CBD Legality Per State
The laws surrounding CBD can get confusing. To help clear things up, we’ve broken it down state-by-state, so you can see just how each one compares to the next on the topic of CBD.
Alabama
CBD in Alabama is legal for sale and purchase, just as long as it contains less than 0.3% THC. Those who cultivate and manufacture CBD products are required to have a permit, otherwise, they’re breaking Alabama law. Other than that, CBD is legal for anyone aged 18 or older.
Prescription: Not needed
Important Restrictions to Note: Alabama has little restrictions on hemp-derived CBD.
Alaska
As long as it’s grown from industrial hemp, CBD is legal in Alaska. Any product that contains more than 0.3% THC is considered illegal and cannot be consumed.
Prescription: Only needed for cannabis-derived CBD
Important Restrictions to Note: It is illegal to be marketed as an additive within CBD-infused foods and beverages.
Arizona
Back in 2014, Arizona ruled CBD as a legal treatment for epilepsy. Since then, they’ve only accepted the substance more, making it fully legal for those 18 and older to purchase.
Prescription: Only needed for cannabis-derived CBD
Important Restrictions to Note: It is illegal to be marketed as an additive within CBD-infused foods and beverages.
Arkansas
After hemp-derived CBD was removed from the controlled substances list, Arkansas became one of the first states to fully legalize the sale and consumption of hemp-derived (cannabidiol) CBD. However, CBD must be hemp-derived, as cannabis is still illegal in the state unless for medical patients.
Prescription: Only needed for cannabis-derived CBD
Important Restrictions to Note: Arkansas has little restrictions on CBD.
California
In California, CBD is legal in all aspects. A few years back, the state fully legalized cannabis, making both hemp-derived and cannabis-derived CBD legal for purchase and consumption. Your CBD product does not have to contain less than 0.3%, either, though you must be at least 21 to purchase if they are. No medical marijuana card is required.
Prescription: Not needed
Important Things to Note: It is illegal to be marketed as an additive within CBD-infused foods and beverages.
Colorado
CBD is legal for sale and consumption in Colorado. In 2018, they passed a law stating that all parts of the industrial hemp plant can be used as a food ingredient if regulations are followed, also legalizing the addition of CBD-infused foods and drinks.
Prescription: Not needed
Important Restrictions to Note: CBD cannot be sold as an additive within baked goods.
Connecticut
CBD products containing less than 0.3% THC are legal for those of age in the state of Connecticut. Products above those levels are available, however, you must be in possession of a medical marijuana card to purchase.
Prescription: Needed for cannabis-derived CBD and CBD with more than 0.3% THC
Important Restrictions to Note: Products cannot make any medical or therapeutic claims.
Delaware
In Delaware, you can legally purchase CBD products containing less than 0.3% THC. Cannabis-derived CBD can only be purchased by those with a medical marijuana card, however, the product cannot contain more than 7% THC and must have at least 15% CBD.
Prescription: Only needed for cannabis-derived CBD
Important Restrictions to Note: Farmers must be affiliated with Delaware State University.
Florida
Hemp-derived CBD with less than 0.3% THC is legal for sale and enjoyment in Florida. If you want products with higher THC percentages, you must first obtain a medical marijuana card. In the past, Florida had quite unique laws surrounding CBD, but they’ve now aligned themselves primarily with federal law.
Prescription: Only needed for cannabis-derived CBD
Important Restrictions to Note: Companies that sell CBD ingestibles are required to have a license to do so.
Georgia
Like most states, Georgia legalized the sale and consumption of CBD oil with less than 0.3% THC. However, it’s still illegal for CBD to be added into any food, drink, or marketed as a dietary supplement.
Prescription: Not needed for hemp-derived CBD under 0.3% THC
Important Restrictions to Note: CBD cannot be used as an additive in foods or drinks, nor can it be smoked.
Hawaii
Technically, CBD is illegal in the state of Hawaii. Though it is legal federally, Hawaii wants its citizens to adhere to state laws instead, which clarifies that CBD is not legal for purchase or consumption by anyone who doesn’t have a medical marijuana card.
