Is CBD Legal In Your State?

Increasingly, more states are legalizing medical or recreational marijuana, but the laws vary from state to state. Specific legislation around hemp, marijuana, and CBD is in a constant of flux.

Still, much of the news coverage focuses on marijuana. So, where does that leave CBD?

As of December 2018, CBD is legal nationwide, federally. That seems straightforward enough at first glance, but the legality of CBD in your state is likely a bit more complicated. It depends on which state you live in, and whether your particular CBD product was sourced from industrial hemp or marijuana.

While a majority of CBD products are sourced from hemp, they can also be sourced from marijuana, which contains THC. Recreational marijuana is only legal in ten states and Washington, D.C. Unless you live in one of those states, you need to be careful about where your CBD products are sourced from, or you could be breaking the law.

In this guide, we’ve provided a recap of the current legislation on CBD, organized by state. But first, we review the history of CBD legislation in the U.S.

To go straight to the state-by-state guide, click here.

A quick history of CBD legislation in the United States

It may be hard to believe, but there was a time when hemp and marijuana weren’t criminalized. Many early American farmers grew hemp, and not all of them were using it to get high. Industrial hemp has wide-ranging applications as an agricultural commodity. Commercial hemp can be grown as a seed and a fiber, and it’s used in a variety of products, including cosmetics, textiles, paper, and construction materials.

1937: The criminalization of marijuana begins

However, because hemp and marijuana come from the same plant, Cannabis Sativa, they got lumped together under the Marijuana Tax Act of 1937. The law was primarily designed to discourage the recreational use of marijuana, but it also imposed heavy taxes on those growing cannabis and hemp for other purposes. As a result, farmers moved away from growing hemp, and the broader association (and confusion) of all cannabis with marijuana began.  

The problem here was not just that the economic viability of hemp was cut off at the pass, but that hemp is very different from marijuana from a drug perspective. Marijuana evokes its characteristic stoned feeling due to one key psychoactive ingredient: tetrahydrocannabinol, or THC. Marijuana contains 15% to 40% of THC.

Conversely, hemp only contains 0.3% of THC. Even though hemp and marijuana both derive from the Cannabis Sativa plant, CBD, or cannabidiol, is the primary compound in hemp products. And CBD, unlike THC, contains no psychoactive properties. In fact, CBD can even counteract the psychoactive effects of THC.

1970: Cannabis gets classified as a Schedule I drug

Nevertheless, all strains of cannabis continued to be classified together, and so did THC and CBD. When the federal government passed the Controlled Substances Act in 1970, hemp was included along with marijuana as a Schedule I drug—the same category as significantly more dangerous drugs like heroin. Considering that CBD has no psychoactive properties, this seems like a bit of an overreach.

In the 1990s, a few states took up the banner for hemp. Several enacted state legislation to allow hemp production. However, due to the federal ban and the publicity of being a Schedule I drug, industrial hemp production had trouble getting off the ground.

2014: Congress passes the Farm Bill

It wasn’t until 2014 that hemp enjoyed some legalization again, with the 2014 Farm Bill.

Section 7606 of the bill defined industrial hemp as Cannabis Sativa containing 0.3% of THC or less. It allowed state agriculture departments and institutions of higher education to cultivate hemp for the purposes of agricultural or academic research. It also provided avenues for farmers interested in growing hemp to get certified by their state agriculture department. Importantly, the bill extended the jurisdiction of hemp production from the DEA alone to also include the USDA and FDA—opening the door for future regulation.

Fairly quickly, hemp production began to blossom. As of June 2018, U.S. hemp products make about $700 million in sales annually. Even more promising, researchers are finding new use cases for hemp, such as its potential for a biofuel or animal feed.

2018: Hemp-sourced CBD enjoys federal legalization

Thanks to the success of these state research programs, lawmakers were able to propose and pass The Hemp Farming Act in December 2018. The Act was included in the 2018 Farm Bill, which is officially known as the Agriculture Improvement Act of 2018.

