CBD products have become very popular in the U.S. lately and have plenty of potential health benefits. They are sourced from hemp, are available in full-spectrum & broad-spectrum forms, and contain zero to minimal THC concentration.
Here we will explore in detail the state laws that dictate the CBD legality by state as its legality in all 50 states of the U.S. remains a question.
However, please keep in mind that this article is for educational purposes only and should not be construed as legal advice.
Is CBD Legal in all U.S. States?
Presently, 47 of the 50 U.S. states including the District of Columbia have legalized the sale and use of hemp-made CBD products. However, some states have bans on what CBD products can be sold.
CBD Laws in South Carolina
The legal status of CBD in South Carolina depends on 3 important pieces of state legislation: SC S1035, SC H3559, and SC H3449.
Implemented in 2014, Senate Bill 1035 was South Carolina’s first piece of legislation that made allowances for marijuana’s medical use under some circumstances. Under this law:
- Medicinal use of some marijuana forms is legal – People with certain medical issues are allowed to use and possess cannabidiol or other forms of cannabis.
- Products must be aligned with THC and CBD content regulations – These products must contain more than 15% CBD and less than 0.9% THC.
Next in 2017, came the SC House Bill 3559. This legislation is about the creation of the state’s industrial hemp pilot program. This law:
- Established the definition of industrial hemp – Hemp is known as an agricultural crop.
- Legalizes research on industrial hemp – Universities are allowed to do research on the growth and cultivation of hemp products and industrial hemp.
- Requires testing of industrial hemp – To address concerns about marijuana being approved as industrial hemp, this bill created a framework for the testing of industrial hemp crops.
In 2019, House Bill 3449 further filtered the policies of the state around industrial hemp. This legislation:
- Established licensing requirements – The cultivation and processing of hemp in South Carolina is prohibited without a license. Separate licenses are needed for growing and processing. Corrective plans for growers who don’t follow license requirements were established.
- Expanded licensing opportunities – Current licensed hemp growers were allowed to expand operations, and the Department of Agriculture was allowed to issue new licenses.
Is CBD Legal in South Carolina?
Yes, CBD is legal in South Carolina on the condition that it is derived from hemp and doesn’t have more than 0.3% THC. It can’t be added to a food item or labeled as a health supplement.
CBD Laws in North Carolina
When SL 2015-299, or North Carolina’s Senate Bill 313, passed, the Hemp Pilot Program started, and the Industrial Hemp Commission got the authority to organize the right legislation surrounding hemp — everything from the fine-print rules of the state to the systems of licensing. Out of that 2015 Senate action came the below designations:
Hemp-derived CBD – Hemp-derived CBD is legit in North Carolina as long as the THC concentration is below 0.3%. If THC levels are above this limit, the hemp-sourced CBD is then stated by law as “marijuana”, which remains illegal in North Carolina.
Non-hemp CBD – CBD made from cannabis plants is illegal under state law, as cannabis-made CBD has more CBD than 0.3%, thus defining it as marijuana instead of a hemp product. Recreational consumption of marijuana is illegal currently in North Carolina as of October 2022.
CBD in food & medicine – According to the Federal Food and Drug Administration, CBD is a drug, and thus it is illegal all over the country to add any amount of CBD into foods. CBD cannot be included in medical or medicinal claims; it can’t be marketed as a supplement or for any treatment.
Is CBD Legal in North Carolina?
Hemp-made CBD is legal in North Carolina as long as the concentration of THC is below 0.3%. If THC levels exceed this level, the hemp-sourced CBD is then considered by law as “marijuana”, which remains illegal in North Carolina.
CBD Laws in Nebraska
As of 2019, the hemp activities of Nebraska operate under CBD Nebraska laws like Legislative Bill 657. As per the bill, the Nebraska Department of Agriculture regulates the hemp program of the state, which was initially set up in 2014.
The bill recognized hemp as a feasible agricultural crop and aimed at aligning established state laws with federal hemp laws, which were started by the U.S. government in 2018. The bill further aimed to:
- Establish commercial markets for hemp products
- Set testing and compliance procedures
- Continue research on hemp cultivation
- Enhance interstate commerce
The bill also directed that hemp handlers and processors must obtain a license through the Nebraska Department of Agriculture hemp regulations.
Licensing requirements for CBD in Nebraska say that applicants must not have any drug-related crimes within the last 10 years. They must also provide:
- FBI Identity History Summary Check
- Cultivator or Processor-Handler License Form
- Color map of the projected grow site and/or site number and location ID
- Payed fees
Under the Nebraska Uniform Controlled Substance Act, residents cannot keep any amount of marijuana-extracted CBD. Those who are found with over one ounce may be charged with a $300 fine and attend a compulsory drug education class.
With that said, there are no limits to possession when purchasing hemp-made CBD products in Nebraska, and there are no age restrictions. However, some establishments may ban the sale of hemp products to minors, according to individual discretion.
