their limits as .3% Delta 9 THC. This means Full Spectrum hemp products that may fail a Total THC requirement in some areas should be legal in Louisiana.

Although CBD products are legal, the state prohibits Smokable CBD, as well as food, alcohol, and supplements. The local authorities are also known to test products randomly for THC, so retail buyers in Louisiana should take extra precaution in the products they source.

Maine

In Maine, CBD products are legal as long as there is no medical claims. The state was also specific that Delta 9 THC needs to be less than .3% on the dry weight basis, so Full Spectrum hemp products that may fail a Total THC requirement in some areas, should be legal in Maine.

Maryland

Low THC hemp derived CBD products have been legal in Maryland since 2015, far ahead of the 2018 Farm Bill and the national standards we follow today. Currently CBD is legal to purchase and consume in Maryland, and the legislation has been specific that Delta 9 THC needs to be less than .3% on the dry weight basis. This means Full Spectrum hemp products that may fail a Total THC requirement in some areas, should be legal in Maryland.

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Massachusetts

CBD is legal in Massachusetts and available from both the national hemp marketplace but also within the states legal Cannabis industry. Both the products and regulations are different depending on which CBD your buying, but in general Hemp Derived CBD under .3% THC is legal to purchase and consume in Massachusetts.

Michigan

With a thriving legal cannabis industry, CBD is in no short supply for Michigan. In general Hemp Derived CBD under .3% THC is legal to purchase and consume in Michigan, and the state has not specifically ruled on the definition of THC, so Full Spectrum hemp products have not been banned.

Minnesota

CBD products have been sold in Minnesota for a few years now, but as of January, 2020 the state officially legalized and defined hemp and cbd products. Now in general CBD products that test under .3% THC is legal but the state defined THC as total potential THC post-decarboxylation, which means some Full Spectrum hemp products will not be legal in Minnesota.

Mississippi

One of the few states that didn’t embrace federal regulation on the Hemp industry, Mississippi is not very CBD friendly. Mississippi does not allow for state-licensed hemp growers or processors, and currently to buy CBD most products within Mississippi you’ll need medical license from the state.

Some CBD options made outside of Mississippi are available but possession of any amount of CBD with more than 2.5 milligrams of THC per milliliter is punishable by Mississippi law. Additionally, Mississippi police are likely to arrest for possession if a product even looks like marijuana.

Missouri

Missouri has it’s own medical cannabis industry in which a medical license can be acquired from the state to allow the purchase of CBD products from licensed dispensaries. In general since the 2018 Farm Bill CBD products that test under .3% THC is legal, and the state has not specifically ruled on the definition of THC, so Full Spectrum hemp products have not been banned.

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Montana

In general since the 2018 Farm Bill CBD products that test under .3% THC are legal in Montana. The state has also been specific that Delta 9 THC needs to be less than .3% on the dry weight basis. This means Full Spectrum hemp products that may fail a Total THC requirement in some areas, should be legal in Montana.

Nebraska

Growing and selling CBD hemp products in Nebraska comes with it’s own regulations and testing requirements from the state. On the other hand, buying CBD products got easier in 2019 when the state passed the Nebraska Hemp Farming Act. In general the Nebraska Hemp Farming Act states that legal hemp includes any derivative, extract, or cannabinoid with no more than 0.3% THC.

Though buying hemp derived CBD is now legal in Nebraska, possession of CBD derived from a non-regulated source is considered possession of a controlled substance. To play it safe, you’ll want to buy your hemp products from farms within Nebraska that are clearly following the Nebraska Hemp Farming Act.

Nevada

With a growing legal cannabis industry, CBD is in no short supply for Nevada. CBD products will be available within the cannabis retail space, but in general Hemp Derived CBD under .3% THC is legal to purchase and consume in Nevada. The state has not specifically ruled on the definition of THC, so Full Spectrum hemp products have not been banned.

New Hampshire

New Hampshire has not passed specific CBD legislation, and instead diverted to federal standards given by the 2018 Farm Bill. Hemp derived CBD is legal as long as it’s under the .3% THC limit, but is not allowed in food and beverages.

