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 2022
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 (Dispensaries will begin selling adult-use marijuana in October 2022)
- 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 50th 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.
