Are CBD Gummies Legal? (Updated 2021 Explanation)

Are CBD gummies legal in all 50 states? The answer is mostly yes – but there are a few caveats here and there depending on how deeply you want to dive into state and local legislation.

The Farm Bill of 2018 legalized the growth of industrial hemp, so long as plants have a maximum THC content of 0.3% (THC is the compound in cannabis that gets you high). Contrary to popular belief, however, the Farm Bill does not explicitly legalize CBD.

Still, hemp-derived CBD gummies are easily found everywhere in the USA – both online and in stores in all 50 states. The only time CBD gummies would be illegal is if you purchased marijuana-derived gummies (i.e. gummies with THC levels above 0.3%) from an adult-use dispensary in a recreationally legal state, and tried to transport them to a state where cannabis is still illegal.

In other words, to summarize:

  • Hemp-derived CBD gummies are widely available and accessible in all 50 U.S. states
  • Marijuana-derived CBD gummies (i.e. THC levels above 0.3%) are available in states that offer legal medicinal or adult-use cannabis
  • It would be illegal to transport dispensary-bought CBD gummies to a non-legalized state (i.e. from Colorado to Kansas)

What States Are CBD Gummies Legal in?

Again, CBD gummies are legal in all 50 states so long as they’re derived from hemp. There are however some interesting laws that still exist in various states, so let’s take a quick look at some of the finer points of CBD gummies legality.

Are CBD Gummies Legal in Texas?

Yes. In June 2019, Governor Greg Abbott signed a law that outlined the use and possession of legal CBD products in Texas. You can buy any hemp or hemp-derived products that contain less than 0.3% THC. This list includes cannabidiol products such as CBD gummies.

Are CBD Gummies Legal in Pennsylvania?

Yes. At the time of writing, Pennsylvania adheres to the regulations outlined in the 2018 Farm Bill. CBD-infused products such as food, capsules, vaping devices, and gummies are legal to buy.

Are CBD Gummies Legal in Florida?

Florida lawmakers passed SB 1020 in July 2019, which legalized hemp with a maximum of 0.3% THC. The new law also legalized hemp extracts, stating that hemp-derived cannabinoids are not controlled substances.

Therefore, you should have no issues purchasing CBD gummies in Florida. The state is also one of the few that has made an effort to regulate the hemp CBD market.

Are CBD Gummies Legal in Arizona?

At the time of writing, Arizona adheres to the new federal guidelines. Therefore, it is legal to buy CBD products such as gummies. You can purchase gummies online or over-the-counter at stores that sell health supplements.

Are CBD Gummies Legal in Ohio?

Yes. In July 2019, Governor Mike DeWine signed Senate Bill 57. This legalized the possession, sale, and purchase of hemp and hemp-derived products. As long as your CBD gummies contain less than 0.3% THC, you should have no issues.

Are CBD Gummies Legal in South Carolina?

CBD gummies are easily available in South Carolina. Interestingly, the state’s agriculture department has banned it as an added ingredient in human and animal food products. In reality, however, enforcement of this rule seems to be virtually non-existent.

Are CBD Gummies Legal in New York (NY)?

According to a July 2019 letter by the state’s Department of Agriculture and Markets, CBD is illegal in New York State when added to food or drink. Does this mean CBD gummies are not available in NY? Hardly. Like other states, hemp-derived CBD gummies are everywhere in New York, and are easy to purchase either online or in stores.

Are CBD Gummies Legal in Virginia?

Despite what you may have heard, Virginia hemp processors are allowed to bring hemp-derived CBD products to the market. They can also produce CBD as an approved food ingredient or dietary supplement if they meet specific criteria. Processors must not label or market foods as a treatment for a medical condition. So yes, you can find CBD gummies in Virginia – though you’ll probably find far more choice shopping online.

Conclusion on CBD Gummies Legality

Answering the question “are CBD gummies legal” depends on what type of gummies you’re talking about. If you’re talking about hemp-derived gummies with THC levels below 0.3%, then yes – they’re legal and available in all 50 states.

Marijuana-derived gummies on the other hand – i.e. gummies that you’d find in a medical or recreational dispensary – are illegal if you try and transport them from a legal to a non-legal state.

Are CBD Gummies Legal? FAQ

FAQs

Are CBD Gummies Legal for Travelers?

The TSA now allows passengers to bring CBD on board a plane. The rule suggests that CBD derived from hemp with a maximum THC of 0.3% is permitted. However, it is probably not a good idea to try and transport CBD gummies internationally.

Where Are CBD Gummies Legal?

CBD gummies are legal in all states so long as they’re derived from Farm Bill-compliant hemp.

Are CBD Gummies Legal in all 50 States?

Again, this depends. If they’re made from hemp, yes. If they’re made from marijuana and have THC levels above 0.3%, then no (unless of course you have a medical cannabis card and/or are buying them in a state where cannabis is legal recreationally).

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