Legal Status of CBD Oil  per State


Alabama’s Attorney General issued a Public Notice stating that CBD from hemp can be legally produced, sold, and possessed in the state.


The Alaska Department of Natural Resources (“DNR”), which has regulatory authority over industrial hemp, issued proposed industrial hemp rules. These rules will require retailers register with DNR to sell hemp and hemp products.


CBD is legal.


CBD was removed from the state’s list of controlled substances, and no license or permit is required by the state to sell or deliver CBD products.


California law does not currently provide any requirements for the manufacturing, processing, or selling of non-food industrial hemp or hemp products. But the California Department of Public Health claims CBD is illegal in all foods, beverages, and some other products. A proposed new law (AB-228) would expand those allowable types of products.


CBD is clearly legal in this state, with food, beverages, lotions, and other products infused with CBD for sale in a variety of businesses.


CBD is legal to purchase and consume.


CBD products have been legal in Delaware since 2014.


The Florida Department of Agriculture and Consumer Services (FDACS) has begun work on rulemaking for its commercial hemp regulations. CBD is legal, but currently unregulated.


Though medical marijuana remains illegal, patients with certain medical conditions can possess “low THC oil” if they have a Low THC Oil Registry Card from the Department of Public Health. Only CBD with mo more than 5 percent THC is legal.


The state’s Department of Health issued a statement hat no CBD products can be processed, distributed, or sold legally in Hawaii without a prescription.


Anything with any amount of THC in it is illegal here.


CBD for medical use has been legal for years, but starting January 1, 2020, CBD will be legal for all.


Law here allows you to buy, sell, or possess CBD products.


Medical marijuana dispensaries opened in December 2018, and state law says CBD products can only be sold with a dispensary license.


Law allows for the use and sale of CBD that contains no THC. CBD containing no more than 5 percent THC can be used to treat debilitating medical conditions. A bill permitting industrial hemp production recently passed, leading to confusion whether CBD from industrial hemp meeting federal definitions — and containing up to 0.3 percent THC — now is legal too.


You can legally grow, manufacture, and own CBD products.


State officials have warned that CBD with even trace amounts of THC is illegal.


CBD is to be treated as a food rather than a medicine. Sales of CBD products are legal as long as no medical claims are made to promote the product.


you will soon be able to buy topical CBD products at the local drug store.


The Massachusetts Department of Agricultural Resources released a policy statement that prohibits the sale of food containing CBD, CBD products that make medicinal claims, animal feed with hemp, and the sale of unprocessed or raw plant material to consumers. Legislation has been filed to reverse that policy.


CBD products are available and allowed in the state without need for a medical marijuana card.


The first dedicated CBD and hemp store opened in Minneapolis at the end of 2018.


The state restricts CBD use as a medical treatment. CBD oil must be tested by the National Center for Natural Products Research and dispensed by the Department of Pharmacy Services at the University of Mississippi Medical Center.


Patients with epilepsy can apply for a hemp extract registration card to purchase CBD oil from one of two state-licensed facilities.


While not expressly permitted, the state has no laws prohibiting or regulating CBD.


The Nebraska Hemp Farming Act exempts hemp and hemp products from the state’s controlled substances act. However, without any specific protections for the retail sale of CBD there is concern that law enforcement actions against CBD products could continue.


Though CBD products are legal in the state, CBD as a food additive is not yet. Until the FDA approves its use in food and drinks, CBD-infused edible products will be considered illegal.

New Hampshire 

CBD is legal, unless added to food. The state Bureau of Public Health Protection issued an advisory warning food establishments that CBD is not permitted in food under FDA guidelines.

New Jersey

New Jersey’s hemp program is pending USDA final rules and plan approval.

New Mexico 

In May 2019, a new law specifically authorized the sale of CBD and food products containing CBD.

New York 

A law is pending governor signature for the regulation of hemp production and hemp extracts, including CBD. The City of New York banned the use of CBD in food and drinks.

North Carolina 

By law, only patients with epilepsy are allowed to use and possess CBD, and it remains illegal to cultivate or produce hemp extract in the state. Current legislation, if passed, would change that.

North Dakota 

Hemp is still considered a controlled substance in the state constitution, if it is extracted from legally produced hemp and contains less than 0.3 percent THC it is not illegal to possess.


A bill awaiting the governor’s signature would allow CBD to be sold outside medical marijuana dispensaries. Right now, the product is legal in Ohio but only in regulated dispensaries.


The state legislature approved the retail sale of CBD, becoming the first state to require CBD product labels declare the country of origin and whether the cannabidiol is natural or synthetic.


To be legal, CBD products must be tested and certified by an Oregon lab.


While hemp-derived CBD is fine, anything made from marijuana has to go through the state’s medical marijuana system.

Rhode Island

Low-THC CBD products are legally available throughout the state, and high-THC products are available at medical marijuana dispensaries.

South Carolina 

CBD is legal for only certain severe seizure disorders.

South Dakota 

The Attorney General released a statement in March 2019 saying that hemp and CBD are still illegal in South Dakota.


CBD oil that is less than 0.9 percent THC and “obtained legally in the United States and outside of” Tennessee has been legal since 2015. Both Walgreens and CVS plan to sell CBD in stores in the state.


Recently passed a hemp growth program that protects hemp products like CBD and includes labeling and retailer registration requirements. Law enforcement officials say that while CBD is legal, if it has even a trace amount of THC, then possessing it could result in a felony charge because not even medical marijuana is legal here yet.


According to the Utah Department of Health Hemp Registry, you must apply for and obtain a hemp extract registration card from the Utah Department of Health, Office of Vital Records and Statistics.


CBD is legally sold and bought in Vermont.


CBD is legal, unless it is added to foods. The Department of Agriculture and Consumer Services issued guidance that the state’s food safety regulations prohibit the introduction in interstate commerce of any food or dietary supplement containing CBD.


General use and high-CBD compliant products may be sold at any licensed marijuana store.

West Virginia 

You can legally buy CBD in West Virginia. The state recently enacted a law that modifies the state’s hemp licensing program to ensure the sale of CBD can continue in the state.


Any Wisconsin citizen can possess CBD oil, as long as their physician certifies it is being used to treat a medical condition.


State law now allows for use and possession of hemp and hemp products, including CBD.

Here are some other things to consider when thinking about regulation…

Can You Carry CBD on a Plane?

The TSA recently updated its policies to allow an FDA-approved marijuana-based drug and CBD produced in line with the Farm Bill requirements. Passengers are permitted to carry on CBD derived from hemp that contains 0.3 percent or less of THC. Though technically allowed, exercise caution when traveling. Since most states do not yet have guidelines in place for testing of products, your CBD product might contain more THC than advertised. In that situation, you could be detained and even arrested.

Will CBD Appear on a Drug Test?

While CBD itself does not appear on drug tests for marijuana, there is a chance you might fail a drug test. Since testing of CBD products is largely unregulated, a product might be mislabeled and actually contain more THC than claimed. Your best bet is to only obtain products from a company that can provide a Certificate of Analysis that certifies their product was tested and only contained the claimed amount of THC.


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