Is CBD Legal In USA?

Know The Facts

Updated on June 3, 2023

In recent years CBD has become widely popular and recognized as a natural beneficial supplement for all sorts of health issues. With the massive rise in demand all across America, we have seen states legalizing the herb in some form or another. Whether you wish to consume Cannabis for medicinal or recreational use it’s important that you know the laws of the state you live in.

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.

Is CBD legal?
Yes, it is legal in all 50 states as long as it is derived from Hemp and contains less than 0.3% THC.

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.

All You Need To Know About CBD – Complete Guide

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?

No, that is because the Marijuana plant contains a high amount of THC more than 0.3% which is federally approved. But it is fully legal in states that have passed recreational marijuana laws or in states with medical marijuana programs. Having said that the legality of marijuana-derived CBD varies according to state legislation.

Is consuming more than 0.3% THC legal?

It is illegal if the CBD-derived product has a THC content of more than 0.3% as it is then considered to be in the same class as marijuana which is an illegal substance.

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?

You can buy CBD oil and other products from reliable brands like Charlotte’s Web, cbdMD, CBDPure, Herb Approach All of these brands sell high-quality CBD products that are derived from hemp plants and delivered through all 50 states.

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

  • Alaska
  • California
  • Colorado
  • Maine
  • Massachusetts
  • Michigan
  • Oregon
  • Vermont
  • Washington
  • 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

  • Alabama
  • Georgia
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Mississippi
  • North Carolina
  • South Carolina
  • Tennessee
  • Texas
  • Virginia
  • Wyoming
  • Wisconsin

List of States where Medical Marijuana Law legally allows you to use CBD medically and recreationally

  • Arizona
  • Arkansas
  • Connecticut
  • Delaware
  • Florida
  • Hawaii
  • Illinois
  • Louisiana
  • Montana
  • Maryland
  • Missouri
  • Minnesota
  • New Hampshire
  • New York
  • New Jersey
  • New Mexico
  • North Dakota
  • Oklahoma
  • Ohio
  • Pennsylvania
  • Rhode Island
  • Utah
  • 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

  • Nebraska
  • Idaho
  • South Dakota

Where can you buy CBD oil and other products?

The easiest way to buy CBD products is online. No matter where you stay, you can easily get your hands on CBD products at your doorstep. It’s important you cautiously choose a brand which effective, reliable, and safe while buying online. To help you choose the right brand we have listed the top CBD brands below. Do check out these reliable and safe brands

Charlotte’s Web



Herb Approach

10 Best CBD Oil Products You Can Buy Today

Can CBD products be brought over the counter?

Yes, CBD products can be brought over the counter from Walgreens and CVS. You can buy topical products like creams, patches, sprays, roll-ons, lotions, and even lip balms.

You can also get CBD for medicinal use from Licensed Dispensary if you have a medical cannabis license in your home state.

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