CBD oil’s immense popularity stems from its numerous health benefits. This seemingly magical oil from cannabis plants is currently being used to treat medical conditions such as arthritis, pain, anxiety, insomnia, seizures, and epilepsy. This isn’t even the complete list! Although the studies about CBD oil return promising results, there’s still a lot of confusion about this cannabis-derived oil especially when it comes to its legality. To help you determine if CBD oil is legal in your state, we’ve created a state-by-state breakdown of the legality of CBD oil in the US.
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Federal CBD laws
2018 Farm Bill
After the 2014 Farm Bill expired, the 2018 Farm Bill took effect. This law answered the gaps that the 2014 Farm Bill failed to explain. Under the 2018 Farm Bill, hemp was removed from the Controlled Substances Act and added THC as a Schedule I controlled substance with the exemption of THC from hemp.
Furthermore, the 2018 Farm Bill differentiates hemp from marijuana clearly. It was stated that hemp is a plant of Cannabis sativa L. with delta-9 tetrahydrocannabinol concentration of less than 0.3 percent and that products derived from any part of the hemp plant are legal. Cannabis plants that have a THC concentration of more than 0.3 percent are considered marijuana under federal law. Although the 2018 Farm Bill seems to be a major win for the CBD oil industry, there still remained conflicts with regards to hemp and hemp-derived products.
Federal Food, Drug and Cosmetic Act
After the 2018 Farm Bill went to effect, the U.S. Food and Drug Administration (FDA) issued a statement that CBD-infused products should not be marketed as a drug of a food supplement unless approved by the FDA. They are also strongly against the inclusion of CBD to food, beverages, food supplements, and cosmetics. As of this writing, there is only one FDA approved CBD-infused epilepsy drug named Epidolex. However, despite the regulations brought by the 2018 Farm Bill and the FDA, states are free to implement their own depending on what they see fit. That resulted in varying CBD regulations per state.
Is CBD oil legal in Alabama?
Yes, CBD oil in Alabama is legal. Under the 2018 Farm Bill and Alabama Industrial Hemp Research Program Act, hemp and hemp-derived products, such as CBD oil, can legally be accessed in the state of Alabama if the product has less than 0.3 percent. As stated in the Alabama Industrial Hemp Research Program Act, the Alabama Department of Agriculture and Industries (ADAI) should oversee the distribution of licenses and regulation of hemp and hemp products. Additionally, under SB 174 and HB 61, patients with qualifying conditions can legally access cannabis products with higher THC content.
Is CBD oil legal in Alaska?
CBD oil in Alaska is legal as long as it is derived from the hemp plant and contains not greater than 0.3 percent of THC. Since hemp-derived products have little to no amount of THC, it does not cause intoxication or a high sensation to its consumers. The Alaska Department of Natural Resources oversees regulations regarding cultivation, research, and testing of hemp and hemp-derived products under the Industrial Hemp Pilot Program.
Is CBD oil legal in Arizona?
CBD oil in Arizona is legal, as all products derived from hemp with less than 0.3 percent THC. After the 2018 Farm Bill took effect, Governor Ducey signed SB1098 legalizing cultivation and research of hemp and hemp-derived products under the state’s agricultural pilot program overseen by the Arizona Department of Agriculture (AZDA).
In March 2014’s Welton vs State of Arizona case, Judge Katherine Cooper allowed the medical use of marijuana extracts, including CBD oil, without the fear of violating the law. This is also supported by the Arizona Medical Marijuana Act (AMMA).
Is CBD oil legal in Arkansas?
Can I Buy CBD in Arkansas? Yes, it is allowed to buy and sell CBD oil in Arkansas. In 2017, the Arkansas Industrial Hemp Act or Act 981 took effect making it legal to buy CBD oil in Arkansas if the product contains less than 0.3 percent THC. If it contains a higher THC level, the product will be considered as medicinal marijuana, and buying medicinal marijuana in Arkansas requires you to present a medical marijuana card. Only patients that are qualified are given the card and can use and purchase medicinal marijuana. Since 2018, the Arkansas State Plant Board (ASPB) oversees the state’s hemp program.
In 2019, House Bill 1518 was put into effect. This bill states that CBD oil in AR, of any kind, is not regulated by the government. Furthermore, the FDA still discourages the addition of hemp-derived CBD to food and beverages.
Is CBD oil legal in California?
