The demand for CBD products has soared in recent years, especially as many seek all-natural solutions to common problems, including poor sleepanxiety, and chronic pain. One of the first inquiries consumers have is whether CBD oil legal or not. The short answer is yes, but only in certain circumstances. The legality of CBD isn’t a black-and-white issue. Many grey areas lead to uncertainty among those who have recently become interested in CBD.

We’re here to help clear the air on whether CBD oil is legal or not because there’s a lot of misinformation. So here’s everything you need to know about whether CBD is legal in your state or not.

Understanding Hemp vs. Marijuana

People don’t realize Hemp and marijuana are two different plants, leading to confusion and misinformation. As a result, the products made from compounds from these plants differ significantly.

Hemp and marijuana are both cannabis Sativa plants. Both naturally create CBD and other cannabinoids. Therefore, Hemp and marijuana look the same. However, tetrahydrocannabinol is the most significant variable (THC).

THC is the “high” chemical. It’s known to create euphoria, worry, and confusion. Hemp contains minimal THC, usually less than 0.3 percent. The THC content of marijuana plants, on the other hand, might reach 30%.

Marijuana is legally outlawed in the United States and many other nations due to its high THC content, which has mind-altering effects.

Hemp-Derived CBD

It’s critical to know the difference between Hemp and marijuana to determine whether CBD oil is legal or not. Hemp-derived CBD products are now lawful on the federal level, thanks to the 2018 Farm Bill. In addition, Hemp was reclassified as an “agricultural commodity” instead of a Schedule I substance under the bill.

One of the most popular misconceptions about this bill is that it legalizes all CBD products made from Hemp or marijuana; this, however, is not the case. According to the DEA, CBD is a Schedule I substance, which is banned.

However, if the CBD is derived from Hemp and meets all of the requirements outlined in the 2018 Farm Bill, it is no longer classified as a Schedule I substance and is therefore legal. For a CBD product to be legal, it must not only be made from Hemp, but it must also meet the following criteria:

  • Less than 0.3% THC
  • Adheres to shared state-federal regulations
  • Grown by a licensed grower

The bill also lifted all limits on selling, transit, and possessing hemp-derived CBD products, making CBD oil legal.

Is CBD Oil Legal In Your State?

CBD oil is legal in all 50 states, albeit the laws vary by state to make things simple for you. The legality of which CBD products people can consume and which are restricted is determined by state laws.

Connecticut — FDA-approved medicinal marijuana and CBD products are now legal.

Wyoming — CBD oil is legal as long as it is made from Hemp and has less than 0.3 percent THC.

Maine — FDA-approved medicinal marijuana and CBD products are now legal.

Virginia – CBD is allowed in Virginia if obtained legally and adheres to FDA rules. CBD with less than 0.5 percent THC can also be used for medical reasons.

Massachusetts — FDA-approved medicinal marijuana and CBD products are now legal.

New Hampshire — FDA-approved medicinal marijuana and CBD products are now legal.

New Jersey — FDA-approved medicinal marijuana and CBD products are now legal.

Texas — If CBD products include less than 0.3 percent THC, they are permitted to use. CBD for medical purposes, on the other hand, is legal as long as the THC content is less than 0.5 percent.

New York — FDA-approved medicinal marijuana and CBD products are now legal.

Pennsylvania — FDA-approved medicinal marijuana and CBD products are now legal.

Utah — CBD oil containing less than 0.3 percent THC is legal. However, except for gelatin cubes, CBD edibles are prohibited.

Rhode Island — FDA-approved medicinal marijuana making CBD oil legal.

Vermont — FDA-approved medicinal marijuana making CBD oil legal.

Wisconsin – The law in Wisconsin is murky on CBD products. Possession of CBD products is punishable by jail. However, the AG cautioned against enforcing the legislation. If you want to use CBD oil in Wisconsin, you should receive a doctor’s note.

Illinois — FDA-approved medicinal marijuana making CBD oil legal.

North Carolina — Growing Hemp is illegal, but it is legal for medical use if it contains less than 0.9 percent THC.

Michigan — FDA-approved medicinal marijuana making CBD oil legal.

Minnesota — FDA-approved medicinal marijuana making CBD oil legal.

South Carolina – CBD products that contain less than 0.3 percent THC are permitted in South Carolina. CBD for medical purposes is also legal if the THC content is less than 0.9 percent.

Missouri — FDA-approved medicinal marijuana and CBD products are now legal.

South Dakota — South Dakota recently became the first state to legalize CBD. Therefore, it is lawful in South Dakota if the FDA has approved the CBD product.

Nebraska — FDA-approved medicinal marijuana and CBD products are now legal.

North Dakota — FDA-approved medicinal marijuana and CBD products are now legal.

Ohio — FDA-approved medicinal marijuana and CBD products are now legal.

Oklahoma — The FDA has deleted the word “marijuana” from its list of approved CBD products. It is permitted to use CBD oil and products with less than 0.3 percent THC.

Arkansas — FDA-approved medicinal marijuana and CBD products are now legal.

Delaware — FDA-approved medicinal marijuana and CBD products are now legal.

Florida — FDA-approved medicinal marijuana and CBD products are now legal.

Tennessee — CBD is permitted if the THC content is less than 0.3 percent. CBD for medical purposes, on the other hand, is legal as long as the THC content is less than 0.9 percent.

Louisiana — FDA-approved medicinal marijuana making CBD oil legal.

Maryland — FDA-approved medicinal marijuana and CBD products are now legal.

Georgia — CBD products with less than 0.3 percent THC are legal.

Alaska — FDA-approved medicinal marijuana and CBD products are now legal.

Arizona — FDA-approved medicinal marijuana and CBD products are now legal.

California — FDA-approved medicinal marijuana and CBD products are now legal.

Alabama — CBD products with less than 0.3 percent THC content that the FDA has approved are lawful for recreational use in Alabama.

Indiana — It is legal to use CBD oil if it contains no other banned substances and contains less than 0.3 percent THC.

Iowa – CBD products are legal if they comply with Iowa Code Chapter 124E.

Colorado — FDA-approved medicinal marijuana and CBD products are now legal.

Hawaii — FDA-approved medicinal marijuana making CBD oil legal.

Kansas — CBD products are legal if the FDA approves them. CBD products with less than 5% THC are also permitted for medical usage.

Washington — FDA-approved medicinal marijuana and CBD products are now legal.

West Virginia — FDA-approved medicinal marijuana and CBD products are now legal.

Idaho — FDA-approved medicinal marijuana and CBD products are now legal.

Kentucky — When describing CBD products for medical use, “marijuana” was removed. CBD oil is legal to use as long as the THC content is less than 0.3 percent.

Montana — FDA-approved medicinal marijuana and CBD products are now legal.

Nevada — FDA-approved medicinal marijuana and CBD products are now legal.

New Mexico — FDA-approved medicinal marijuana and CBD products are now legal.

Oregon — FDA-approved medicinal marijuana and CBD products are now legal.

Mississippi — Allows CBD oil and products with a THC content of less than 0.3 percent, as determined by the FDA. CBD in higher quantities, up to 0.5 percent, can be used by medical patients.

Is CBD Oil Legal In All States?