Is CBD Legal in All States? What You Need to Know in 2021

The past year was filled with progress and accomplishments throughout the CBD market. Oddly enough, however, the big question still looms for many individuals across different parts of the US: is CBD legal in all states?

Unfortunately, as with many of the big questions surrounding CBD, the answer is not as straightforward as a simple yes or no. The legality of CBD varies from state to state, but one of the key determining factors across all states is whether the CBD product in question has been derived from marijuana or hemp.

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

Although these two plants (marijuana and hemp) are closely related, they’re classified differently under state and federal law. Understanding this difference is vital when it comes to 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.

Is CBD Legal in All 50 States?

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

So is CBD oil legal in all 50 states? The answer is more straightforward than many believe. Generally speaking, there are two instances in which individuals can legally obtain CBD in their home state:

If the CBD products are derived from hemp
If the state has a medical cannabis program

To be considered hemp, a cannabis plant’s THC level must not exceed 0.3%. Any cannabis plant that contains more than 0.3% THC is considered marijuana. In short, hemp cannot get you high, and you can legally obtain hemp-derived CBD products throughout the United States.

The other scenario in which one can legally obtain CBD is if their state has a medical cannabis program. These programs allow qualified patients to access cannabis and CBD products from state-approved dispensaries after being certified by a qualified medical professional.

States with medical cannabis programs have passed legislation through their government to legalize the use of cannabis (and therefore, CBD) for medicinal use. Each state runs its medical cannabis program independently and has unique rules about who can sell, grow, and use medical cannabis. Therefore, it’s important to keep up to date with each state’s medical marijuana legislation.

CBD Oil Legal States: The Complete Rundown for 2021

The list of states where CBD is legal keeps growing. Thirty-five states plus Washington D.C. have passed medical cannabis laws (including 15 states and the country’s capital, where medical and recreational use is legal).

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 take a look at the complete rundown of states where CBD is legal.

Alabama

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

Alaska

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

Arizona

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

Arkansas

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

California

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

Colorado

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

Connecticut

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

Delaware

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

Florida

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

Georgia

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Date of Legalization – n/a
Additional Information/Links – Georgia

Hawaii

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Date of Legalization – 2000
Additional Information/Links – Hawaii

Idaho

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

Illinois

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

Indiana

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

Iowa

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

Kansas

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

Kentucky

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

Louisiana

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

Maine

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

Maryland

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

Massachusetts

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

Michigan

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

Minnesota

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

Mississippi

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Date of Legalization – 2020
Additional Information/Links – Mississippi

Missouri

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

Montana

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

Nebraska

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

Nevada

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

New Hampshire

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

New Jersey

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

New Mexico

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

New York

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

North Carolina

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

North Dakota

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

Ohio

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

Oklahoma

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

Oregon

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

Pennsylvania

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

Rhode Island

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

South Carolina

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

South Dakota

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

Tennessee

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

Texas

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

Utah

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

Vermont

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

Virginia

Hemp CBD Products Available – Yes
Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
Date of Legalization – 2020
Additional Information/Links – Virginia

Washington

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

West Virginia

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

Wisconsin

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

Wyoming

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

(*) 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.

Final Thoughts: CBD Legal Status by State

With all of the differing rules and regulations, not to mention misinformation floating around the web, it can be difficult to keep track of the CBD 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.

CBD can be legally obtained as long as it is derived from hemp plants and contains a THC concentration of 0.3% or less.

Basically, CBD can be legally obtained in all 50 states as long as it is derived from hemp plants and contains a 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.

Published on: 10 Feb, 2021