The bill, which was signed into law in December 2018, defines hemp as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

The bill makes hemp an agricultural commodity and removes it from the controlled substances list, thus removing it from the oversight of the DEA. In other words, any industrial hemp product is now legal on a federal level nationwide, including CBD.

How the federal farm bill translates to state law

However, the 2018 Farm Bill also gives states the ability to oversee hemp production, which means they can restrict it as well. Three states have taken advantage of that right, as the legal status of CBD oil products is still unsettled in three states: Idaho, Nebraska, and South Dakota.

The laws in your state can also vary, depending on your intended use for the CBD and where it was sourced from.

If you live in Washington, D.C., or in the the one of the ten states who have legalized marijuana for recreational use, you’ll enjoy the least restrictions. CBD will be federally legal in your state, and it’s also legal on a state level regardless of whether it comes from hemp or marijuana.

states that legalized marijuana for recreational use

Over 30 states have legalized medical marijuana. However, even in these states, medical CBD sourced from marijuana may have some restrictions. Typically, it’s only permissible if the patient has a qualifying condition, and in a number of states, it’s only approved for cases of intractable epilepsy.

To learn more, review your state’s laws below.

CBD Laws by State

Here’s an overview of the legal status of CBD in each state, as of January 2019. We provide details on each state’s laws below, including any qualifications about the approved use cases for medical CBD.

State Hemp-sourced CBD for any use Marijuana-sourced CBD for medical use Marijuana-sourced CBD for recreational use
Alabama Legal Legal Illegal
Alaska Legal Legal Legal
Arizona Legal Undecided Illegal
Arkansas Legal Legal Legal
California Legal Legal Legal
Colorado Legal Legal Legal
Connecticut Legal Legal Illegal
Delaware Legal Legal Illegal
Florida Legal Legal Illegal
Georgia Legal Legal Illegal
Hawaii Legal Legal Illegal
Idaho Illegal Illegal Illegal
Illinois Legal Legal Illegal
Indiana Legal Legal Illegal
Iowa Legal Legal Illegal
Kansas Legal Illegal Illegal
Kentucky Legal Legal Illegal
Louisiana Legal Legal Illegal
Maine Legal Legal Legal
Maryland Legal Legal Illegal
Massachusetts Legal Legal Legal
Michigan Legal Legal Legal
Minnesota Legal Legal Illegal
Mississippi Legal Legal Illegal
Missouri Legal Legal Illegal
Montana Legal Legal Illegal
Nebraska Illegal Illegal Illegal
Nevada Legal Legal Legal
New Hampshire Legal Legal Illegal
New Jersey Legal Legal Illegal
New Mexico Legal Legal Illegal
New York Legal Legal Illegal
North Carolina Legal Legal Illegal
North Dakota Legal Legal Illegal
Ohio Legal Legal Illegal
Oklahoma Legal Legal Illegal
Oregon Legal Legal Legal
Pennsylvania Legal Legal Illegal
Rhode Island Legal Legal Illegal
South Carolina Legal Legal Illegal
South Dakota Unclear Unclear Illegal
Tennessee Legal Legal Illegal
Texas Legal Legal Illegal
Utah Legal Legal Illegal
Vermont Legal Legal Legal
Virginia Legal Legal Illegal
Washington Legal Legal Legal
Washington, D.C. Legal Legal Legal
West Virginia Legal Legal Illegal
Wisconsin Legal Legal Illegal
Wyoming Legal Legal Illegal

Alabama

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

In accordance with the 2018 Farm Bill, hemp-sourced CBD is legal in the state of Alabama, according to a public notice from the State Attorney General. Specifically, CBD sourced from marijuana is legal for treating debilitating seizures (Carly’s Law, 2014), and can be possessed by the parents and legal guardians of these parents (Leni’s Law, 2016).

However, possession of marijuana for personal use is a Class A misdemeanor, as recreational marijuana is not legal in Alabama.