Back in 1970, all types of cannabis including marijuana and hemp were considered illegal under the 1970 Federal Controlled Substances Act. California was one of the first states that made the use of medical marijuana legal through its Compassionate Use Act of 1996 and the Adult Use of Marijuana Act. Compassionate Use Act of 1996 allowed patients with certain illnesses to obtain marijuana for medical purposes. On the other hand, the Adult Use of Marijuana Act (AUMA) legalized the use of cannabis for recreational purposes. So, yes, CBD oil in California is legal.
In California, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) oversees regulations and programs regarding medical and adult-use of marijuana.
Is CBD oil legal in Colorado?
Yes, hemp-derived CBD oil in Colorado is legal as long as it has low THC content and complies with the state’s Food and Drug Act.
The state’s CBD regulations are in-line with the 2018 Farm Bill. Currently, the Colorado Department of Agriculture (CDA) oversees the cultivation of hemp and issues licenses to qualified growers. However, the said department does not regulate products derived from hemp. Under House Bill 18-1295, products derived from hemp, including CBD oil in Colorado, must comply with the state’s Food and Drug Act and manufacturers should register with the Colorado Department of Public Health and Environment (CDPHE).
Additionally, patients in need of access to high THC cannabis-derived products should register in the state’s medical marijuana registry.
Is CBD oil legal in Connecticut?
Yes, buying CBD oil containing 0.3 percent THC and was derived from hemp is legal in the state of Connecticut. However, if you are looking to buy CBD oil in CT made from marijuana extracts or has a THC level of greater than 0.3 percent, you will have to enroll in the state’s Medical Marijuana Program to obtain a Medical Marijuana (MMJ) card. If you are not enrolled in the program, it is illegal to buy high THC substances and marijuana-derived CBD oil in Connecticut. In CT, The Connecticut Department of Consumer Protection (DCP) is responsible for regulating hemp-derived products for human consumption as well as for issuing related licenses.
Is CBD oil legal in Delaware?
In 2011, the state has authorized the use of medical marijuana for medical use but it is required to request a prescription from a Delaware-based physician. Additionally, patients should only purchase the said products through licensed dispensaries. A registered patient is allowed to possess up to 6 ounces of medical marijuana as long as the patient has a valid registry identification card.
In 2014, under House Bill 385, growing industrial hemp was made legal as long as you are registered with the Department of Agriculture. This bill also made it legal to buy CBD oil in Delaware, if it is hemp-derived and does not exceed the allowable content of THC. Furthermore, a hemp cultivation program was instituted in 2018. With that, growing of hemp was allowed statewide.
Buying hemp-derived products, such as CBD oil, that contain less than 0.3 percent THC and under 7 percent CBD is legal in Delaware even for recreational purposes.
Is CBD oil legal in Florida?
Currently, buying CBD oil in Florida is permitted as long as it’s derived from hemp and has a THC concentration of less than 0.3 percent. After the SB 182 was signed by Gov. Ron DeSantis into law, the medical use of marijuana was legalized in the state. If a product with a higher THC concentration is needed, patients can register for Florida’s medical marijuana program to obtain medical marijuana (MMJ) card.
Under the Agriculture Improvement Act of 2018, the Florida Department of Agriculture and Consumer Services oversees regulations, research, testing, and licensing on hemp and hemp-derived products.
Is CBD oil legal in Georgia?
CBD oil in Georgia is legal, as with most states. CBD oil and other CBD-based products are legally accessible to anyone as long as it is derived from hemp and not from marijuana. Additionally, it should not exceed the THC content of 0.3 percent and should not be infused in food, beverages, and dietary products. For patients who need cannabis products with THC content exceeding 0.3 percent, they can apply for Georgia’s Low THC Oil Registry Card which will allow them to legally possess up to 20 ounces of marijuana-derived low THC oil.
Under the HB 213 or the Georgia Hemp Farming Act, Georgia Department of Agriculture (GDA) is responsible for regulating the research, cultivation, processing, testing, and licensing of hemp.
Is CBD oil legal in Hawaii?
Under the HRS (Hawaii Revised Statutes) Chapter 329-D, CBD oil in Hawaii is legal as long as it is hemp-derived and contains THC level of less than 0.3 percent, and it will also be closely monitored by the Hawaii Department of Health (DOH). Although Hawaii residents are allowed to buy and sell CBD oil and other hemp-derived products, the inclusion of CBD to food, beverages, and cosmetics manufactured in the state is illegal. Additionally, CBD-infused products are prohibited to be advertised as a dietary supplement.
Is CBD oil legal in Idaho?
