CBD Legality | The Comprehensive Guide to Legal CBD in the US

With CBD being practically everywhere you look, many people wonder, “is CBD legal in all 50 states?” Maybe your friends are talking about it or you see it all over the internet, but can you buy CBD legally where you live? Are there certain CBD products that are legal and some that aren’t? Many people might still associate CBD with marijuana and “getting high” and there may be confusion surrounding CBD legality and whether CBD is legal in the US.

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Hemp VS Marijuana

Some of CBD’s legality lies in whether the CBD is derived from hemp or marijuana. The difference between the two can be a bit confusing. CBD is found in both hemp and marijuana plants among the three different varieties; Cannabis indica, Cannabis sativa, and Cannabis ruderalis. Hemp and marijuana plants are both cannabis plants, but the difference is determined by the percentage of THC contained in the cannabis plant. The simplest way to look at it is:

  • Cannabis containing more than 0.3% THC is considered marijuana
  • Cannabis containing 0.3% or less THC is classified as hemp

Is CBD Legal in My State?

With the passing of the Agricultural Improvement Act of 2018, commonly known as the 2018 Farm Bill, hemp containing less than 0.3% THC became legal and helped expand the commercial cultivation of hemp in the US. It also removed hemp from the Controlled Substances Act and made it legal to produce on tribal lands and in US territories. So does that mean CBD made from hemp is legal in all 50 states? The answer isn’t quite that simple. These regulations don’t explicitly give legal status to hemp extract (aka CBD), and each state can handle CND legality differently. Find out if CBD is legal in your state below:

CBD Legality by state


It is legal for CBD from hemp to be produced, sold, and possessed.


The Alaska Department of Natural Resources (“DNR”), issued proposed industrial hemp rules that will require retailers to register with DNR to sell hemp and hemp products.


CBD is legal.


In Arkansas, you do not need a license or permit to sell or deliver CBD products.


Manufacturing, processing, or selling of non-food industrial hemp or hemp products is legal in California. However, there are restrictions on CBD in food and beverages. 


CBD is legal in Colorado, with some restrictions on CBD in baked goods. 


CBD is legal to purchase and consume in Connecticut.


Since 2014, CBD products have been legal in Delaware.


CBD is legal in Florida, but currently, there aren’t a ton of regulations.


CBD with no more than 5% THC is legal. However, 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.


In Hawaii, CBD is legal though it is illegal to add it to food, beverages, or cosmetics.


CBD is not legal in Idaho unless it contains zero THC. 


CBD is legal in Illinois.


In Indiana, you can legally buy, sell, and possess CBD products.


CBD products can only be sold in Iowa within stores that have a dispensary license. 


Kansas Law allows for the use and sale of CBD containing zero THC and cannot be used in food or beverage. 


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


While CBD is legal, there are many product restrictions and state officials can randomly test products. 


CBD products are legal in Maine as long as no medical claims are made to promote the product. It is treated as a food product rather than medicine.


CBD is legal in Maryland


In Massachusetts, it is prohibited to sell food containing CBD, animal feed with hemp, CBD products making medical claims, or unprocessed plant materials to consumers.


CBD is legal in Michigan.


CBD is legal in Minnesota. 


CBD is legal in Mississippi but cannot be used as a medical treatment.


CBD is legal in Missouri as long as it contains less than 0.3% THC. 


Montana has made CBD legal, but it is restricted in food and beverages.


CBD containing less than 0.3% THC is legal in Nebraska


CBD is legal to purchase in Nevada

New Hampshire 

Despite the restrictive marijuana laws, CBD is legal in New Hampshire.

New Jersey 

CBD is legal in New Jersey.

New Mexico 

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

New York 

CBD is legal in New York, but cannot be sold as a medication.

North Carolina 

CBD is legal in North Carolina and there are no laws that dictate who can sell CBD products.

North Dakota 

CBD is legal to purchase in North Dakota as long as it was extracted from industrial hemp per the 2018 Farm Bill.


Hemp-derived CBD is legal in Ohio


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


CBD is legal in Oregon whether it was derived from hemp or marijuana. 


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

Rhode Island

CBD is legal in Rhode Island as long as it was derived from hemp. 

South Carolina 

CBD is legal in South Carolina as long as the oil contains less than 0.3% THC.

South Dakota 

Hemp and CBD are still illegal in South Dakota according to a statement released by the Attorney General in March 2019.


CBD oil is legal in Tennessee as long as it contains less than 0.9% THC.


CBD is legal in Texas as long as it contains less than 0.3% THC. 


CBD has been legal in Utah since December 2018.


CBD is legal in Vermont.


CBD is legal in Vermont and in April 2020 the Governor signed a bill to regulate CBD products as food.


CBD is legal in Washington and can be purchased at dispensaries. 

West Virginia 

CBD is legal to purchase in West Virginia


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


Wyoming state law now allows for the use and possession of hemp and hemp products, including CBD though it was a long and hard-fought battle.

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Can You Drive On CBD?

Another common question about CBD is where you can drive after taking CBD. A study led by the Lambert Initiative for Cannabinoid Therapeutics at the University of Sydney in Australia, found that CBD does not affect a person’s ability to drive. The study, published in the Journal of the American Medical Association, concluded that there was no significant difference in driving performance between subject who consumed CBD and those who took a placebo. If you’re concerned about driving after taking CBD, use your best judgment and don’t attempt to drive after the first time you take CBD. It could make you feel sleepier or more relaxed than you anticipate, but it should not cause impairment.

Looking for High-Quality CBD?

Not all CBD is created equal, so when you’re looking to purchase CBD, make sure you get high-quality products. Color Up has a wide selection of CBD products including ingestible CBD capsules, CBD oil, CBD salves, CBD skincare, CBD for pets and more. Our award-winning CBD products are formulated with the finest botanical extracts, plant oils, and clinically proven active ingredients. Try them for yourself today!

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