CBD Explained

Is CBD Legal in US?

The most common asked question about CBD is “Is it legal?”.

The answer is Yes.

But it depends where the CBD is derived from.


CBD legal in all 50 states. But the legality of CBD can be confusing. 


So here’s the bottom line answer

  •  If your CBD is from Hemp and has a THC content of less than .03% it is legal in all 50 states.
  • However, If the CBD is derived from marijuana then it’s not legal federally.


CBD derived products with a THC content of more than 0.3% are considered to be in the same class as marijuana and are therefore illegal in the USA. An exception to this rule is when the CBD is prescribed under a medical marijuana program that is licensed. To permit the use of high THC content CBD, there are Federal Regulations set out in the farm bill on the use of cannabidiols extracted from Hemp.


CBD is Legal, But With A Slight Glitch


When CBD is made from marijuana plants, and has a high level of THC, it is legal in some states where marijuana itself is a legal commodity.

Lets go through the complete history.

Until last year Hemp and Marijuana were under the same list of controlled substances in the USA. The american government decided to remove the restriction from hemp after recognizing its benefits. Hemp products are highly regarded for their medical benefits. Hemp is now included in the world agricultural list like wheat, rice, and corn.

Still, Hemp is cannabis, and there is apprehension about its usage.
Some people think it has psychoactive effects and are opposed to it.

To encourage the fair practice and trade of hemp, the Government appointed the FDA to regulate hemp production. The FDA monitors and regulates the production of Hemp oil and its products. The government also permits states to impose rules and restrictions on trading and consumption of CBD products.

All this is done to ensure consumers get CBD with 0 or less than .03% THC level making it a complete medical product. Nowadays out of the 50 states, some states embrace CBD happily while others are still skeptical. 

USA states having legalized marijuana


18 States where CBD is Legal


These states are very friendly on the trade, practice, labeling, and protection of CBD products.

States: Alaska, Colorado, Missouri, New York, North Carolina, Illinois, Indiana, Oklahoma, Kentucky, Maryland, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Texas, Vermont, and Wisconsin.


Important notes : 

  • CBD should be derived from Industrial Hemp. (Industrial Hemp is a hemp variety, which is cultivated, specifically for industrial production. This has minimum psychoactive substances, associated with cannabis, and is explicitly legal in some states.)
  • Labels must state the country where Hemp is grown.
  • The label should also mention whether CBD is natural or synthetic.


6 States Where Hemp-Derived CBD is Mostly Legal


Hemp that is grown under the “Farm Bill-compliant agricultural pilot program” will not be classfied legally as Marijuana. Hence it will be legal.

States: Columbia, Hawaii, Kansas, Montana, New Mexico, and North Dakota.

Important notes : 

  1. Making interstate sale and distribution of CBD and CBD products will be illegal here.
  2. Interstate sale, under medical prescription or licensed medical cannabis dispensary is approved.
  3. Need FDA approval for adding in food and drink and promoting as dietary supplements.


18 States Where CBD is Accepted, But the Retail Sale is Restricted


States: Arkansas, Delaware, Florida, Connecticut, Georgia, Idaho, Iowa, Louisiana, Maine, Massachusetts, Nebraska, Minnesota, Mississippi, New Hampshire, New Jersey, Pennsylvania, Virginia, and Washington.

 Important notes : 

  • Retailers need to buy and sell within the state.
  • Need to be manufactured and marketed under FDA regulations.


9 States Where CBD is Still Trying to Make its Place


States: Alabama, Arizona, California, Michigan, Nevada, Ohio, South Dakota, West Virginia, and Wyoming.

Important notes : 

  • Need proper licenses and approval 

Avoid traveling with CBD products other than made from legally approved Hemp.




 CBD is gaining popularity day by day. The misconception related to the product will be soon wiped out as promised in the 2018 farm bill approved by the US government. An accurate understanding of the product and fair practices will soon make the CBD market a turnaround story in 2020.

Some important points to help you understand the CBD legality in the USA.

  • CBD derived from Marijuana is not legal federally.
  • Any plant of the Cannabis family having less than .03% of THC is classified as Hemp.
  • Any plant of the Cannabis family having more than .03% of THC is classified as Marijuana.
  • Even when Federal law has made Hemp oil legal, the Farm bill has a few clauses that exempt states from abiding by it. State laws may restrict the trade of industrial hemp products.
  • A New bill coming in 2020 may legalize the use of CBD across America.

countrywise cbd legality