CBD Legal Status in the USA
A comprehensive, state-by-state guide to CBD laws, THC limits, and hemp regulations across the United States.
Federal Framework
The 2018 Farm Bill federally legalized hemp and hemp-derived products, including CBD, as long as they contain no more than 0.3% THC by dry weight. This landmark legislation removed hemp from the Controlled Substances Act and placed it under the jurisdiction of the USDA.
However, the FDA has not yet established a clear regulatory pathway for CBD in food and dietary supplements. Individual states retain the right to impose their own restrictions, creating a patchwork of regulations across the country.
Select a State
Alabama
Medical Only- Medical cannabis legalized in 2021 (Darren Wesley 'Ato' Hall Compassion Act).
- Hemp-derived CBD with ≤0.3% THC is legal for purchase.
- CBD food and beverages face additional state restrictions.
Alaska
Fully Legal- Recreational cannabis legal since 2014.
- Hemp-derived CBD products are widely available.
- The state has a regulated cannabis market with licensed dispensaries.
Arizona
Fully Legal- Recreational cannabis legalized via Prop 207 in 2020.
- Hemp-derived CBD is legal and widely sold.
- Strong medical cannabis program established in 2010.
Arkansas
Medical Only- Medical cannabis legalized in 2016.
- Hemp-derived CBD is legal under state hemp program.
- Recreational cannabis remains illegal.
California
Fully Legal- Recreational cannabis legal since 2016 (Prop 64).
- Largest legal cannabis market in the US.
- Hemp-derived CBD is widely available in stores and online.
Colorado
Fully Legal- First state to legalize recreational cannabis (2012).
- Pioneer in CBD and cannabis regulation.
- Hemp-derived CBD products are legal and widely accessible.
Connecticut
Fully Legal- Recreational cannabis legalized in 2021.
- Hemp-derived CBD is fully legal.
- Regulated retail sales began in 2023.
Delaware
Fully Legal- Recreational cannabis legalized in 2023.
- Hemp-derived CBD is legal for sale and purchase.
- Medical cannabis program established in 2011.
Florida
Medical Only- Medical cannabis legalized in 2016 (Amendment 2).
- One of the largest medical cannabis markets in the US.
- Hemp-derived CBD is legal and widely available in retail stores.
Georgia
Medical Only- Limited medical cannabis program (low-THC oil only).
- Hemp-derived CBD with ≤0.3% THC is legal.
- The state has a growing CBD retail market.
Hawaii
Medical Only- Medical cannabis legalized in 2000.
- Hemp-derived CBD is legal under the state hemp program.
- Recreational legalization efforts are ongoing.
Idaho
Restricted- One of the strictest CBD states — products must contain 0% THC.
- No medical cannabis program.
- Only CBD products derived from mature hemp stalks or seeds with zero THC are legal.
Illinois
Fully Legal- Recreational cannabis legalized in 2019 (first state via legislature).
- Hemp-derived CBD is fully legal.
- Chicago is a major CBD retail market.
Indiana
Restricted- Hemp-derived CBD with ≤0.3% THC is legal (SB 52, 2019).
- No medical or recreational cannabis program.
- CBD products must be tested and properly labeled.
Iowa
Medical Only- Limited medical cannabis program (requires patient card).
- Hemp-derived CBD is legal under the 2018 Farm Bill.
- Consumable CBD products face some state-level restrictions.
Kansas
Restricted- Hemp-derived CBD is legal with ≤0.3% THC.
- No medical or recreational cannabis program.
- CBD food products and supplements face regulatory uncertainty.
Kentucky
Medical Only- Major hemp cultivation state — one of the first to adopt the 2014 Farm Bill pilot.
- Medical cannabis legalized in 2023 (effective 2025).
- Hemp-derived CBD products are widely produced and sold.
Louisiana
Medical Only- Medical cannabis available through licensed pharmacies.
- Hemp-derived CBD is legal and widely sold.
- The state has expanded its medical program significantly since 2019.
Maine
Fully Legal- Recreational cannabis legal since 2016.
- Hemp-derived CBD is fully legal.
- CBD-infused food and beverages are permitted.
Maryland
Fully Legal- Recreational cannabis legalized in 2022.
- Hemp-derived CBD is legal and widely available.
- Strong medical cannabis program since 2014.
Massachusetts
Fully Legal- Recreational cannabis legal since 2016.
- Hemp-derived CBD is fully legal.
- One of the most established legal cannabis markets on the East Coast.
Michigan
Fully Legal- Recreational cannabis legalized in 2018.
- Hemp-derived CBD is legal with ≤0.3% THC.
- Large and growing cannabis and CBD market.
Minnesota
Fully Legal- Recreational cannabis legalized in 2023.
- Hemp-derived CBD and delta-8 edibles were legal even before full legalization.
- Progressive hemp and CBD regulatory framework.
Mississippi
Medical Only- Medical cannabis legalized in 2022.
- Hemp-derived CBD with ≤0.3% THC is legal.
- The medical program is still developing its retail infrastructure.
Missouri
Fully Legal- Recreational cannabis legalized in 2022 (Amendment 3).
- Hemp-derived CBD is legal and widely sold.
- Growing number of dispensaries across the state.
Montana
Fully Legal- Recreational cannabis legalized in 2020.
- Hemp-derived CBD is fully legal.
- Medical cannabis has been available since 2004.
Nebraska
Restricted- Hemp-derived CBD is legal with ≤0.3% THC.
- No medical or recreational cannabis program.
- CBD regulations are minimal but evolving.
Nevada
Fully Legal- Recreational cannabis legal since 2016.
- Las Vegas is a major cannabis tourism destination.
- Hemp-derived CBD is widely available and unregulated beyond THC limits.
New Hampshire
Medical Only- Medical cannabis available through Alternative Treatment Centers.
- Hemp-derived CBD is legal with ≤0.3% THC.
- Recreational cannabis decriminalized but not legalized.
New Jersey
Fully Legal- Recreational cannabis legalized in 2020.
- Hemp-derived CBD is legal and available retail.
- One of the fastest-growing legal markets on the East Coast.
New Mexico
Fully Legal- Recreational cannabis legalized in 2021.
- Hemp-derived CBD is fully legal.
- The state has a well-established medical cannabis program since 2007.
New York
Fully Legal- Recreational cannabis legalized in 2021 (MRTA).
- Hemp-derived CBD is widely available in shops and online.
- New York City is one of the largest CBD retail markets in the US.
North Carolina
Restricted- Hemp-derived CBD is legal with ≤0.3% THC.
- Very limited medical cannabis program (CBD-only for epilepsy).
- Broader medical cannabis legislation is under discussion.
North Dakota
Medical Only- Medical cannabis legalized in 2016.
- Hemp-derived CBD is legal.
- Small but regulated medical cannabis market.
Ohio
Fully Legal- Recreational cannabis legalized in 2023 (Issue 2).
- Hemp-derived CBD is legal and widely available.
- Medical cannabis program has been active since 2016.
Oklahoma
Medical Only- One of the most permissive medical cannabis programs in the US.
- Over 2,000 licensed dispensaries across the state.
- Hemp-derived CBD is legal with ≤0.3% THC.
Oregon
Fully Legal- Recreational cannabis legal since 2014.
- Pioneer in cannabis regulation and psilocybin therapy.
- Hemp-derived CBD is fully legal and widely available.
Pennsylvania
Medical Only- Medical cannabis legalized in 2016.
- Hemp-derived CBD with ≤0.3% THC is legal.
- Large medical cannabis patient base.
Rhode Island
Fully Legal- Recreational cannabis legalized in 2022.
- Hemp-derived CBD is fully legal.
- Medical cannabis has been available since 2006.
South Carolina
Restricted- Hemp-derived CBD is legal with ≤0.3% THC.
- No medical or recreational cannabis program.
- CBD products are available but face some regulatory gray areas.
South Dakota
Medical Only- Medical cannabis legalized in 2020.
- Hemp-derived CBD is legal under state hemp program.
- Recreational legalization attempt was overturned by courts.
Tennessee
Restricted- Hemp-derived CBD is legal with ≤0.3% THC.
- No comprehensive medical cannabis program (limited CBD-only law).
- Active hemp cultivation state.
Texas
Medical Only- Limited medical cannabis program (Compassionate Use Program).
- Hemp-derived CBD with ≤0.3% THC is legal under HB 1325.
- Massive retail CBD market — one of the largest in the US.
Utah
Medical Only- Medical cannabis legalized in 2018 (Prop 2).
- Hemp-derived CBD is legal with ≤0.3% THC.
- CBD products must be registered with the state.
Vermont
Fully Legal- Recreational cannabis legalized in 2018 (first state via legislature without ballot).
- Hemp-derived CBD is fully legal.
- Small but progressive cannabis and CBD market.
Virginia
Fully Legal- Recreational cannabis legalized in 2021.
- Hemp-derived CBD is legal and widely available.
- Retail sales framework is being developed.
Washington
Fully Legal- Recreational cannabis legal since 2012 (alongside Colorado).
- Mature regulated cannabis market.
- Hemp-derived CBD is fully legal and widely sold.
West Virginia
Medical Only- Medical cannabis legalized in 2017.
- Hemp-derived CBD is legal with ≤0.3% THC.
- Dispensary network is expanding across the state.
Wisconsin
Restricted- Hemp-derived CBD is legal with ≤0.3% THC.
- No comprehensive medical cannabis program (limited CBD-only law).
- CBD products are widely available despite regulatory ambiguity.
Wyoming
Restricted- Hemp-derived CBD is legal with ≤0.3% THC.
- No medical or recreational cannabis program.
- CBD market is small but products are available.
Traveling with CBD Across States
While hemp-derived CBD is federally legal, state laws vary significantly. Keep these tips in mind when traveling.
Always carry a Certificate of Analysis (CoA) showing your product contains less than 0.3% THC.
Avoid flying with CBD flower — TSA may flag it as it looks identical to marijuana.
Check the specific laws of your destination state, especially for edibles and beverages.
Keep products in original, clearly labeled packaging during travel.
FDA & CBD Regulation
The FDA has approved only one CBD medication — Epidiolex — for the treatment of severe epilepsy. The agency has not approved CBD as a dietary supplement or food additive.
Despite this, thousands of CBD products are sold across the US. The FDA primarily focuses enforcement on companies making unapproved health claims. In practice, most CBD wellness products are available without restriction in states that allow them.
Legal Disclaimer
This page is for informational purposes only and does not constitute legal advice. CBD regulations change frequently at both state and federal levels. Always verify current laws with official government sources before purchasing, selling, or traveling with CBD products.
Frequently Asked Questions
Is CBD legal in all 50 US states?
What is the federal THC limit for CBD products?
Can I buy CBD without a prescription in the USA?
Can I fly with CBD products within the US?
What is the difference between hemp-derived and marijuana-derived CBD?
Shop Lab-Tested CBD Products
All products we recommend are Farm Bill compliant and come with third-party lab certificates.
Browse Products