Is CBD Oil Legal in My State?
The legality of CBD oil varies from state to state. Make sure you know the law before you buy.
Written by Cathy Rozyczko
Edited by Jason Brett on
September 27, 2021
If you’re interested in purchasing CBD oil but aren’t sure if it’s legal in your state, you’ve come to the right place.
Even though cannabidiol (CBD) does not contain the intoxicating properties often associated with marijuana and tetrahydrocannabinol (THC), it is derived from the cannabis plant, placing its legality in a confusing gray area for many people.
Here we’ll cover all 50 states’ current stance on cannabis and cannabis-derived products so you can decide whether buying CBD oil is the right—and legal—option for you.
Is CBD Oil Legal in the United States?
Yes and no.
The recently passed 2018 Farm Bill legalized the cultivation and transportation of cannabis-related products, including CBD oil, on a federal level as long as the hemp being grown and transported contains 0.3% or less of the mind-altering cannabinoid THC. (Hemp is a type of cannabis plant with a naturally high CBD content and low THC content.)
While this decriminalized CBD products on a federal level, states still have the final say as to whether cannabis-derived products will be legal for growing and purchasing within state lines. In a majority of U.S. states, CBD oil is legal; however, in Idaho, Nebraska, and South Dakota, having cannabis or cannabis-derived products, including CBD oil, for any reason is illegal. If you live in one of these three states, you cannot legally purchase or use CBD oil; as the stigma around CBD and cannabis in general continues to disappear, this could change.
To sum it up: Growth and interstate transportation of CBD oil is legal on a federal level, however, individual states can and have overruled the new federal regulations, making CBD oil cultivation, transportation, and consumption illegal within state borders.
Is CBD Oil Legal in My State?
With varying laws across the country, we’ve created this alphabetically ordered traffic light system to help you easily access the information relevant to your state.
Green States: Fully Legalized Cannabis & Related Products
These states and Washington D.C. allow medicinal and recreational use of cannabis. You can easily and legally purchase CBD oil as long as you meet the minimum age requirements.
Amber States: Cannabis & Related Products Okay Under Certain Conditions
The following states allow for the purchase and consumption of all cannabis and cannabis products (like CBD oil) for medical use only. To purchase CBD oil in these states you may need to have a medical marijuana card or a prescription from your doctor.
Amber-Red States: Only CBD Products Okay Under Certain Conditions
The following amber-red states do not allow for the purchase or consumption of cannabis or related products for any reason unless it’s a CBD product used only for the following reasons:
Alabama – Under Leni’s Law, CBD oil is accessible to those suffering from a severe and chronic medical condition that causes seizures. The only other way to lawfully use CBD would be to participate in a state-sponsored clinical trial studying its effects.
Georgia – CBD oil is available on prescription to patients suffering from a range of specific degenerative or debilitating conditions. The THC content must be no higher than 5%.
Indiana – Since 2018, Indiana residents have been able to buy and use CBD oil privately, providing that it has a THC content of no more than 0.3%.
Iowa – CBD oil may be medically available from a dispensary for those suffering from certain medical conditions such as cancer, epilepsy, and ALS.
Kansas – Recently exempted CBD oil from their criminal laws regarding cannabis, providing the THC content is 0%.
Kentucky – Allows for the consumption of CBD oil as the THC content is 0.3% or lower, it’s prescribed by a licensed physician, or it’s being used in a state-sponsored clinical trial.
Mississippi – Epilepsy sufferers may be able to take CBD oil under the supervision of a licensed physician. The CBD content must be at least 15% and the THC no higher than 0.5%.
North Carolina – CBD oil legal for severe epilepsy sufferers. Like Kentucky, North Carolina CBD oil is produced from hemp extract.
South Carolina – As with North Carolina, CBD oil is legal only for those suffering from debilitating epilepsy such as Dravet Syndrome. THC can make up no more than .9% of the oil.
Tennessee – CBD oil made from hemp (not marijuana) is legal. CBD oil is available on prescription to those with epilepsy but must not contain more than 0.9% THC.
Texas – CBD oil is legal to buy and sell as long as it contains no more than 0.3% THC, and is independently lab tested to confirm its potency and purity.
