Is CBD Legal in All States? What You Need to Know in 2023

Although the CBD industry continues to make waves in the United States and abroad, there remain question marks over its legality. Even today, people interested in purchasing a CBD product aren’t quite sure whether it is legal in all 50 states.

Unfortunately, there isn’t a straightforward ‘yes’ or ‘no’ answer because the federal government refuses to legalize CBD. Therefore, as is the case with marijuana and THC, it is up to each state to decide. Important factors in the legality of CBD products include whether the company extracted the cannabinoid from hemp and the THC content.

Although marijuana and hemp are closely related, they’re classified differently under state and federal law.

Understanding this difference is vital for the legal use of CBD – no matter which state you live in.

Below, we try to set straight some of this ongoing confusion and provide a simple, easy-to-read guide on the legality of CBD in all 50 states plus Washington, D.C.

Is CBD Legal in All 50 States?

Due to its close association with marijuana, CBD has developed a confusing and, at times, even contradictory legal history in the U.S. Additionally, there is a lot of misinformation out there complicating the issue further.

So, is CBD oil legal in all 50 states? Generally speaking, there are three instances in which individuals can legally obtain CBD in their home state:

If the CBD products are derived from hemp and have a maximum of 0.3% THC
If the state has a medical cannabis program and the person has a valid MMJ card
If the person is 21+ and lives in a state where recreational marijuana is legal

The 2018 Farm Bill legalized the cultivation of industrial hemp with a maximum of 0.3% THC. While the legislation didn’t legalize CBD itself, it eased the pressure on sellers of CBD products in most states. For the record, a Cannabis sativa L. plant with more than 0.3% THC is considered marijuana, a federally illegal substance.

States with medical marijuana programs enable qualifying patients with MMJ cards to obtain CBD from hemp or marijuana legally. In states with recreational marijuana, adults aged 21+ can purchase CBD products regardless of whether they come from hemp or marijuana.

Please note that each state has unique rules about selling, growing, and using medical cannabis. Therefore, it’s important to keep updated with each state’s medical marijuana legislation.

CBD Oil Legal States: The Complete Rundown for 2023

The list of states where CBD is legal keeps growing due to increased active MMJ programs. A significant majority of states now have medical marijuana laws, and quite a few of them also permit recreational weed. Individuals who don’t reside in one of these states will have to go down the avenue of using hemp-derived CBD products.

Below, we will look at the complete rundown of states where CBD is legal. This guide outlines whether hemp CBD products are available and the year when states legalized MMJ. It also outlines states where recreational marijuana is legal and the year the legislation passed.

While CBD derived from hemp containing a maximum THC content of 0.3% is broadly allowed, two states have different rules, which we specify. Finally, please note that sales have yet to begin in some states that recently legalized medical or recreational marijuana.

Alabama

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes (No sales until 2023 at the earliest)
Year of MMJ Legalization – 2021
Additional Information/Links – Alabama

Alaska

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 1998
Year of Recreational Legalization – 2014
Additional Information/Links – Alaska

Arizona

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 2010
Year of Recreational Legalization – 2020
Additional Information/Links – Arizona

Arkansas

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 2016
Additional Information/Links – Arkansas

California

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 1996
Year of Recreational Legalization – 2016
Additional Information/Links – California

Colorado

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 2000
Year of Recreational Legalization – 2012
Additional Information/Links – Colorado

Connecticut

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 2012
Year of Recreational Legalization – 2021
Additional Information/Links – Connecticut

Delaware

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 2011
Additional Information/Links – Delaware

Florida

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 2016
Additional Information/Links – Florida

Georgia

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No
Year of MMJ Legalization – n/a (However, since 2015, the state has allowed medical cannabis oil with a maximum THC content of 5%, yet it is not considered an MMJ program in a real sense)
Additional Information/Links – Georgia

Hawaii

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 2000 (No dispensary sales until 2017)
Additional Information/Links – Hawaii

Idaho

Hemp CBD Products Available – Yes (Maximum THC content of 0.1%)
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No
Year of MMJ Legalization – n/a
Additional Information/Links – Idaho

Illinois

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 2013
Year of Recreational Legalization – 2019
Additional Information/Links – Illinois

Indiana

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No
Year of MMJ Legalization – n/a
Additional Information/Links – Indiana

Iowa

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No (However, Iowa allows qualifying patients with one of a handful of serious conditions to buy products with a maximum combined THC content of 4.5 grams per 90-day period. This is not considered a proper MMJ program)
Year of MMJ Legalization – n/a
Additional Information/Links – Iowa

Kansas

Hemp CBD Products Available – Yes (NO THC allowed)
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No
Year of MMJ Legalization – n/a
Additional Information/Links – Kansas

Kentucky

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No
Year of MMJ Legalization – n/a
Additional Information/Links – Kentucky

Louisiana

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 2015
Additional Information/Links – Louisiana

Maine

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 1999
Year of Recreational Legalization – 2016
Additional Information/Links – Maine

Maryland

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 2014
Additional Information/Links – Maryland

Massachusetts

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 2012
Year of Recreational Legalization – 2016
Additional Information/Links – Massachusetts

