Is CBD Legal in All States? [2022 Updated Explanation]

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.

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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.

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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.

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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.

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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.

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