CBD oil in Idaho is legal if and only if it does not contain any THC, meaning 0 percent THC. Other than that, it should only be derived from the following parts of the cannabis plant: fiber produced from stalks, mature stalks of the plant, cake or oil from the achene or seeds of the plant, sterilized seeds of the plant that are incapable of germination, and any other compound made from the preparation of mature stalks
Hemp that contains even a low amount of THC is still a controlled substance under Idaho code S37-2701(t) according to the Idaho Office of Drug Policy (ODP). That means CBD oil derived from hemp extract that did not meet the above requirements is considered a controlled substance.
Is CBD oil legal in Illinois?
Because of the Farm Bill of 2018 and the recently signed Cannabis Regulation and Tax Act (410 ILCS 705), hemp has become an agricultural commodity and currently being manufactured into different CBD products such as CBD supplements, CBD gels, and CBD oil in Illinois. Prescription or MMJ card is not required when buying CBD oil with low THC content. However, the state requires that all CBD products in Illinois should come from local manufacturers. Furthermore, hemp regulations, programs, testing, and licensing are being overseen by the Illinois Department of Agriculture.
Is CBD oil legal in Indiana?
Under the Senate Bill 516 signed by Gov. Eric Holcomb, buying, selling, and possessing CBD oil in Indiana is allowed if the product contains less than 0.3 percent THC. The bill also states that manufacturers are required to test each of their product’s batch to ensure that its THC content is within the allowed amount. Other than that, this law also required the inclusion of QR code on the product’s label. This QR code should link to a document containing details about the product’s batch. Including ingredients, company name, and manufacturing information.
The Office of Indiana State Chemist is responsible for providing licenses to qualifying hemp grower/farmer applicants.
Is CBD oil legal in Iowa?
Yes, as long as it does not exceed the allowed THC content of less than 0.3 percent and as long as it is derived from hemp and not from marijuana. Complying with the 2018 Farm Bill, the state has allowed cultivating, selling, and buying hemp-derived CBD oil in Iowa through the House File 524.
CBD oil in Iowa that is derived from a cannabis plant that’s not hemp is only allowed if the individual has a medical cannabidiol card. These medical cannabidiol cards are only given to individuals with certain conditions such as seizure, AIDS/HIV, cancer, and autism. To view the complete list of qualifying conditions, you can check IDPH’s website.
Is CBD oil legal in Kentucky?
Yes, complying with the 2014 Farm Bill, the state has made non-psychoactive CBD oil in Kentucky legal for eligible patients through the SB 124. The said bill allowed patient access to cannabis products for medical purposes but made no provision for recreational use. However, under the 40 KRS 218A.010(27), hemp-derived CBD products in Kentucky have become legally accessible for all consumers as long the THC content is less than 0.3 percent. Additionally, hemp licensing applications should be submitted to and approved by the Kentucky Department of Agriculture (KDA).
Is CBD oil legal in Kansas?
The SB 263 (Alternative Crop Research Act) is the state’s program that lets universities and research institutions to study the viability of industrial hemp. Shortly after the said law was signed, SB 282 took effect, which allowed access to CBD oil in Kansas as long as the product contains 0 percent THC. It is also important to note that when caught with possession of marijuana products (cannabis-derived products with 0.3 percent THC or higher), the violator can be charged with a class A misdemeanor.
Furthermore, the Kansas Department of Agriculture oversees the Industrial Hemp Research Program that is responsible for licensing for cultivating and processing of hemp to various products.
Is CBD oil legal in Louisiana?
As of 2019, more than a thousand CBD businesses were permitted to operate and sell CBD oil in Louisiana based on a list released by Louisiana’s Office of Alcohol and Tobacco Control (ATC). This is after Gov. John Bel Edwards signed House Bill 491 that allows retailers to sell CBD oil and other CBD products within the state. This also allowed research and production of hemp and hemp-derived products. The state recognized the potential of Louisiana to be one of the biggest producers of hemp and hemp-derived products due to its climate, farmers and growers can harvest hemp twice a year. However, producing, selling, and inhaling of products infused with CBD as well as alcoholic beverages is still prohibited within the state. Other forms of CBD such as edibles are also not allowed if not approved by the Food and Drug Administration (FDA).
Is CBD oil legal in Maine?
Both marijuana-derived and hemp-derived CBD oil in Maine is legal. Despite the FDA’s (Food and Drug Administration) firm stand against infusing CBD in food, beverages, and cosmetics, CBD in edibles is legal in Maine under H.P. 459.
