Is CBD Legal In USA?
Know The Facts
Updated on June 3, 2023
Keep reading to find out if CBD is legal in your state, where to purchase, eligibility to consume CBD, and the reliable brands which ship to your state.
This was possible only after the 2018 Farm Bill legalized the cultivation, production, consumption, and possession of hemp and hemp-derived products at the federal level. This technically makes it legal in all 50 states, but CBD laws by state still vary which gives Individual states the power to ban CBD if they see fit.
But first, we need to know the difference between CBD derived from the hemp plant and marijuana plant.
CBD derived from Hemp Plant
- Legal at the federal level
- Contains less than 0.3% THC
- Non-intoxicating (won’t get you high unless you are very sensitive to THC or use large quantities of CBD hemp oil)
- Easily purchased online or in retail stores across the country.
CBD derived from Marijuana Plant
- Illegal at the federal level
- Contains higher amounts of THC (up to 30% or more with concentrates)
- Intoxicating (It will get you high)
- Only available for purchase in licensed medical or recreational marijuana dispensaries
The biggest distinction between hemp CBD and marijuana CBD is the level of THC they contain.
CBD derived from hemp contains less than 0.3% THC is in accordance with the 2018 Farm Bill and is legal in all 50 states.
Is CBD derived from Marijuana Plant legal?
Is consuming more than 0.3% THC legal?
The exception to this rule is if the CBD oil is prescribed under a medical marijuana program.
Where can you buy CBD products with 0.3% THC?
So, do check out the list below to see if the state you live in has legalized CBD.
Check this Google Sheet and know the List of States where CBD is Legal In USA
Firstly here is a list of the States which have legalized CBD for medical and recreational use both from Hemp and Marijuana
- Washington, DC
These are the states which have legalized consumption of CBD derived from Hemp and Marijuana. CBD oil and products are legally and easily accessible. You can shop for CBD oil if your 18+ for medical use or recreational purposes in these states.
List of States that have only Hemp-derived CBD legalization
- North Carolina
- South Carolina
List of States where Medical Marijuana Law legally allows you to use CBD medically and recreationally
- New Hampshire
- New York
- New Jersey
- New Mexico
- North Dakota
- Rhode Island
- West Virginia
You can legally use CBD derived from marijuana by officially registering with the state as a resident, have a qualifying medical condition, and own a valid MMJ card.
There are only three states where any form of CBD is entirely illegal
- South Dakota