Stay tuned for updates on House Bill 1325 in Texas. As of April 24, 2019, the state House passed the bill, which would allow farmers to grow industrial hemp, and allow Texans to purchase hemp-derived CBD products with low levels of THC.
Virginia – CBD oil is legal when prescribed by a licensed physician for treating certain conditions and diseases. It must contain at least 15% CBD and no more than 5% THC.
Wisconsin – CBD oil is a legal treatment for any diagnosed medical condition by a licensed doctor as long as the patient has an unexpired certification from their physician stating CBD is being used to treat their condition.
Wyoming – CBD oil is only legal for epilepsy sufferers whose condition has not responded well to prior treatment options. The patient’s neurologist is required to submit a referral to the Department of Health, at which point a hemp-derived CBD oil (containing 0.3% THC or less) may be prescribed.
Red States: All cannabis products illegal
There are no two ways about it: If you live in one of these states, your options when it comes to CBD oil are extremely limited. Any cannabis products, including CBD oil, are illegal in these states. The good news is, with the stigma around cannabis changing and 47 states already relaxing their laws around CBD oil in particular, these final few hopefully won’t be far behind. Keep your eye on these states as the landscape is constantly changing:
Note: While this article was correct at the time of publishing, we recommend checking your states .gov page to ensure you have the most up-to-date information.
Learn More About CBD
Athletes who participate in impact sports put a great deal of stress on their minds and bodies. Unfortunately, current methods ...Learn More
If you spend a lot of time with horses, then you know that they are incredibly intelligent and sensitive animals ...Learn More
With the passage of the Farm Bill in 2018, CBD became effectively legal in the United States. This ground-breaking legislation ...Learn More
All professional sports require a certain amount of athleticism and endurance, but there is perhaps no sport as physically and ...Learn More
Elevated cholesterol is something many people will have to contend with during the course of their life. So what is ...Learn More
If you’re a regular CBD oil shopper, you may have come across the US Hemp Authority certification seal on CBD ...Learn More
CBD oil is increasingly popular these days; there is a large market of CBD oil products, along with a growing ...Learn More
Whether your menstrual cycle brings abdominal heaviness, mild cramping, or several days of intense, throbbing pain, you're likely not looking ...Learn More
Anyone investigating the therapeutic potential of CBD has likely encountered more than a few sources claiming CBD products are legal ...Learn More
CBD and yoga can – and should – go hand-in-hand. These two vitality boosters are the perfect complement to one ...Learn More
The hemp plant harbors many potential benefits when cultivated and processed cleanly. While the euphoria cannabis is known for comes ...Learn More
CBD oil products are everywhere now, but ambiguity surrounding the use of CBD oil still abounds, especially in the world ...Learn More
Imagine this: you're curled up on your comfortable couch, surrounded by soft throw pillows, sipping a cup of hot chocolate ...Learn More
Though many people are still learning about cannabidiol (CBD) and its many natural benefits, the naturally occurring chemical compound has ...Learn More
A lot of people ask this question - is CBD oil legal in Florida? It appears that there has been ...Learn More
If you're just starting to learn about CBD and its potential benefits, you likely have many questions. There is so ...Learn More
Every plant on the planet has a purpose. Every piece of the ecosystem serves a purpose, and some lucky plants ...Learn More
For decades, people have been raving about the endless benefits of the hemp plant. Surprisingly though, some people may still ...Learn More
I’ve been poking around the interweb a bit for travelling with CBD tips and was a little surprised… I think ...Learn More
Delta 8 THC is the hot new cannabinoid on the wellness scene. As was the case with CBG a couple ...Learn More
The term ‘seed to sale’ is thrown around a lot in CBD marketing. CBD companies that claim to be seed ...Learn More
Delta 8 THC is one of the many cannabinoids found in the hemp plant. Like cannabidiol aka CBD oil, delta ...Learn More
We don’t have to tell you. You already know that CBD oil is one of the most important wellness discoveries ...Learn More
Hemp CBD has a confusing history of legalization that it shares with its intoxicating cousin, marijuana. Both the federal and ...Learn More
Like many people, it is likely that you have seen an increase in the popularity of CBD in the last ...Learn More
These days, it seems like everyone is talking about CBD oil and the benefits it can provide. Yet, if you ...Learn More