Alaska

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: LEGAL

Marijuana has been legalized for both medical and recreational use in Alaska. However, Alaska hasn’t yet produced hemp under their industrial hemp pilot program (Senate Bill 6), so technically any CBD products could be in violation of state law—although it’s not being enforced, according to Senator Mitch McConnell.

Arizona

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: UNCLEAR
  • Marijuana-sourced CBD for recreational use: ILLEGAL

Medical marijuana is legalized in Arizona (Proposition 203, 2010). However, the courts have interpreted the law to exclude cannabis extracts, as well as CBD, since Arizona law still defines cannabis as separate from marijuana.

As a result, individuals who are approved for medical marijuana use have been charged with criminal possession of a drug when they’ve innocently purchased CBD. Judges continue to disagree as cases like this go back and forth in the courts. Until these reach the Arizona Supreme Court, the legal status of marijuana-sourced CBD for medical users remains unclear.  

Arkansas

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: LEGAL

In 2016, Arkansas legalized medical marijuana under the Arkansas Medical Marijuana Amendment, which resulted in clear guidelines for the labeling of THC and CBD products for medical use. A year later, it instituted an industrial hemp pilot program (Arkansas Industrial Hemp Act, 2017).

California

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: LEGAL

Marijuana has been legalized for both medical and recreational use in California (Senate Bill 420, 2003, and California Food and Agricultural Code, Division 24, 2016). That means that CBD products, whether they are sourced from hemp or marijuana, are legal in California—with one exception. The California Department of Health prohibits CBD being added to food (including pet food), until it has been approved by the FDA as a safe food ingredient, additive, or dietary supplement.

Colorado

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: LEGAL

Marijuana has been legalized for both medical and recreational use in Colorado (Colorado Constitution, Article XVIII, Section 14, 2000). Further, Colorado has very pro-hemp legislation that’s intended to separate the legal definitions of hemp and marijuana. Colorado’s industrial hemp pilot program only regulates the cultivation of hemp, but not the sale or distribution of it.

Connecticut

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

In 2012, Connecticut passed HB 5389, which legalized medical marijuana in the state. In 2015, it passed HB 5780, which legalized industrial hemp. However, unauthorized possession of recreational marijuana is still illegal in Connecticut—either by fines for possession of less than 0.5 oz, or a Class A Misdemeanor for 0.5 oz or more.

Delaware

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

Medical marijuana is legal in Delaware, but only for approved conditions (Delaware Medical Marijuana Act, 2011). Patients and their caregivers can receive an ID card to possess 6 ounces or less. Under Rylie’s Law (SB 90), passed in 2015, CBD oil sourced from marijuana was also legalized for medical use, providing that it contain no more than 7% THC.

However, marijuana (and all products sourced from marijuana) for recreational use is still a punishable offense under state law. The state also has an industrial hemp pilot program.

Florida

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

As of 2017, medical marijuana became legal in Florida under Article X Section 29 of the Florida Constitution. Marijuana-sourced CBD products intended for medical use in Florida are also legal, under specific conditions. Section 381.986 of the Florida Statutes defines low-THC cannabis products as those with 0.8% or less of THC and more than 10% of CBD. These can be prescribed by physicians for qualifying medical conditions.

However, recreational marijuana is still prohibited under the Florida Criminal Code and punishable as a misdemeanor or felony, depending on whether the individual has more than 20 grams. Florida began their industrial hemp pilot program in 2017.

Georgia

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

Under Haleigh’s Hope Act, passed in 2015, Georgia allows for marijuana-sourced CBD to be used to treat medical conditions. However, the CBD oil must contain less than 5% THC and the CBD must be equal to or greater than the THC. It can only be prescribed for approved qualifying conditions, including end-stage cancer, amyotrophic lateral sclerosis, seizure disorders, multiple sclerosis, Crohn’s disease, mitochondrial disease, Parkinson’s disease, and sickle cell disease.