Prescription: Necessary for all forms of CBD
Important Restrictions to Note: CBD is not legal for purchase by anyone without a medical marijuana card.
Idaho
Unlike most states, CBD in Idaho is only legal if it does not contain any traces of THC. Even 0.3% is illegal for possession and consumption in Idaho, so businesses must go through strict extraction processes to ensure zero amounts of THC. CBD can also only be derived from one of the five parts of the plant.
Prescription: Necessary for all forms of CBD
Important Restrictions to Note: CBD is only legal if it has zero amounts of THC.
Illinois
CBD is completely legal in the state of Illinois. Recently, Illinois legalized recreational cannabis, allowing those who are 21 and older to enjoy cannabis in the privacy of their own home.
Prescription: Not needed
Important Restrictions to Note: CBD products, legally, cannot contain any medical claims.
Indiana
Hemp-derived CBD that contains less than 0.3% THC is legal for purchase and consumption in the state of Indiana. Cannabis-derived CBD, or CBD containing more than 0.3% THC, is still illegal for sale and possession in the state, however.
Prescription: Not needed
Important Restrictions to Note: Cannabis-derived CBD is still illegal.
Iowa
Iowa is one of the few states where CBD is still illegal for the general public. You’re only legally allowed to purchase hemp-derived CBD with less than 0.3% THC from licensed medical dispensaries, and if you have a medical marijuana card. Iowa also has various laws in place surrounding what types of CBD products are legal, with inhalation or vape devices remaining illegal for purchase, possession, and sale.
Prescription: Necessary for all forms of CBD
Important Restrictions to Note: CBD is illegal for the general public.
Kansas
Hemp-derived CBD is legal in Kansas, but with strict regulations. The CBD products cannot contain any amounts of THC and must be produced within the state and regulated by the Kansas Department of Agriculture. These products can only be sold in tincture, pill, lotion, and powder form.
Prescription: Not needed
Important Restrictions to Note: CBD products cannot contain any THC, nor can they be added into foods and beverages.
Kentucky
Though Kentucky does not have any medical marijuana programs, it still legalized hemp-derived CBD containing less than 0.3% THC. These are products you can purchase at your local Whole Foods or smoke shop.
Prescription: Not needed
Important Restrictions to Note: Cannabis-derived CBD is still illegal.
Louisiana
Despite a rocky history, Louisiana has finally aligned itself with federal law surrounding CBD. As long as your CBD is hemp-derived and contains less than 0.3%, it is legal for you to own and consume. CBD products as a whole are regulated similarly to alcohol tobacco sales, being overseen by the Louisiana Office of Alcohol and Tobacco Control.
Prescription: Not needed
Important Restrictions to Note: CBD inhalables, ingestibles, and infused alcohol are still illegal.
Maine
Both hemp-derived CBD and cannabis-derived CBD are legal for sale and consumption in the state of Maine. To purchase cannabis-derived CBD, though, you must have your medical marijuana card and buy it from licensed dispensaries. Like Colorado, it’s legal to add CBD within food and drinks in Maine.
Prescription: Needed for cannabis-derived CBD
Important Restrictions to Note: For restaurants that contain CBD-infused products, it must be explicitly stated alongside how much is included.
Maryland
CBD is legal in Maryland for both medical and non-medical patients. Non-medical patients have access to hemp-derived CBD containing less than 0.3% THC, and medical patients can purchase products that contain both THC and CBD. As long as it comes from industrial hemp, you can have as much in your possession as you’d like.
Prescription: Needed for cannabis-derived CBD
Important Restrictions to Note: Very little CBD restriction in Maryland.
Massachusetts
In Massachusetts, hemp-derived CBD is legal for both medical marijuana patients and those of the legal age limit. However, any CBD products--specifically edibles--that can be ingested are not allowed for sale in the state unless they undergo strict purity testing.
