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50 State CBD Legality

*The information on this page regarding the 2018 Farm Bill is for educational purposes only and is not legal advice.

The below classifications reflect lawful POSSESSION of CBD products only. Commercial manufacturing and distribution laws differ widely among the states in each grouping. Please contact alex@buscherlaw.com for more information. Additionally, enforcement actions have happened even in “green” states, generally due to misunderstandings by law enforcement. Anytime hemp is shipped interstate there is a risk of seizure, no matter the states of origin and destination.

 

*Individual state law reviews available upon request. The below is for informational purposes only and is not legal advice. If you believe any of these classifications are incorrect, please email citing code or statutory sections.

The 2018 Farm Bill does not, by itself, change state hemp or hemp-derived cannabidiol (CBD) legality. Although the Senate version would have legalized hemp nationwide, the final Farm Bill leaves the responsibility to legalize hemp to the states.


The legality of CBD under state law is often overlooked, and arguably much more important than federal legality in terms of potential legal consequences for both businesses and consumers. Contrary to popular opinion, CBD is not legal in all 50 states, even if it is sourced from hemp. This is because all states have their own Controlled Substances Acts (CSA) which generally mirror the federal CSA. Until an unrestricted hemp definition is exempted from a state’s CSA, hemp is still considered marijuana in that state.

CBD Possession in the 50 States

Hemp CBD Product Possession is Legal

Oklahoma

Oregon

 

Tennessee (certified seed)

 

Texas (certified seed, no smokables)

 

South Carolina (no smokables)

 

Virginia

 

Vermont

 

Washington

 

West Virginia

 

Wyoming

Massachusetts (no food/ supplements/smokables)

Michigan

 

Minnesota

 

Missouri

 

Nebraska

 

Nevada

 

New Jersey

 

New Mexico

 

New York (no food/
supplement sales)

 

North Dakota

 

Ohio

Alabama (according to AG)

 

Alaska

 

California (no food/supplements)

 

Colorado

 

Connecticut

 

Georgia

Illinois

 

Indiana (labeling/no smokables)

 

Kentucky

 

Maine (no food/supplements)

 

Maryland

LEGAL

CBD Legality Varies Situationally

Kansas: 
No products intended for human consumption: vape carts, flower, cigarettes, teas, etc. Extremely restrictive law. Industrial uses only.

 

Washington D.C.: 
D.C. classifies all extracts from cannabis as hashish, a term which was not included in the legalization initiatives. This means CBD possession could be charged as possession of hashish, which would have serious consequences, including significant jail time.

Mississippi

 

Montana

 

New Hampshire

 

North Carolina (No smokables)

 

Pennsylvania

 

Rhode Island

 

Utah

 

Wisconsin

Registered Patients or Registrants Only /
No CSA Exemption:

 

Arizona

 

Arkansas

 

Delaware

 

Florida

 

Hawaii

 

Iowa - USDA must 
approve plan

 

Louisiana - no smokables, 
license required

RESTRICTIONS

CBD Products are Illegal Under All Circumstances:

South Dakota

 

Idaho

ILLEGAL

*For specific advice or questions on Farm Bill provisions or on the laws of specific states, please email alex@buscherlaw.com or:

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