As for recreational use of marijuana, the laws are changing in Georgia at the time of writing. A 2017 court decision decriminalized personal use and possession of marijuana (although the individual can still be fined), but the sale, distribution, and production is still illegal.

Hawaii

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

Hawaii has an industrial hemp pilot program, and it’s legalized marijuana for medical use since 200 (SB 862). However, recreational marijuana is still illegal in the state.

Idaho

  • Hemp-sourced CBD: ILLEGAL
  • Marijuana-sourced CBD for medical use only: ILLEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

Unfortunately, Idaho is one of three states that has restrictions on all forms of cannabis, despite the 2018 Farm Bill legalizing industrial hemp on a federal level. The only exception is for pediatric patients with extreme forms of epilepsy—but even they are only permitted to be prescribed Epidiolex (a FDA-approved drug that contains CBD), rather than CBD oil itself.

Because Section 37-2701 of Idaho Code defines marijuana as “all parts of the plant of the genus Cannabis, regardless of species,” CBD is illegal in Idaho. This creates a significant gray area for citizens of Idaho who may only be using CBD legally if they are on federal ground.

Illinois

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

Illinois legalized medical marijuana in 2013 under the Compassionate Use of Medical Cannabis Pilot Program Act. The state also has an industrial hemp pilot program. In 2018, the state passed legislation that officially legalized the sale and use of CBD oil with 0.3% THC or less (SB 2772).

While Illinois’ laws on marijuana are more lenient than other states (possession of 10 grams is just a Civil Violation), recreational marijuana is still illegal here.

Indiana

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

Medical marijuana is not legalized in Indiana. However, using medical CBD to treat epilepsy is legal under HB 1148. The state began their industrial hemp pilot program in 2016. In 2018, they passed Senate Bill 52, which expanded the legal protections towards CBD, specifically legalized the sale and use of CBD products with 0.3% THC or less.

Iowa

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

Iowa does not have an industrial hemp pilot program, nor is medical marijuana legalized in the state. Recreational marijuana is also illegal in Iowa.

However, a medical CBD program is under development (Medical Cannabidiol Act, 2018). Currently, qualifying medical conditions include end-stage cancer, chemotherapy induced vomiting, seizures, Crohn’s disease, untreatable pain, multiple sclerosis, AIDS or HIV, amyotrophic lateral sclerosis, Parkinson’s disease, or any terminal illness with a life expectancy of 1 year or less. The CBD product must contain 3% THC or less.

Kansas

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: ILLEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

Neither medical or recreational marijuana has been legalized in Kansas. However, the state passed a law in 2018 that removed hemp products with 0% THC from the controlled substances list (SB 282), essentially legalizing CBD products sourced from hemp. In the same year, the state also created an industrial hemp pilot program. CBD sourced from marijuana is still illegal under Kansas law if it contains significant levels of THC.

Kentucky

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

The Clara Madeline Gilliam Act (SB 124), passed in 2014, exempted CBD from the Kentucky definition of marijuana drugs and allowed it to be administered by physicians at state research hospitals, institutions of higher education, or in clinical trials. Marijuana is still illegal in Kentucky, so CBD products containing high amounts of THC are as well, unless they are covered under SB 124. In 2016, Kentucky began their industrial hemp pilot program.

Louisiana

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

Louisiana legalized medical marijuana in 2017 (SB 261), but recreational use is still illegal. There are no specific laws pertaining to CBD in the state, nor an industrial hemp pilot program.

Maine

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: LEGAL

Marijuana has been legalized for both medical and recreational use in Maine. Medical marijuana was legal in Maine as far back as 1999, but it wasn’t until the Maine Medical Marijuana Act of 2009 that it became official. In 2015, Maine legalized commercial hemp production (Maine Revised Statutes 2231). The next year, Maine voters approved legalizing recreational marijuana use. All CBD products are legal in Maine, regardless of intended use or cannabis source.