Prescription: Needed for cannabis-derived CBD
Important Restrictions to Note: Massachusetts does not allow for any medical or therapeutic claims unless the FDA says otherwise
Michigan
While CBD, both hemp and cannabis-derived, is legal in the state of Michigan, it is completely illegal for companies to market CBD oil as any dietary supplement or food additive. However, properly regulated CBD products are legal to purchase for all Michigan residents.
Prescription: Only needed for cannabis-derived CBD
Important Restrictions to Note: CBD cannot be marketed as an additive within foods or beverages.
Minnesota
Only CBD products that meet strict FDA standards, labeling, and testing requirements are legal for sale in Minnesota. Cannabis-derived CBD is only legal for those with medical marijuana cards.
Prescription: Needed for cannabis-derived CBD
Important Restrictions to Note: CBD cannot be added to any food or drink, nor can it be marketed as a treatment, cure, or preventative of any kind.
Mississippi
Out of all 50 states, Mississippi’s stance on CBD is one of the strictest. With the passing of the 2018 Farm Bill, Mississippi finally legalized CBD, though with the exceptions that the products must include 50 mg. of CBD per milliliter, with less than 2.5 mg. of THC per milliliter. Possession of any more than this is punishable by law.
Prescription: Not needed
Important Restrictions to Note: CBD is only legal in oil forms with very strict CBD and THC levels.
Missouri
Though they legalized medical marijuana back in 2019, Missouri seems to fall quiet on the topic of CBD. CBD is easily accessible throughout the state and law enforcement is not known for patrolling the substance, leaving many to believe that Missouri’s quite lax on the subject. Technically, however, they have yet to place concrete laws other than HB 2238 which allowed CBD use for epilepsy as long it contained less than 0.3% THC.
Prescription: Only needed for cannabis-derived CBD
Important Restrictions to Note: Businesses must register with the state before getting approved to sell CBD products.
Montana
In Montana, it is legal to purchase and possess hemp-derived CBD products. You can obtain CBD tinctures, topicals, and oils from proper manufacturers, but any CBD products within food, drink, or dietary supplements is illegal to consume or sell.
Prescription: Needed for cannabis-derived CBD
Important Restrictions to Note: CBD marketed as an additive in food or drink is illegal.
Nebraska
CBD that has been derived from industrial hemp is legal to produce and consume in Nebraska. Like federal regulation states, these products must contain less than 0.3% THC and cannot claim to treat or cure medical illnesses or complications, meeting FDA guidelines.
Prescription: Not needed
Important Restrictions to Note: CBD still considered Schedule 1 substance.
Nevada
Hemp-derived CBD is legal for sale and consumption in Nevada, though the products cannot make medical claims of any kind. Products that are intended for digestion are legal, though they must follow strict FDA guidelines and comply with proper labeling.
Prescription: Not needed
Important Restrictions to Note: Products cannot make medical claims of any kind.
New Hampshire
Like a few other states, New Hampshire hasn’t created its own laws surrounding CBD, and instead just adheres to federal. That being said, hemp-derived CBD containing less than 0.3% THC is widely available in the state, despite law enforcement officials being relatively unsure about their stance.
Prescription: Not needed
Important Restrictions to Note: CBD marketed as additives within food or beverages are illegal.
New Jersey
Hemp-derived CBD is legal for sale, possession, and consumption in New Jersey as long as it follows federal guidelines. Cannabis-derived CBD is also legal for qualifying medical marijuana patients and can only be found within licensed dispensaries.
Prescription: Only needed for cannabis-derived CBD
Important Restrictions to Note: There are very few restrictions on CBD in New Jersey.
New Mexico
In New Mexico, it is legal to manufacture, sell, and consume hemp-derived CBD that contains less than 0.3% THC. Medical marijuana patients are able to enjoy cannabis-derived CBD that must be purchased from regulated dispensaries.
Prescription: Only needed for cannabis-derived CBD
Important Restrictions to Note: CBD products must have COA’s.