Michigan

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 2008
Year of Recreational Legalization – 2018
Additional Information/Links – Michigan

Minnesota

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 2014
Additional Information/Links – Minnesota

Mississippi

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No (Initiative 65 legalized MMJ in Mississippi in 2020, but the state’s Supreme Court later overturned the decision. State residents await new legislation)
Year of MMJ Legalization – n/a
Additional Information/Links – Mississippi

Missouri

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 2018
Additional Information/Links – Missouri

Montana

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 2004
Year of Recreational Legalization – 2020
Additional Information/Links – Montana

Nebraska

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No
Year of MMJ Legalization – n/a
Additional Information/Links – Nebraska

Nevada

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 2000
Year of Recreational Legalization – 2016
Additional Information/Links – Nevada

New Hampshire

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 2013
Additional Information/Links – New Hampshire

New Jersey

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 2010
Year of Recreational Legalization – 2020
Additional Information/Links – New Jersey

New Mexico

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 2007
Year of Recreational Legalization – 2021
Additional Information/Links – New Mexico

New York

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 2014
Year of Recreational Legalization – 2021
Additional Information/Links – New York

North Carolina

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No*
Year of MMJ Legalization – n/a
Additional Information/Links – North Carolina

North Dakota

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 2016
Additional Information/Links – North Dakota

Ohio

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 2016
Additional Information/Links – Ohio

Oklahoma

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 2018
Additional Information/Links – Oklahoma

Oregon

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 1998
Year of Recreational Legalization – 2014
Additional Information/Links – Oregon

Pennsylvania

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 2016
Additional Information/Links – Pennsylvania

Rhode Island

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 2006
Additional Information/Links – Rhode Island

South Carolina

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No*
Year of MMJ Legalization – n/a
Additional Information/Links – South Carolina

South Dakota

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 2020
Additional Information/Links – South Dakota

Tennessee

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No*
Year of MMJ Legalization – n/a
Additional Information/Links – Tennessee

Texas

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No*
Year of MMJ Legalization – n/a
Additional Information/Links – Texas

Utah

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 2018
Additional Information/Links – Utah

Vermont

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 2004
Year of Recreational Legalization – 2018
Additional Information/Links – Vermont

Virginia

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 2020
Year of Recreational Legalization – 2021 (Commercial sales to begin in January 2024)
Additional Information/Links – Virginia

Washington

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 1998
Year of Recreational Legalization – 2012
Additional Information/Links – Washington

West Virginia

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 2017
Additional Information/Links – West Virginia

Wisconsin

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No*
Year of MMJ Legalization – n/a
Additional Information/Links – Wisconsin

Wyoming

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No*
Year of MMJ Legalization – n/a
Additional Information/Links – Wyoming

Washington, D.C

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Year of MMJ Legalization – 1998 (But blocked by Congress until 2009)
Year of Recreational Legalization – 2014 (No commercial sales permitted)
Additional Information/Links – Washington, D.C

(*) This state does NOT currently have an operational medical marijuana program. However, medical-grade CBD cannabis oil may be available through doctor recommendations for select qualifying conditions. For more information, please check the relevant link for each state.

Is Hemp Legal in All 50 States?

The answer is ‘yes,’ but this situation only came to pass recently.

When the 2018 Farm Bill was signed into law, the assumption was that industrial hemp automatically became legal in every state. However, each state had to submit a hemp cultivation plan to the United States Department of Agriculture (USDA) and wait for approval.

States that opted not to devise a regulatory program relied on the USDA creating such a program. In this situation, hemp growers in states without a specific plan had to apply for licenses and comply with a federally run program.

Most states followed through, but there were a few holdouts. Finally, in April 2021, Idaho legalized industrial hemp production, processing, research, and transportation. It was the 50^th and final state to do so.

When Will CBD Be Legal in All States?

At present, Epidiolex, a pharmaceutical drug available on prescription, is the only product containing CBD that’s FDA-approved. It is worth repeating: Industrial hemp IS federally legal; CBD is not!

CBD will only become legal in all states when the cannabinoid becomes federally legal. This is not the case at present, and it is unlikely to happen for the foreseeable future. The possibility exists that medical marijuana will eventually become legal in the United States. In that event, individuals with MMJ cards could legally buy CBD from hemp or marijuana.

It remains incredibly unlikely that MMJ will become federally legal before 2024, however, and it could be many more years before it does happen.

Another scenario where CBD becomes legal in all states is if each location passes laws to that effect. The substance wouldn’t be federally legal, but you could safely purchase it without fear of repercussions. However, this is a situation that’s every bit as unlikely as the federal legalization of recreational marijuana!

Final Thoughts: CBD Legal Status by State

With all of the differing rules and regulations, not to mention misinformation, it can be difficult to keep track of CBD’s legal status in each state. Hopefully, this guide has cleared things up a bit and provided a much clearer idea of whether or not CBD is legal in your state.

You can buy CBD in any American state as long as it is derived from hemp plants. Barring two exceptions (Idaho and Kansas) where the THC limit is even lower, such products must contain a maximum THC concentration of 0.3% or less. Alternatively, it is possible to get CBD products through some states’ medical cannabis programs, depending on the state-specific rules and regulations.