Maryland

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

The Maryland Medical Cannabis Commission manages the state’s medical marijuana program. In 2015, HB 803 changed the definition of marijuana to exclude industrial hemp, removing it from the controlled substances list. The industrial hemp pilot program was established in 2016 under HB 443. In 2018, under HB 693, the program was expanded to further commercial production of industrial hemp in the state. Recreational marijuana is still illegal in Maryland.

Massachusetts

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: LEGAL

Marijuana has been legalized for both medical and recreational use in Massachusetts. The state legalized medical use in 2012, and recreational use in 2016. The industrial hemp pilot program launched in 2017.

Michigan

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: LEGAL

Marijuana has been legalized for both medical and recreational use in Michigan since 2008 and 2018, respectively. In 2014, Michigan amended the definition of marijuana to exclude industrial hemp with 0.3% THC or less (HB 5440). The state established its industrial hemp pilot program in 2016.

Minnesota

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

Minnesota legalized medical marijuana in 2014 (SF 2471). The state’s medical cannabis program covers a long list of qualifying conditions. In addition to the standard conditions that are approved in most states, Minnesota’s qualifying conditions also include Alzheimer’s and obstructive sleep apnea. The state also has an industrial hemp pilot program. Recreational marijuana is still illegal in Minnesota.

Mississippi

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

Under Harper Grace’s Law (HB 1231, 2014), CBD products were legalized for patients with severe epilepsy as recommended by a licensed physician. The CBD product can contain no more than 0.5% THC, and must contain more than 15% CBD.

Mississippi does not have an industrial hemp pilot program. While marijuana is not legal, it has been decriminalized to an extent. For an individual’s first offense, possession of 30 grams or less is only punishable by a maximum $250 fine.

Missouri

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

In December 2018, Missouri legalized medical marijuana under Constitutional Amendment 2.

Previously, medical CBD was only legal if the hemp extract product contained 0.3% THC or less, and at least 5% CBD (HB 2238, 2014). This bill was also enacted specifically for patients with intractable epilepsy. Under the new 2018 law, the medical cannabis program has been expanded to include medical marijuana and a range of qualifying conditions.

The state also have an industrial hemp pilot program. Recreational marijuana is still illegal in Missouri.

Montana

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

Montana has both a medical marijuana program and an industrial hemp pilot program (Montana Code Annotated, Title 80, Chapter 18, 2017). The medical marijuana program was first enacted in 2004. Recreational marijuana is still illegal in Montana.

Nebraska

  • Hemp-sourced CBD: ILLEGAL
  • Marijuana-sourced CBD for medical use only: ILLEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

Nebraska does has an industrial hemp pilot program, but cannabis of all forms is highly restricted in this state. Currently, CBD is still included in the legal definition of marijuana under Nebraska’s Uniform Controlled Substances Act.

In 2015, Nebraska passed LB 390, which allowed CBD to be prescribed for individuals with intractable epilepsy, but only to patients accepted into the state Medical Cannabidiol Pilot Study. That study will expire in 2019.

In preparation for that expiration date, the State Attorney General released a statement clarifying that because CBD is still classified as marijuana, the only other current legal exception for CBD products are drugs that have been approved by the FDA. To date, that only includes Epidiolex, a CBD oral spray for severe epilepsy.

Because CBD from industrial hemp is legal on a federal level, thanks to the 2018 Farm Bill, this leaves the current overall legal status of CBD in Nebraska murky at best.

Nevada

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: LEGAL

Marijuana has been legalized for both medical and recreational use in Nevada (NRS 453A, 2000, and NRS 453D, 2016). The state also has an industrial hemp pilot program.

New Hampshire

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

New Hampshire legalized medical marijuana in 2013 (HB 573) and established an industrial hemp pilot program in 2015. Recreational marijuana is still illegal in New Hampshire.

New Jersey

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

New Jersey’s medicinal marijuana program was passed into law in 2009 (SB 119). It does not have an industrial hemp pilot program yet, and recreational marijuana is still illegal.

