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.