In 1999, under the Maine Medical Marijuana Act, the state made it legal for patients to grow marijuana for medical use. In 2016, recreational use of marijuana was also legalized but the selling of recreational marijuana was temporarily prohibited. Years after, the regulations are slowly being updated and recreational cannabis dispensaries in Maine are expected to open in 2020.
Additionally, hemp licensing is being overseen by the Maine Department of Agriculture, Conservation and Forestry (DACF).
Is CBD oil legal in Maryland?
In line with the regulations implemented by the federal government, it is legal to purchase CBD oil in Maryland as long as the product is hemp-derived and contains less than 0.3 percent THC under the House Bill 443 and the HB 698. Furthermore, under the HB881/SB923, products with higher THC content or derived from marijuana are considered illegal unless the person has a medical card from the state’s medical-marijuana program.
Maryland Medical Cannabis Commission oversees medical cannabis regulations as well as the application for the MMCC registry and medical card. While the Department of Agriculture oversees hemp licensing in the state.
Is CBD oil legal in Massachusetts?
Yes, CBD oil in Massachusetts is legal as long as it is not infused in food, beverages, and dietary products; it has a THC content of less than 0.3 percent and is derived from hemp.
Following the 2014 Farm Bill, the state implemented a Hemp Program under the responsibility of the Massachusetts Department of Agricultural Resources (MDAR). MDAR oversees the licensing, inspecting, and certifying industrial hemp crops to ensure that the crops do not exceed 0.3 percent THC. However, the said department does not regulate sales of products derived from hemp, including CBD oil. Additionally, the Massachusetts Department of Public Health (MDPH) also released a statement that says CBD in food, beverages, and dietary supplements are illegal in the state.
For cannabis-derived products with higher THC content, the patient must register in the state’s Medical Use of Marijuana Program to be able to legally access such products.
Is CBD oil legal in Michigan?
Yes, CBD oil in Michigan is legal whether it is derived from hemp or marijuana. Under Public Act 642 of 2018, CBD oil from hemp was differentiated from CBD oil from marijuana as the former contains significantly less THC. This made buying CBD oil in Michigan legal for everyone as long as it is derived from hemp. Additionally, purchasing hemp-derived products will not require a prescription or a medical card.
Although hemp and marijuana-derived CBD oil are legal in Michigan, the state prohibits manufacturers to market CBD-infused products as a dietary supplement or to add said products in food or beverages. This is in-line with the FDA’s regulations.
Under the Michigan Regulation and Taxation of Marihuana Act (MRTMA), the state has the Marijuana Regulatory Agency (MRA) to regulate adult-use marijuana establishments as well as to provide licenses.
Is CBD oil legal in Minnesota?
Yes, like in most states, CBD oil in Minnesota is legal as long as it contains THC of less than 0.3 percent. Under the 2018 Farm Bill and the state’s Industrial Hemp Pilot Program, growers and farmers were allowed to cultivate, process hemp as long as they obtain a license from the Department of Agriculture. Retailers were also allowed to sell hemp-related products. This law also allowed researchers to further study hemp and CBD.
However, for patients in need of cannabis-derived products with higher THC content, the Minnesota Department of Health is open for applications to their Medical Cannabis Program.
Is CBD oil legal in Mississippi?
After the 2018 Farm Bill took effect, Mississippi followed and allowed its residents access to CBD oil. However, only hemp-derived CBD oil is accessible to everyone. Marijuana-derived CBD products are only legally accessible for patients with conditions that the state’s medical-marijuana program considers qualified.
For patients in need of marijuana-derived CBD oil in Mississippi, they can enroll in the state’s medical-marijuana program. Patients are also required to only purchase said CBD products in Mississippi through the University of Mississippi’s National Center for Natural Products Research or at least make sure that the product was tested by the said research center.
In 2014, the state implemented Harper Grace’s Law or House Bill 1231 that limits THC content in medical marijuana to less than 0.5 percent and at least 15 percent CBD.
Is CBD oil legal in Missouri?
Missouri is one of those states with strict cannabis regulations. Medical marijuana was only legalized in the state back in 2014 under HB 2238 was passed. This law made medical marijuana with less than 0.3 percent THC and at least 5 percent CBD legally accessible only to patients with epilepsy possessing a hemp registration card. Even after the 2018 Farm Bill took effect, Missouri did not update its cannabis regulations resulting in confusion whether hemp-derived CBD oil with less than 0.3 percent THC is legal.
In 2018, House Bill 2034 was passed which legalized cultivating, selling, and purchase of hemp and products derived from hemp legal as long as it has a THC content of less than 0.3 percent, including CBD oil in Missouri.
Following this, in 2019, Missouri’s medical marijuana program started under the Department of Health & Senior Services (DHSS). This updated program extended its list of qualifying conditions to include a few more conditions such as cancer and glaucoma.
Also in the same year, Senate Bill 133 went into effect. This will allow the state to implement its Industrial hemp program which will allow the Missouri Department of Agriculture (MDA) to issue licenses to farmers to cultivate and manufacturers to process hemp with low THC content. It began accepting applications on January 2, 2020. Additionally, this law
Is CBD oil legal in Montana?
After the 2018 Farm Bill went into effect, Montana did not create a framework or updated regulations regarding CBD oil in Montana. The Montana Department of Public Health and Human Services’ (DPHHS) regulations are just based on the FDA, which means CBD cannot be infused to food and beverages. It also cannot be advertised as a dietary supplement. Moreover, in 2019, cultivating and processing of hemp was made legal under the Montana Department of Agriculture (MDA). The said agency released a draft of hemp licensing and regulations in August 2019.
Is CBD oil legal in Nebraska?
In 2019, the Nebraska Hemp Farming Act (LB657) was signed into law by Gov. Pete Ricketts. This made hemp-derived CBD oil in Nebraska accessible to everyone if it has a THC content of less than 0.3 percent. Additionally, cultivating and processing of hemp was also made legal for farmers and manufacturers that have licenses issued by the Nebraska Department of Agriculture.
Is CBD oil legal in Nevada?
Medical marijuana has been legal in the state of Nevada under the Nevada Medical Marijuana Act, since 2000. Following that, in 2017, recreational marijuana has been made legal as well. Although it is legal, using marijuana in public may cause a misdemeanor and fines.
Following the 2014 and 2018 Farm Bill, the state of Nevada passed 2015 SB 305, 2016 SB 396, and 2019 SB 209 which allows hemp and products derived from it to be cultivated and processed under the regulations of the Nevada Department of Agriculture (NDA) to ensure that the plant or the product has less than 0.3 percent THC. This means that CBD oil in Nevada is legal if it is hemp-derived and has low THC content.
Is CBD oil legal in New Hampshire?
Yes, as with most states, CBD oil in New Hampshire is legal if it is derived from hemp and has a THC content of less than 0.3 percent. Following the 2018 Farm Bill, HB 459 was passed and is aiming to establish the cultivation of hemp in the state. A committee was established to further study how the hemp program will be implemented properly but as of December 2019, the committee hasn’t submitted a report yet. Thus, New Hampshire is still not fully open to the production of Hemp.
CBD derived from hemp is also prohibited to be added to food, beverages, and to be advertised as a dietary supplement, as stated in a guideline released by the New Hampshire Liquor Commission. Additionally, under HB 1581, all CBD products manufactured in the state should follow testing and labeling requirements and should also be registered with the New Hampshire Department of Agriculture, Markets, and Food (NHDAMF).
Is CBD oil legal in New Jersey?
Under New Jersey’s Compassionate Use Medical Marijuana Act, patients who are registered in the state’s medical-marijuana program cannot be arrested even if caught possessing cannabis-derived products with high THC content. However, to be eligible in the state program, the patient’s condition should be on the programs list of qualifying conditions.
Following the 2018 Farm Bill, the state of New Jersey passed the New Jersey Industrial Hemp Pilot Program bill (Assembly Bill 1330) that allows cultivating, researching, processing, and selling of hemp as long as the grower or manufacturer is registered with the Department of Agriculture as only qualified applicants will be allowed to join the program. Because of these laws, CBD oil in New Jersey is legal if it is hemp-derived and has a THC content of less than 0.3 percent. Otherwise, it will be considered as medical marijuana and should only be possessed by persons with the MMJ card.
Is CBD oil legal in New Mexico?
Yes, CBD oil in New Mexico is legal if it is hemp-derived and has less than 0.3 THC. Additionally, under the Lynn and Erin Compassionate Use Act, the use of medical marijuana was made legal for patients registered under the state’s medical-marijuana program. To become eligible for the program, the patient must obtain a written recommendation from a licensed physician then apply through the New Mexico Department of Health’s website, under the Medical Cannabis Program (MCP).
Following the 2014 and 2018 Farm Bill, the state of New Mexico established two hemp programs regulated by two different government entities. The 2017 Senate Bill 6 assigned the New Mexico Department of Agriculture (NMDA) to oversee the cultivation and production of hemp. While in 2019, HB 581 was passed and tasked the New Mexico Environment Department to regulate hemp finished products including CBD edibles to ensure that the THC content will be less than 0.3 percent.
Is CBD legal in New York?
Following the 2018 Farm Bill, New York’s Gov. Cuomo signed Senate Bill S6184 that allows hemp and hemp-derived products to be available in the market for everyone’s consumption if it has less than 0.3 percent THC. The said bill stated that it is legal to cultivate, process, buy and sell hemp and hemp-derived products. However, it did not mention edibles infused with CBD.
Back in 2019, the New York Department of Agriculture & Markets issued a statement advising that it is illegal to add CBD to food and drinks, following the FDA’s CBD regulations. So, it is safe to assume that hemp-derived low THC CBD oil in New York is legal as long as it is not added to food and drinks. There are also other CBD variations available in the state such as creams, lotions, and tinctures.
Additionally, the 2014 Compassionate Care Act protects patients who need to use marijuana-derived products as part of their treatment. The state allows access to medical marijuana for qualified and registered patients but still does not allow recreational marijuana up to this day.
Is CBD oil legal in North Carolina?
Even after the 2018 Farm Bill went into effect, North Carolina did not update its hemp regulations and still somehow treats hemp the same as marijuana. Currently, it is still technically illegal to possess CBD unless the patient is registered in the state’s medical-marijuana program under the Epilepsy Alternative Treatment Act. Patients will only be eligible for the program if their condition is on the list of the program’s qualifying conditions. Although a medical marijuana card will grant patients access to medical marijuana, the cannabis product should only contain up to 0.9 percent THC.
Despite this confusion, there are still health stores and CBD stores selling CBD oil in North Carolina, as it is federally legal under the 2018 Farm Bill.
Is CBD oil legal in North Dakota?
Cultivating and processing hemp in North Dakota is legal if it has low THC, in-line with the 2014 Farm Bill and the state’s HB 1349. But there is nothing stated regarding regulating products from hemp under the HB 1349. Even after the 2018 Farm Bill went into effect, the state did not update its regulations resulting in confusion whether CBD oil in North Dakota is legal or not.
The state’s hemp licensing is currently being overseen by the North Dakota Department of Agriculture while the medical marijuana program is under the North Dakota Department of Health, Division of Medical Marijuana.
Is CBD oil legal in Ohio?
Under the 2018 Farm Bill and the SB 57 signed by the Ohio Gov. DeWine, cultivating, processing, selling, and buying of hemp and products derived from hemp are legal. This means CBD oil in Ohio is legal as long as it is hemp-derived and meets the THC requirement.
Since cannabis is a known alternative medicine to several conditions, patients in need of CBD with higher THC content needs to register in the Ohio Medical Marijuana Control Program (OHMMCP). Once the application has been approved, the patient can obtain medical marijuana. There are only a few medical conditions that the program considers eligible, the complete list can be viewed on the program’s official website.
The Ohio Medical Marijuana Control Program (OHMMCP) is being administered by the Ohio Department of Commerce, State of Ohio Board of Pharmacy, and State Medical Board of Ohio.
Is CBD oil legal in Oklahoma?
Yes, CBD oil is legal in Oklahoma. Under the 2018 Farm Bill and the state’s Senate Bill 238, purchasing and selling of CBD oil in Oklahoma are legal as long as it is hemp-derived and has a THC content of less than 0.3 percent. Furthermore, products infused with CBD should include the following on its label:
- CBD’s country of origin
- Whether the CBD is synthetic or natural
Also, Oklahoma is one of those states that allow the addition of CBD to food, beverages, and cosmetics, as long as it does not violate the regulations under the Oklahoma Public Health Code.
Is CBD oil legal in Oregon?
Yes, Oregon’s state laws have allowed medical and recreational marijuana within the state. And due to the 2014 Farm Bill and Chapter 571 of the Oregon Revised Statutes, all hemp-derived products were made legal, if it contains less than 0.3 percent THC. Under the said statute, the Oregon Department of Agriculture (ODA) oversees the cultivation, processing, and licensing of hemp and products derived from it.
There currently are no possession limits for hemp-derived CBD oil in Oregon, as it contains little to no amount of THC. However, for marijuana-derived CBD products, the limitations are below:
- Marijuana in solid form – 16 ounces
- Marijuana in liquid form – 72 ounces
- Concentrates – 5 grams
Is CBD oil legal in Pennsylvania?