New Mexico

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

Medical marijuana is legal in New Mexico (SB 523, 2007). The state has an industrial hemp pilot program (SB 6, 2017). New Mexico was also the first state to approve medical cannabis as a treatment for PTSD. Recreational marijuana is still illegal in New Mexico.

New York

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

New York’s industrial hemp pilot program was launched in 2015 and continues to receive significant funding from the state. The state also legalized medical marijuana in 2014 (AB A6357E). However, recreational use of marijuana is still illegal in New York.

North Carolina

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

North Carolina does not have a medical marijuana program, but it does allow CBD products to be prescribed for intractable epilepsy (HB 766, 2015). The products must contain less than 0.9% THC and at least 5% CBD. As of 2016, the state also has an industrial hemp pilot program. Recreational marijuana is still illegal in North Carolina.

North Dakota

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

In 2016, North Dakota legalized medical marijuana under the North Dakota Compassionate Care Act. It also instituted an industrial hemp pilot program. However, recreational marijuana is still illegal in North Dakota.

Ohio

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

Ohio legalized medical marijuana in 2016 (HB 523). The state’s Medical Marijuana Control Program was supposed to launch in fall of 2018, but is experiencing delays.

Meanwhile, the State of Ohio Board of Pharmacy released a FAQ stating that recreational CBD products were still illegal, as they are still defined as marijuana under Section 3719.01 of the Ohio Revised Code and were considered illegal at a federal level. However, this was issued before the 2018 Farm Bill was passed, so it may be safe to assume the CBD sourced from hemp, as well as medical CBD, is now legal in the state of Ohio.

Oklahoma

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

In 2018, Oklahoma passed legislation to establish both a state medical marijuana program (SQ 788) and an industrial hemp pilot program (HB 2913). Additionally, Oklahoma state law classifies CBD separately from marijuana. CBD sourced from hemp with 0.3% THC or less is allowed to be sold and used throughout the state.

Prior to this legislation, medical CBD with higher levels of THC was permitted to be prescribed to patients with severe epilepsy and a few other conditions (HB 2154, 2015).

Oregon

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: LEGAL

Marijuana has been legalized for both medical and recreational use in Oregon (SB 161, 2007, and Measure 91, 2014). The state also has an industrial hemp pilot program.

Pennsylvania

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

In 2016, Pennsylvania passed legislation to establish a medical marijuana program (SB 3). The state also has an industrial hemp pilot program. Recreational marijuana is still illegal in Pennsylvania.

Rhode Island

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

Rhode Island has an industrial hemp pilot program and a medical marijuana program (SB 791, 2007, and SB 185, 2009). Recreational use of marijuana is still illegal in Rhode Island.

South Carolina

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

South Carolina’s medical CBD law, the Medical Cannabis Therapeutic Treatment Act, or “Julian’s Law,” was passed in 2014 (SB 1035). The law allows CBD products with at least 98% CBD and 0.9% or less THC to be prescribed for patients with Lennox-Gastaut Syndrome, Dravet Syndrome, and other severe forms of epilepsy. The state also has an industrial hemp pilot program. Recreational marijuana is illegal in South Carolina.

South Dakota

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

Along with Idaho and Nebraska, South Dakota has the strictest laws on cannabis in the country. Possession of just 2 ounces or less is a misdemeanor with up to a 1 year prison sentence and a $2,000 fine. The state doesn’t have a medical marijuana program or an industrial hemp pilot program.

In 2017, South Dakota passed SB 95, which requires medical CBD products to be approved by the FDA in order to be legal. Currently, Epidiolex is the only drug on that list.

The bill also removed CBD from the definition of marijuana and reclassified it as a Schedule IV controlled substance, instead of Schedule I. However, that still criminalized CBD in a way that contradicts the federal legalization of CBD sourced from hemp. In January 2019, South Dakota’s Health and Human Services Committed passed an amendment that clarified that possession of hemp CBD, without a prescription, is legal.

