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 email@example.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
Tennessee (certified seed)
Texas (certified seed, no smokables)
South Carolina (no raw hemp without license)
South Dakota (no smokables)(regulations pending)
Massachusetts (no food/ supplements/smokables)
New York (no food/
Alabama (according to AG)
California (no food/supplements)
Indiana (labeling/no smokables)
Maine (no food/supplements)
CBD Legality Varies Situationally
No products intended for human consumption: vape carts, flower, cigarettes, teas, etc. Extremely restrictive law. Industrial uses only.
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.
Utah - No smokables, registration required.
Requires registration /
No CSA Exemption:
Louisiana - no smokables,
CBD Products are Illegal Under All Circumstances: