Are CBD Gummies Legal? (Updated 2024 Explanation)

Are CBD gummies legal in all 50 states? The answer is mostly yes – but there are a few caveats 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.

This article will help you navigate the confusing world of cannabidiol legality in the United States. It outlines the rules surrounding hemp and CBD gummies.

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 to create 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 50th and final state to do so.

Are CBD Gummies 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 United States. Additionally, a lot of misinformation complicates 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

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.

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.

What States Are CBD Gummies Legal in?

The 2018 Farm Bill may have legalized the growth of low-THC hemp, but it did not explicitly permit the sale and use of CBD products. Thus, the legality of cannabidiol is left up to each state. While many states don’t have concrete CBD laws, they all tolerate hemp-derived CBD products.

In general, the THC threshold is 0.3%. However, it is 0% in Kansas, while CBD products must contain a maximum of 0.1% in Idaho. Let’s examine the rules surrounding CBD gummies in a few other states.

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.

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 tried to regulate the hemp CBD market.

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. You should have no issues if your CBD gummies contain less than 0.3% THC.

Are CBD Gummies Legal in Virginia?

Despite what you may have heard, Virginia hemp processors can 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.


When Will CBD Be Legal in All States?

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 currently, 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!

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


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, trying to transport CBD gummies internationally is probably not a good idea.

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 or are buying them in a state where cannabis is legal recreationally).

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