Tennessee

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

In 2014, Tennessee passed HB 2445, which updated the state criminal code to remove industrial hemp from the definition of marijuana. Also in 2014, the state passed SB 2531, which allowed CBD oil to be prescribed to treat intractable epilepsy as part of a clinical research study. A year later, Tennessee expanded the law to allow CBD oil (with 0.9% THC or less) to be prescribed to treat intractable epilepsy by authorized physicians (HB 197).

The state has an industrial hemp pilot program. Marijuana for either recreational or medical use is still illegal in Tennessee.

Texas

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

Texas does not yet have an industrial hemp pilot program, and marijuana remains illegal in the state, for either recreational or medical use. However, the state does allow low-THC cannabis products to be prescribed to patients with intractable epilepsy (SB 339, 2015). The product must contain 0.5% THC or less, and at least 10% CBD.

Utah

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

Passed in 2018, Utah’s Hemp and Cannabidiol Act defined and clearly legalized industrial hemp CBD in various forms, from tablets to gelatinous cubes. Also in 2018, Utah legalized medical marijuana (Prop 2). Recreational marijuana is still illegal.

Utah has also legalized medical CBD. In 2014, Utah passed the Hemp Extract Registration Act legalized hemp extract (with at least 15% CBD) to be prescribed to intractable epilepsy patients. The state started their industrial hemp pilot program in 2016.

Vermont

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: LEGAL

Marijuana has been legalized for both medical and recreational use in Vermont. In 2018, Vermont actually became the first state to legalize recreational marijuana through the legislative process, as opposed to a ballot initiative (H.511). Vermont legalized medical marijuana in 2004 and continues to add qualifying conditions to the approved list. The state has an industrial hemp pilot program.

Virginia

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

Virginia originally legalized the medical use of CBD oil and THC-A oil to treat intractable epilepsy in 2015 (HB 1445). In 2018, Virginia passed a bill that broadly expanded the legalization of medical CBD oil to be prescribed for “any diagnosed condition or disease determined by the practitioner to benefit from such use” (HB 1251). Virginia launched its industrial hemp pilot program after the 2014 Farm Bill was passed. Recreational marijuana is still illegal in Virginia.

Washington

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: LEGAL

Marijuana has been legalized for both medical and recreational use in Washington. Under Washington state law, any CBD products with 0.3% THC or less are not defined as marijuana or considered controlled substances.

After Colorado, Washington was the second state to legalize marijuana for recreational use in 2012 with Initiative 502. The state’s medical marijuana program was first established in 1998 with Initiative 692. Washington also has an industrial hemp research pilot program.

Washington, D.C.

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: LEGAL

Marijuana has been legalized for both medical and recreational use in Washington, D.C. In 2014, Washington DC Initiative 71 went into effect in Washington,, D.C., legalizing personal  marijuana use. The law has significant constraints on how much marijuana a person can possess, and they’re not able to sell marijuana.

West Virginia

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

Medical marijuana recently became legalized in West Virginia under the Medical Cannabis Act (SB 386). The state launched its industrial hemp pilot program in 2016. Marijuana for recreational use is still illegal in West Virginia.

Wisconsin

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

Both recreational and medical use of marijuana remain illegal in Wisconsin. However, the state has medical CBD legislation and an industrial hemp pilot program. In 2013, Wisconsin passed AB 726, which allows CBD oil to be prescribed to treat seizure disorders.

Wyoming

  • Hemp-sourced CBD: LEGAL
  • Marijuana-sourced CBD for medical use only: LEGAL
  • Marijuana-sourced CBD for recreational use: ILLEGAL

Both recreational and medical use of marijuana remain illegal in Wyoming. However, the state passed legislation in 2015 allowing for CBD hemp extract (0.3% THC or less, with 5% or more CBD) to be prescribed to treat patients with intractable epilepsy (HB 32). Wyoming’s industrial hemp pilot program is just getting started.

Editor’s Note:

This article is for informational purposes only. Consult your state’s Criminal Code or Agriculture Department for the most up-to-date information on regulation of CBD in your state.

Last updated: January 2019.