If you are interested in using CBD oil, but you live in Tennessee, you may have a lot of questions ...Learn More
Although the CBD industry continues to grow by leaps and bounds, many people interested in the cannabinoid's therapeutic potential are ...Learn More
If you live in Virginia, and you are interested in buying CBD oil, you may be wondering several things. For ...Learn More
CBD oil products have come to the forefront of discussions about non-traditional solutions to anxiety, pain, and other ailments that ...Learn More
CBD oil products have gained popularity in Michigan and across the nation because of the potential benefits they offer consumers ...Learn More
For fans of soccer (or football as most of the world calls it), there is likely a lot of speculation ...Learn More
A hemp flower is the most basic form of CBD and serves as the foundation for all other CBD products ...Learn More
The safety, legality, and absence of mind-altering properties make cannabidiol (CBD) a popular choice for those who want to reap ...Learn More
Between 2021 and 2027, the weight loss industry will benefit from a compound annual growth rate (CAGR) of 10.6%. As ...Learn More
If you live in Ohio and you are curious about using CBD, you may have a lot of questions. For ...Learn More
Cannabidiol (CBD) is one of more than 100 active compounds found in the cannabis plant. CBD oil manufacturers extract cannabidiol ...Learn More
If you were to ask a group of CBD enthusiasts for product recommendations, you'd soon discover that CBD users seem ...Learn More
In 2014, when the industry was still quite new, CBD generated nearly 50 million dollars in sales. That's pretty impressive ...Learn More
Industrial hemp was one of the very first domesticated crops, a plant harvested throughout history for its protein-rich seeds and ...Learn More
As you have likely heard by now, CBD has quickly become one of the biggest trends in the world of ...Learn More
Surprisingly enough, there are a lot of misconceptions floating around when it comes to cannabidiol. Cannabidiol, more commonly known as ...Learn More
CBD products are becoming increasingly popular in 2021, and CBD concentrates are no exception. If you've thought about trying CBD ...Learn More
Let's talk self care. Though you might think of self care as simply "pampering" yourself, it goes way deeper than ...Learn More
Texas Governor Abbott signed legislation clarifying which hemp products are legal and which are not. Looking for CBD in Texas? ...Learn More
CBD oil has many helpful-- not to mention, natural-- benefits physically and mentally. CBD has been heavily studied to relieve ...Learn More
If you are an avid runner, you are always looking for safe and healthy ways to improve your performance and ...Learn More
Can you use CBD if you are sober? Recovery from drug or alcohol addiction isn't just about abstinence. For many, ...Learn More
If there's anything we've learned from the last few years of incredible development, it's that the cannabis plant can take ...Learn More
By now, you are probably aware that there are a lot of CBD products on the market that can help ...Learn More
If you have never tried CBD oil and you live in Indiana, you probably have a lot of questions. You ...Learn More
CBD (short for cannabidiol) has become an alternative consideration for many parents around the world. Countless families swear by CBD ...Learn More
Birth control remains one of the greatest biomedical advances in the last century, giving women and couples the opportunity to ...Learn More
When shopping for CBD, it's essential to find the best product for your needs and your lifestyle. While CBD tinctures ...Learn More
For people who are considering CBD or have already started trying what is available, one of the most common questions ...Learn More
CBD oil is well known for its ability to regulate pain and inflammation, making it a valuable tool in the ...Learn More
Cannabinoid hyperemesis syndrome (CHS) is a true mystery. It can pop up out of nowhere for chronic cannabis users, and ...Learn More
When you first begin researching CBD oil, it can be hard to understand what you are reading. What exactly is ...Learn More
Death by overdose has become the largest killer of Americans under the age of 50, and with opioids responsible for ...Learn More
The most famous cannabinoids are tetrahydrocannabinol (THC) and cannabidiol (CBD). THC is most widely known for its mind-altering, high-inducing properties, ...Learn More
Because harvested and dried cannabis or hemp material only contains trace amounts of cannabigerol (CBG), it is often considered to ...Learn More
With cannabidiol (CBD) oil becoming more widely available, it is being sought out by an ever-growing number of people due ...Learn More
In 2018, the United States saw exponential growth in CBD oil product development and sales. Halfway through the year, the ...Learn More
The cannabis sativa plant contains hundreds of cannabinoids, each one presenting its own unique qualities and potential benefits. You may ...Learn More
Cannabinoids have taken over the natural health discussion, and with good reason. Research is continuously finding new ways in which ...Learn More
One of the lesser-known cannabinoids, cannabichromene (CBC) may be able to do some pretty incredible things. Recent scientific study has ...Learn More
Learning about the phytocannabinoids that exist in the cannabis plant family can feel a little bit like sifting through alphabet ...Learn More
Cannabidiol (CBD), is becoming widely used for its reported therapeutic benefits, which include pain reduction, nausea relief, and mood elevation ...Learn More
Tetrahydrocannabinol (THC) is probably the best-known cannabinoid found in the cannabis plant. THC is the psychoactive, intoxicating, and mind-altering compound ...Learn More
Of the many phytocannabinoids found in cannabis plants, tetrahydrocannabinol (THC) and cannabidiol (CBD) are likely the most well-known. That's why ...Learn More
The role of “Big Pharma” in healthcare is a contentious subject and one that’s working its way into discussions around ...Learn More
With more and more research coming out that shines a light on the reported health benefits of CBD and essential ...Learn More
Researchers are finding that CBD oil may be able to treat the symptoms of a whole host of diseases and ...Learn More
When you first decide to use CBD oil, it can be hard to know where to start. With so many ...Learn More
Health supplements are becoming increasingly commonplace as average Americans struggle to meet their recommended daily intake of vitamins and minerals ...Learn More
If you've spent any time reading about CBD oil and cannabis lately, it is likely you've seen terpenes mentioned more ...Learn More
The CBD oil industry is one of the fastest-growing in North America and as such, it should come as no ...Learn More
Not long after the first cannabinoid was isolated from the cannabis plant, scientists discovered the human body produces similar substances ...Learn More
Those friendly neighbors on the northern U.S. border have a reputation for being fairly liberal minded. In fact, as of ...Learn More
As people continue to abandon cigarettes, vaping is becoming increasingly popular. And, as the range of vape oils, vape juices, ...Learn More
Ready to make your first CBD oil purchase but aren’t sure where to start? Well, you’ve come to the right ...Learn More
With so many CBD oil products and delivery formats available for purchase, knowing which one is right for you can ...Learn More
The hemp plant produces flowers just like its THC-toting cousin marijuana. Typically, this flower is processed and cannabidiol (CBD) is ...Learn More
CBD oil drops are one of the most popular ways to take cannabidiol (CBD). They are a cost-effective and convenient ...Learn More
If you’re new to the world of CBD oil, there’s a lot of new terminology to take in; one term ...Learn More
Is there nothing cannabidiol can’t do? The wonder compound—more commonly known as CBD—has been hailed as everything from a digestive ...Learn More
As an athlete, the less time you can spend doing online research, the more time you can devote to your ...Learn More
CBD oil microdosing is a concept that gets thrown around a lot these days, but what does it actually mean? ...Learn More
Because CBD oil has also been shown to reduce inflammation and swelling while promoting cell reparation, CBD topicals (e.g. balms, ...Learn More
When investigating cannabis products, it’s easy to become overwhelmed by all the varieties available. Cannabis oil, hemp seed oil, CBD ...Learn More
People are quickly becoming aware of the potential benefits of CBD oil, but this awareness has lead to one very ...Learn More
Today, it’s hard to go a day without hearing something about CBD oil, and for good reason. Cannabidiol (CBD) is ...Learn More
There are tens of millions of Americans who smoke cigarettes and millions of others who are suffering from smoking-related diseases ...Learn More
There are two main types of cannabidiol (CBD) extract utilized by vendors - purified, crystalline isolate, often labeled as ‘CBD ...Learn More
With frequent news reports about newly discovered uses for cannabidiol (CBD) in healthcare, a number of parents are investigating its ...Learn More
There is an increasing amount of coverage in the media about CBD oil and its potential uses and benefits. Everywhere ...Learn More
CBD oil interacts with the brain and central nervous system to produce a number of beneficial outcomes from reducing inflammation ...Learn More
The short answer: Yes...and no. If you’ve been following the national conversation about cannabis, you may have felt confused at ...Learn More
If you’re an athlete or fitness enthusiast who has heard about the many health benefits of cannabidiol (CBD), you may ...Learn More