Is CBD legal? 2019 State and Federal Guide

The 2018 Farm Bill has now removed hemp from the Schedule 1 controlled substances list. This now makes hemp derived CBD federally legal. However, before you think it is a completely open market there are several caveats:

  1. Hemp is defined as cannabis plants containing less than 0.3% THC content (the psychoactive component in marijuana that gets you high)
  2. The hemp must be grown by a properly licensed grower
  3. States have the right to regulate production and sale of hemp and hemp derived CBD within their borders
  4. Hemp derived CBD now falls under FDA regulatory authority

What this basically means is that hemp and hemp derived CBD legality is now up to individual states’ laws. A number of states have fully legalized both marijuana and hemp for medical and recreational use, making hemp derived 100% legal in those states. Some states still forbid marijuana or allow it for medical use only, while not specifically forbidding hemp and hemp derived CBD. A few states forbid both marijuana and hemp.

We have compiled a list of all current state laws, however we cannot guarantee this list remains up to date so you may want to check other sources for your state’s law.

Alabama

Attorney General Steve Marshall has issued a public notice clarifying that hemp derived CBD is legal in Alabama.

Alaska

Recreational marijuana and hemp products are legal in Alaska.

Arizona

Hemp derived CBD containing less than 0.3% THC is legal in Arizona.

Arkansas

The Industrial Hemp Act of 2017 (Act 981) legalized industrial hemp containing less than 0.3% THC for research purposes only.

We do not ship orders to Arkansas.

California

Recreational marijuana and hemp products are legal in California.

Colorado

Recreational marijuana and hemp products are legal in Colorado.

Connecticut

HB 5780 signed by Governor Malloy in 2015 removed hemp stalks, fiber, and seeds from the definition of marijuana.

Delaware

Governor Jack Markell signed SB 90 into law in 2015 legalizing medical marijuana products containing less than 7% THC.

Florida

Hemp currently falls under the definition of marijuana in Florida, and is restricted by a voter enacted medical marijuana program.

The state’s agriculture department cannabis director Holly Bell has sent cease & desist notices to hemp and CBD retailers in the state, but has signaled a desire to regulate rather than ban the products. Senate Bill SB 1020 has been proposed to bring legality in line with federal guidelines. It has passed both the “Innovation, Industry, and Technology” and “Agriculture” committees and is currently on the “Appropriations” committee agenda for 04/11/2019. If it passes the third committee it may proceed to the senate floor for a full vote.

Georgia

Oddly Georgia has laws in place to allow patients who are registered to use “low THC oil” (less than 5% THC) to legally possess it, even though it is illegal to sell or transport the product into the state.

Hawaii

Medical marijuana is legal in Hawaii.

Hemp derived CBD containing less than 0.3% THC is legal in Hawaii.

Idaho

In Idaho any plant containing THC or part of the genus Cannabis is defined as marijuana and is illegal. This includes all hemp.

We do not ship orders to Idaho.

Illinois

Medical marijuana is legal in Illinois for registered patients with qualifying conditions. Hemp derived CBD with less than 0.3% THC is legal in Illinois.

Indiana

Governor Eric Holcomb signed SB52 into law making CBD legal if it has been batch tested to contain less than 0.3% THC, however it does require excessively burdensome packaging and traceability compliance.

Iowa

Hemp derived CBD is restricted under Iowa’s medical marijuana program.

Kansas

Governor Jeff Colyer signed SB 282 into law in 2018 which legalized CBD. However, it must contain 0% THC.

Since hemp naturally has at least trace amounts of THC it cannot be guaranteed that all products contain 0% except those made from highly refined CBD isolate.

We do not ship orders to Kansas.

Kentucky

Home state of Senator Mitch Mcconnell who championed the federal legalization of hemp in both the 2014 Farm Bill and 2018 Farm Bill, Kentucky has legalized hemp containing less than 0.3% of THC.

Louisiana

Hemp is restricted under Louisiana’s medical marijuana program created by ACT 961.

Maine

Recreational marijuana and hemp products are legal in Maine.

Maryland

Hemp containing less than 0.3% THC was legalized in Maryland by HB 698.

Massachusetts

Recreational marijuana and hemp products are legal in Massachusetts.

Michigan

Recreational marijuana and hemp products are legal in Michigan.

Minnesota

Hemp containing less than 0.3% THC is legal in Minnesota.

Mississippi

Hemp derived CBD is heavily restricted under Mississippi’s medical marijuana program that allows no products with at least 15% CBD content and less than 0.5% THC to be used by qualified patients suffering from epilepsy.

Missouri

Hemp derived CBD in concentrations of at least 5% and with no more than 0.3% THC content are restricted to registered patients suffering from epilepsy in Missouri.

Montana

Hemp containing less than 0.3% THC is legal in Montana.

Nebraska

Nebraska Attorney General Doug Peterson has issued memos to law enforcement agencies and prosecutors clarifying that CBD remains illegal under Nebraska law.

There is a proposed bill, LB659, that would remove CBD from the state’s controlled substances list and remove it from the definition of marijuana.

We do not ship orders to Nebraska.

Nevada

Recreational marijuana and hemp products are legal in Nevada.

New Hampshire

HB 421 was enacted in July of 2015, allowing the University of New Hampshire to grow industrial hemp for research purposes.

New Jersey

Assembly Bill 1330/Senate Bill 3145 authorizes the state Department of Agriculture and/or certain universities to establish a pilot program “to study and promote the cultivation of industrial hemp to the maximum extent permitted by federal law.”

New Mexico

House Bill 144 and Senate Bill 6 permitted the Department to license farmers to cultivate industrial hemp for research and development purposes in compliance with federal provisions (Section 7606) of the 2014 Farm Act.

New York

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Recreational marijuana and hemp products are legal in Oregon.

Pennsylvania

Rhode Island

South Carolina

South Dakota

South Dakota has among the harshest marijuana laws in the country, carrying a potential year in jail and $2000 fine for possession of even minor amounts. Even more alarming is that one could be charged for simply testing positive for past marijuana consumption, even if they had consumed it in another state where it is legal.

SB95 removed CBD from the definition of marijuana in South Dakota and made it a Schedule IV controlled substance, but only if CBD gains approval from the FDA for medical treatment. As it stands this leaves only the FDA approved drug Epidiolex as a legal CBD product in South Dakota.

We do not ship orders to South Dakota.

Tennessee

Texas

Utah

Vermont

Recreational marijuana and hemp products are legal in Vermont.

Virginia

Washington

Recreational marijuana and hemp products are legal in Washington.

Washington D.C.

Recreational marijuana and hemp products are legal in Washington D.C.

West Virginia

West Virginia has legalized medical marijuana but its program is not yet operational.

We do not ship orders to West Virginia.

Wisconsin

Wyoming

 

Leave a Reply

Your email address will not be published. Required fields are marked *