Yes, CBD oil in Pennsylvania is legal as long as it meets the THC requirement of less than 0.3 percent and if it is derived from hemp. However, the state of Pennsylvania follows the FDA guidelines on the addition of CBD to food and beverages. Therefore, CBD infused in food and beverages is illegal in Pennsylvania.
Under the 2018 Farm Bill and the Industrial Hemp Research Act of Jul. 20, 2016, P.L. 822, No. 92, the Pennsylvania Department of Agriculture oversees the state’s industrial hemp program and issues licenses to qualified farmers.
Is CBD oil legal in Rhode Island?
Following the 2018 Farm Bill, the state of Rhode Island passed the Hemp Growth Act and that enabled the Rhode Island Industrial Hemp Agricultural Pilot Program under the responsibility of the Rhode Island Department of Business Regulations (RIDBR). RIDBR is responsible for providing licenses to qualified farmers, manufacturers, and retailers. Under the Hemp Growth Act, CBD oil in Rhode Island is legally accessible to adults at least 21 years of age.
Patients in need of marijuana-derived CBD oil in Rhode Island can register for the state’s medical-marijuana program. However, to qualify for the said program, the patient needs to obtain a written recommendation from a licensed physician.
Is CBD oil legal in South Carolina?
Yes, it is legal to buy CBD oil in South Carolina but there are restrictions to keep in mind. Under the 2018 Farm Bill and South Carolina’s House Bill 3449 (Hemp Farming Act), farmers and growers can cultivate and sell hemp. Moreover, processing, selling, and buying of hemp and hemp-derived products were also made legal by the said law. These hemp plants and products should only contain THC of less than 0.3 percent.
Hemp-derived CBD oil can be purchased in South Carolina even without prescription or medical marijuana card. However, products that were derived from marijuana and have high THC content are only legally available to patients registered in the state’s medical-marijuana program.
Is CBD oil legal in South Dakota?
Even after the 2018 Farm Bill took effect, South Dakota remained with its strict anti-cannabis regulations and treated hemp the same as marijuana. In March 2020, the state’s HB 1008 was signed by Gov. Kristi Noem. This will allow growers to cultivate hemp through the state’s industrial hemp program. But this isn’t an entirely win yet as the state needs to submit a hemp production plan to the USDA for approval.
The legality of CBD oil in South Dakota is currently blurred. As of today, South Dakota residents still need to wait for the state to legalize medical marijuana as well as remove hemp from the controlled substances. Only patients with existing medical marijuana (MMJ) cards issued from states where it is legal can use medical marijuana in SD.
Is CBD oil legal in Tennessee?
Yes, CBD oil is legal in Tennessee as long as it is derived from hemp, has less than 0.3 percent THC, and meets TDA’s requirements.
Tennessee’s hemp plans and regulations (Public Chapter 916) were based on the 2014 Farm Bill, no plans were implemented under the 2018 Farm Bill. Currently, the Tennessee Department of Agriculture (TDA) regulates “rooted hemp or growing hemp” and does not provide licenses for processing and manufacturing products derived from the crop. Regarding products derived from hemp, the department requires that the ingredients must be sourced from facilities or sources that are inspected and approved by TDA.
Is CBD oil legal in Texas?
Yes, CBD oil in Texas is legal if it is derived from hemp and has low THC content. Following the 2018 Farm Bill, HB 1325 took effect in Texas this 2020. This law made hemp and hemp-derived CBD products accessible to everyone. Other than buying and selling hemp-derived CBD products, this law also made legal the cultivating and processing of hemp. It is important to note that the law described hemp as a cannabis plant containing less than 0.3 percent THC, otherwise, the cannabis plant is considered marijuana and will be strictly regulated.
Under this law, there are 2 regulating bodies tasked to oversee cultivation, manufacturing, and sale of hemp and products derived from the crop. These are the Texas Department of Agriculture (TDA) and the Department of State Health Services (DSHS).
Is CBD oil legal in Utah?
Like in most states, CBD oil in Utah is legal if it is hemp-derived and contains THC of less than 0.3 percent. The state’s industrial hemp program is overseen by the Utah Department of Agriculture and Food (UDAF). Under the UDAF regulations, CBD products to be sold in the state should be registered with the department and should comply with the labeling standards.
Additionally, under the House Bill 3001 (Utah Medical Cannabis Act) in 2018, CBD oil derived from hemp with THC less than 0.3 percent can be obtained without the need to present a hemp extraction registration card before purchase. However, in-line with the FDA’s regulations, smoking, and the inclusion of CBD to food and beverages is illegal. Only consumption in form of oil, pills, capsules, gels, cubes, and lozenges is allowed.
