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Is CBD Illegal? (CBD Legality by State)

Kirsten Thornhill |

Is CBD Illegal? (CBD Legality by State)

CBD LEGALITY BY STATE


Is CBD legal? First and foremost, yes, CBD is federally legal. However, some states in the US still consider CBD highly illegal, whilst others have certain legalized regulations around the sale and manufacturing of CBD products. It really depends on where you live, or for travel matters, where you’re headed. 


WHERE IS CBD LEGAL?


CBD has been legal at the federal level since 2018 (thanks 2018 Farm Bill). IF the CBD has been derived from the hemp plant, it’s considered legal - i n almost every state. Confusing? A little bit. 


To help ease and clarify your CBD-legal-worried mind, we’ve created a state by state chart demonstrating the unlicensed CBD products and their regulations and legalizations below. 

 

 

CANNABIDIOL (CBD) Legal Status By State


STATE

 

CBD LEGAL?

 

RESTRICTIONS?

 

ALABAMA

Yes

No Restrictions

ALASKA

Yes

No CBD-infused beverage/food

ARIZONA

Yes

No CBD-infused beverage/food

ARKANSAS

Yes

No CBD-infused beverage/food

CALIFORNIA

Yes

No CBD-infused beverage/food

COLORADO

Yes

No cooked goods

CONNECTICUT

Yes

CBD-infused beverages/food must be registered with state

DELAWARE

Yes

Hemp must be affiliated with Delaware State University

FLORIDA

Yes

Label Regulation

GEORGIA

Yes

No CBD-infused beverage/food

HAWAII

Yes

No Restrictions

ILLINOIS

Yes

No Restrictions

INDIANA

Yes

Label Regulation

KANSAS

Yes

No CBD-infused beverage/food

KENTUCKY

Yes

CBD-infused tea prohibited

LOUISIANA

Yes

Product Restrictions

MAINE

Yes

CBD must be extracted by Maine hemp farmer

MARYLAND

Yes

Unclear

MASSACHUSETTS

Yes

Purity testing required for CBD-infused beverages/food

MICHIGAN

Yes

No CBD-infused beverage/food

MINNESOTA

Yes

No CBD-infused beverage/food

MISSISSIPPI

Yes

Minimum 20:1 CBD:THC ratio 

MISSOURI

Yes

18+ only can purchase / State registration required for sales

MONTANA

Yes

No CBD-infused beverage/food

NEBRASKA

Yes

No CBD-infused beverage/food

NEVADA

Yes

CBD in cannabis stores only / No CBD-infused beverage/food

NEW HAMPSHIRE

Yes

TBD Regulations

NEW JERSEY

Yes

No Restrictions

NEW MEXICO

Yes

No Restrictions

NEW YORK

yes

No Restrictions

NORTH CAROLINA

Yes

No CBD-infused beverage/food

NORTH DAKOTA

Yes

No Restrictions

OHIO

Yes

No Restrictions

OKLAHOMA

Yes

No Restrictions

OREGON

Yes

TBD Regulations

PENNSYLVANIA

Yes

No CBD-infused beverage/food / TBD Label Regulations

RHODE ISLAND

Yes

TBD Label Regulations

SOUTH CAROLINA

Yes

No CBD-infused beverage/food

TENNESSEE

Yes

No Regulations

TEXAS

Yes

TBD Label Regulations

UTAH

Yes

Sale Registration Required

VERMONT

Yes

Cannot with infused with meat or dairy

VIRGINIA

Yes

No Restrictions

WASHINGTON

Yes

No CBD-infused beverage/food

WEST VIRGINIA

Yes

No Food/Beverage Restrictions

WISCONSIN

Yes

No Food/Beverage Restrictions

WYOMING

Yes

No Restrictions

IDAHO

No

Illegal

IOWA

No

Illegal

SOUTH DAKOTA

No

Illegal

 


CBD & STATE LAWS


Although CBD's acceptance has expanded and continues to grow, CBD legal states are still somewhat clouded because of the different laws in each state across the country. As such, many people might choose to abstain from using CBD out of fear of doing something against the law.

 

 

Certain factors come into play that dictate whether or not CBD is legal, all of which depend on the specific state that it is bought and consumed in. That being said, one crucial factor that is important in all states is whether the CBD is derived from the hemp or marijuana plant, as the two sources are very different. More specifically, it is the THC content in CBD oils that essentially determines whether the product is legal or illegal.


CBD is illegal in these states: 


  • Iowa
  • Idaho
  • South Dakota

CBD is legal in these states with no restrictions:


  • Alabama
  • Hawaii
  • Illinois
  • New Jersey
  • New Mexico
  • New York 
  • North Dakota
  • Ohio
  • Oklahoma
  • Tennessee
  • Virginia
  • Wyoming

 

 

CBD & FEDERAL LAWS


Though cannabidiol is not yet federally legal, the U.S. Food and Drug Administration (FDA) does recognize the potential for cannabis and its derived compounds, with the rising interest in its possibilities. 


However, there are companies that produce cannabis and cannabis-derived products in avenues that violate the Drug and Cosmetic Act (FD&C Act), putting individual’s health and safety at risk. 


As research continues to arise with support for cannabidiol as a safe, non-toxic cannabinoid, the FDA is slowly open to exploring the potential pathways for various types of CBD to be lawfully marketed. 


CAN I FLY WITH CBD?


Yes, you can fly with CBD, if there is less than 0.3% THC present. This is important! The Transportation Security Administration (TSA) updated their medical marijuana guidelines recently and noted that hemp-derived CBD is legal to fly with (for the most part). 

 


For instance, if you’re traveling with Nanocraft CBD Drops, which are 100% hemp-derived containing 0.0% - 0.3% THC, it should be permitted on a plane. However, the TSA website does provide a disclaimer suggesting that the final decision rests with the TSA officer on whether or not they allow your cannabis products through checkpoint.

 

*DISCLAIMER: The information in this article is for educational purposes only. It does not exploit or provide medical advice of any kind. Therefore, any reliance you place on the information below is strictly at your own risk. Please check with your medical provider before starting or changing a CBD routine.

Kirsten Thornhill, MS
Nanocraft Sciences
Content Writer | Physiologist 
Human Performance Researcher
Kirsten Thornhill was born and raised in a small farm town in Stanislaus County, California. Kirsten graduated with a Bachelor of Arts in Exercise Science from CSU Stanislaus and her Master of Science degree in Exercise Physiology from Point Loma Nazarene University in San Diego, CA. She is currently in pursuits of a PhD in Health Sciences: Human & Sport Performance at Rocky Mountain University of Health Professions in Northern Utah, specializing in Cardiology and Rehabilitation. She is very passionate about human physiology and the metabolic and nutritional adaptations that occur during exercise in athletes. Kirsten enjoys educating and informing people about the importance of lifetime movement, plant-based eating, and health research and development. Her passion for natural, lifestyle medicine enables her to strive when promoting health and education.

 

Sources:

Abernethy A. FDA is committed to sound, science-based policy. U.S. Food and Drug Administration. 2019. 

Medical Marijuana. Transportation Security Administration. https://www.tsa.gov/travel/security-screening/whatcanibring/items/medical-marijuana


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