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New Jersey

CBD products are legal in New Jersey both through a Medical Marijuana license and from Hemp Derived sources online that follow the 2018 Farm Bill Standards. New Jersey wasn’t specific about the definition of THC, so Full Spectrum hemp products that may fail a Total THC requirement in some areas, have not been banned.

New Mexico

CBD can be found both through a Medical Marijuana license in New Mexico, and from Hemp Derived sources online that follow the 2018 Farm Bill Standards. New Mexico passed legislation in 2019 aligning it’s testing standards with the Farm Bill, and even allowing CBD in food products. New Mexico wasn’t specific about the definition of THC, so Full Spectrum hemp products that may fail a Total THC requirement in some areas, have not been banned.

New York

Though food and drinks containing CBD are still banned in New York the purchase and consumption of hemp derived CBD products is allowed. Growers, processors, and retailers need to follow strict licensing requirements from the state. New York was also specific that their limit is for Delta 9 THC, so so Full Spectrum hemp products that may fail a Total THC requirement in some areas, are allowed.

North Carolina

North Carolina started their own Hemp Pilot Program way back in 2014. Today the state has aligned with the 2018 Farm Bill and products under .3% THC are legal to purchase and consume, with the exception of smokable hemp flowers. North Carolina wasn’t specific about the definition of THC, so Full Spectrum hemp products that may fail a Total THC requirement in some areas, have not been banned.

North Dakota

A medical Marijuana program was started in 2016 for North Dakota, and as of 2019 commercial hemp growing was legalized. Now as a consumer it is legal to purchase hemp derived CBD that are compliant with the 2018 Farm Bill. North Dakota was also specific that their limit is for Delta 9 THC, so so Full Spectrum hemp products that may fail a Total THC requirement in some areas, are allowed.

Ohio

CBD products became more readily available in Ohio once a bill was passed in 2019 allowing for the sale of everything from CBD food products to cosmetics. Hemp growers and processors must be licensed, but buying and consuming CBD is legal. Ohio wasn’t specific about the definition of THC, so Full Spectrum hemp products that may fail a Total THC requirement in some areas, have not been banned.

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Oklahoma

Oklahoma has legalized the retail sale of CBD products, but with stricter than average labeling requirements. The state requires CBD products to declare the country of origin, and whether the CBD is natural or synthetic. As a consumer, CBD products will be legal to consume, but you may want to source products made within Oklahoma to ensure the products meet all of your states specific requirements.

Oregon

Cannabis & Hemp were legalized in Oregon back in 2014. Since the passing of the 2018 Farm Bill products have become more available on the national market, and consumers can take advantage of both Hemp Derived CBD on the web or Cannabis Derived products within state licenses retail stores. The state defined THC as the molar sum of THC and THCA, which means some Full Spectrum hemp products will not be legal in Oregon.

Pennsylvania

In 2016 Pennsylvania launched it’s own Industrial Hemp Pilot Program, and since the passing of the 2018 Farm Bill consumers can find CBD both in store and online. Pennsylvania’s medical marijuana program will require a license, but not CBD Products derived from hemp. The states legislation wasn’t specific about the definition of THC, so Full Spectrum hemp products that may fail a Total THC requirement in some areas, have not been banned.

Rhode Island

In 2019 Rhode Island passed legislation explicitly authorizing the sale of hemp-derived consumable CBD products. Producers and retailers need to acquire a license from the state, but buying and consuming hemp derived CBD that follows the 2018 farm bill is legal. The legislation defines it’s THC limits as the combined percent of delta-9 tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant cannabis regardless of the moisture content. This means that Full Spectrum products that might be allowed in some states could potentially fail Rhode Islands THC limits.

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South Carolina

There’s a limited Medical Marijuana / CBD industry in South Carolina available to qualifying patients, but since the passing of the 2018 Farm Bill the state has also opened up to hemp derived CBD options. Buying and consuming hemp derived CBD is legal in South Carolina and the legislation wasn’t specific about the definition of THC, so Full Spectrum hemp products that may fail a Total THC requirement in some areas have not been banned.

South Dakota

Unfortunately South Dakota is one of the few states that has banned hemp derived CBD products even after the passing of the 2018 Farm Bill. In 2019 the State Attorney General specifically stated that hemp and CBD are still illegal in South Dakota.

Tennessee

Hemp derived CBD products have been legal in Tennessee far before the 2018 Farm Bill. In fact, CBD oil that is less than 0.9 percent THC and obtained legally in the United States has been legal since 2015. The state was specific that their limits only apply to Delta 9 THC, so Full Spectrum hemp products that may fail a Total THC requirement in some areas, should be legal in Tennessee.

Texas

Texas has passed it’s own legislations that requiring specific labeling and retailer registration requirements, but generally allowing for the purchase and consumption of Hemp derived CBD products covered by the 2018 Farm Bill. If the products are sourced from a licensed farm, and contain less than .3% THC, it should be legal. The state was also specific that their limits only apply to Delta 9 THC, so Full Spectrum hemp products that may fail a Total THC requirement in some areas, should be legal in Texas.

Utah

Those who grow, process, or sell hemp products must be licensed by the Utah Department of Agriculture and Food, but generally buying and consuming compliant Hemp derived CBD products is legal in Utah. The legislation wasn’t specific about the definition of THC, so Full Spectrum hemp products that may fail a Total THC requirement in some areas have not been banned.

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Vermont

Vermont legalized medical cannabis use way back in 2004, so it’s no suprise they were an early adopter of the 2018 Farm Bill and hemp products. Currently there are no prohibitions in Vermont regarding the use of hemp-derived CBD as an additive in foods or beverages, and the state was specific that their limits only apply to Delta 9 THC, so Full Spectrum hemp products that may fail a Total THC requirement in some areas, should be legal in Vermont.

Virginia

Under the 2018 Farm Bill, hemp derived CBD products are allowed in Virginia. In fact they were early adopters to specifically allow smokable hemp and the sale of smokable hemp products in vending machines. The Department of Agriculture and Consumer Services did issue a statement making it clear that CDB in food items is still banned, but the state wasn’t specific about the definition of THC, so Full Spectrum hemp products that may fail a Total THC requirement in some areas have not been banned.

Washington

Washington was one of the first states to legalize cannabis for recreational use so CBD products can be found in a few different places. Buying and consuming Hemp Derived CBD is legal in Washington as long as it’s not added to Food. The state also wasn’t specific about the definition of THC, so Full Spectrum hemp products that may fail a Total THC requirement in some areas have not been banned.

West Virginia

After passing their own legislation in 2019 West Virginia open the doors to Hemp Derived CBD products. West Virginia has allowed licensed hemp growers since 2002, but now consumers can buy and consume hemp derived CBD products found nationwide under the 2018 Farm Bill. West Virginia also wasn’t specific about the definition of THC, so Full Spectrum hemp products that may fail a Total THC requirement in some areas have not been banned.

Wisconsin

Because they’ve had an established Medical CBD market going back to 2014, there are a few places to find CBD products in Wisconsin. Generally, since 2018 the state has adopted the 2018 Farm Bill standards and now any Hemp Derived CBD products that test under .3% thc are legal to buy and consume. The state wasn’t specific about the definition of THC, so Full Spectrum hemp products that may fail a Total THC requirement in some areas have not been banned.

Wyoming

Buying and consuming hemp derived CBD is legal in Wyoming since the passing of the 2018 Farm Bill. Wyoming also wasn’t specific about the definition of THC, so Full Spectrum hemp products that may fail a Total THC requirement in some areas have not been banned.

Ready to buy? Check out shop.kush.com hemp products sourced around the United States.

** Keep in mind that regulations are constantly changing and readers should not consider this article legal advice. Prior to producing, processing, buying, or selling they should consult their own legal counsel familiar with the laws in their state. **