Is CBD oil legal in Vermont?
After the 2018 Farm Bill went into effect, Vermont’s Hemp laws were amended. The state also continued to implement plans in the supervision of the Vermont Agency of Agriculture, Food, and Markets (AAFM). The state’s hemp plans are still based on the 2014 Farm bill instead of the recent one. This program allows growers, manufacturers, and retailers to cultivate, process, and sell hemp and products derived from the crop as long as it has a THC content of less than 0.3 percent and follows the labeling requirements. This means CBD oil in Vermont is legal as long as it follows the AAFM requirements.
However, the state also implemented a restriction concerning medical marijuana. Patients of 21 years of age can legally access medical marijuana as long as it does not exceed 28.35 grams (1 ounce). This did not only mean purchasing cannabis, but they are also allowed to grow their plant at home.
Is CBD oil legal in Virginia?
Yes, hemp-derived CBD oil in Virginia is legal if it has low THC content.
After the 2018 Farm Bill took effect, Virginia followed and submitted its hemp plans to the USDA. The state’s regulation on hemp production is under the responsibility of the Virginia Department of Agriculture and Consumer Services (VDACS). Additionally, the state allows CBD to be added to food, beverages, and cosmetics under SB 918.
Marijuana-derived CBD products are only legally accessible for patients with conditions that the state’s medical-marijuana program considers qualified. There are only a few conditions the program considers eligible, some of these are chronic pain, HIV/AIDS, cancer, severe nausea, seizure disorders, epilepsy, and glaucoma.
Is CBD oil legal in Washington?
Yes, CBD oil in Washington is legal if it is hemp-derived and has less than 0.3 percent THC.
The state’s hemp regulations, supervised by the Washington State Department of Agriculture (WSDA), are in-line with the 2018 Farm Bill. This law allows cultivating, processing, selling, and buying of hemp and hemp-derived products as long as it meets the THC requirement of less than 0.3 percent, therefore, the same is applicable in the state of Washington. Additionally, the state follows FDA regulations regarding the addition of CBD to food and beverages, as the FDA currently opposes CBD in edibles, the state does not allow that as well. Not only in CBD oil legal in Washington, but so is marijuana. After the Washington Initiative 502 was passed, which was widely promoted by New Approach Washington, an organization that consisted of a coalition of Washington residents that promoted marijuana legalization in WA, recreational marijuana use became legal, with some restrictions.
Is CBD oil legal in West Virginia?
Yes, CBD oil in West Virginia is legal.
The state’s previous hemp regulations under the Industrial Hemp Development Act and the current hemp production plan approved by the USDA are under the supervision and responsibility of the West Virginia Department of Agriculture (WDVA). Buying and selling of products derived from hemp are legal as long as it contains less than 0.3 percent THC, the state’s regulations are in-line with the 2018 Farm Bill.
Marijuana-derived CBD oil and other marijuana variants are only legally accessible to patients registered in the state’s medical-marijuana program being overseen by the West Virginia Department of Health and Human Resources, Bureau for Public Health, Office of Medical Cannabis. Only applications from patients with qualifying conditions will be approved.
Is CBD oil legal in Wisconsin?
Under Wisconsin’s AB 726, only patients with seizure disorders are allowed legal access to medical marijuana, or cannabis-derived substances with higher THC content. This law allows physicians to dispense CBD and issue written recommendations to patients who need treatments using any CBD variant. Patients can only purchase their marijuana medication if they possess a certification from a licensed physician.
Although the 2018 Farm Bill has been in effect years ago, hemp-derived CBD oil in Wisconsin is only allowed if it has no THC content. CBD oil, even with less than 0.3 percent, are considered illegal if the person does not have a doctor’s certification.
Is CBD oil legal in Wyoming?
After the 2018 Farm Bill took effect, Gov. Mark Gordon signed the HB0171 and HB0100 into law. These laws cover regulations on hemp, cannabidiol, and other controlled substances. With this law, the cultivation of hemp and sales of hemp-derived CBD oil in Wyoming is legal, as long as the products contain less than 0.3 percent THC. Licenses for farmers and laboratories will be distributed by the WY Department of Agriculture, to ensure that the THC content of crops and products does not exceed the limit. Only patients registered in the state’s CBD registry can obtain a Hemp Extract Registration Card, which gives them access to cannabis-derived products with higher THC contents.
- https://www.rosenharwood.com/posts/2019/05/15/industrial-hemp-cbd-and-medical-cannabis-what-are-alabamas-current-cannabis laws