Is CBD legal in Nebraska?
Hemp-derived CBD is perfectly legit in the state of Nebraska, and there are no age restrictions. However, some establishments may ban the sale of hemp products to minors, according to individual discretion.
CBD Laws in Ohio
CBD products have been legal and available to buy throughout Ohio since the passage of a bill in 2019.
Following the federal Farm Act of 2018, which allowed CBD products throughout the country, the Ohio legislature passed Senate Bill 57, which decriminalized hemp in the state and made licensing avenues for its cultivation.
The Ohio Senate defines hemp as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, cannabinoids, extracts, acids, isomers, salts, and salts of isomers, whether growing or not, with a Delta-9 Tetrahydrocannabinol concentration of not greater than three-tenths percent on a dry weight basis.”
Under the new legislation, hemp and all products derived from it went from being considered a controlled substance to an agricultural one. The bill took care of CBD issues like:
- Marketing – The bill started an official hemp marketing program in Ohio.
- Licensing – Sec. 928.03. of the bill made the Ohio Department of Agriculture in charge of the regulation and licensing of cultivating and processing hemp.
- Possession – Anybody may “keep, buy, or sell hemp or a hemp product” without a license. All products for sale must be approved by the Department of Agriculture.
- Research – The Ohio universities can study the potential benefits and effects of CBD.
Is CBD legal in Ohio?
Ohio’s CBD status is still new. The state decriminalized hemp and its products only in 2019, several months after the federal government approved the 2018 Farm Bill, which decriminalized hemp all over the country.
In the 3 years that Ohio has had legal CBD, the Department of Agriculture has made routes for farmers to cultivate and process hemp-made products. Ohio has also made it legit to deal in hemp-derived products outside the medical marijuana dispensaries.
However, marijuana-made CBD products (having more than 0.3% THC) are illegal to buy in Ohio unless you have a medical marijuana card.
CBD Laws in Florida
CBD products have been legit in Florida since 2019 under distribution regulations stated in rule 5B-57.01 F.A.C. and rule 581.217(7), F.S.
Rule 5B-57.01 F.A.C. regulates distribution and cultivation and signifies the following:
Cultivation limits – Only producers are allowed to grow hemp on marked lots with an approval (license) from the FDACS. Specific rules for harvesting are outlined by FDACS. Home growing is not allowed. However, one loophole in the rule allows a small number of registered nurseries in residential areas.
Testing regulations – Producers must be aligned with the FDACS, which sends representatives to get samples within 2 weeks before harvest to test for THC concentrations.
Interstate movement guidelines – All transport cannabis must have a Certificate of Analysis indicating the content of THC and a bill of sale that indicates consignor, shipper, plant descriptions, and physical addresses. Additional needs apply to live plants and nursery stock. This protocol includes the hemp products that are shipped through the postal service.
581.217(7), F.S. says that CBD and other cannabinoids made from the hemp plant can be sold and distributed legally in Florida if the product meets the following criteria:
Personal Possession – Customers are not required to have a permit or license for the possession of hemp.
Age requirements – As of 2020, anyone over 18 years of age may buy or consume hemp products that meet the requirements for application or consumption. For CBD inhalants, consumers must be 21 years of age or older.
Retail Permits – Any manufacturers and establishments that make or sell pre-packaged food having CBD or hemp extract for consumption must get a Hemp Food Establishment Permit from the Department of Agriculture and Consumer Services, Division of Food Safety. Unlicensed vendors and street sales are not allowed.
Label requirements – CBD product labels must note that the product is lab-tested and does not contain more than 0.3% THC and dangerous contaminants. If the CBD is mixed with dairy products, they must be labeled as Substitute Milk Products or Substitute Milk.
Package requirements – Packaging of hemp products must have a scannable barcode or link to a COA completed by a lab, a website address to get more product information, a batch number, an expiration date, milligrams of hemp extract, and confirmation that the product doesn’t contain more than 0.3% THC. Consumers are not required to keep the original packaging.
Inhalant regulations – While the sale of hemp vape products and CBD are allowed and vaping or smoking hemp is not illegal, a 2020 amendment limits the sale of hemp extract intended for inhalation to those who are over 21 years of age.
Is CBD legal in Florida?
The 2018 Agricultural Improvement Act (Farm Bill), prompted the state of Florida to legalize cannabis in 2019. Senate Bill 1020, also titled the “State Hemp Program” started on July 1, 2019, and differentiated hemp as an agricultural product.
Subject to the federal stipulation of a cannabis Sativa commodity with 0.3% or less THC, the senate bill removed industrial hemp or hemp from its criminal definition of cannabis. In 2019 smokable marijuana without regulated THC was also made legit for certified patients.
In the same year, House Bill 7107 rescheduled drug products approved by the U.S. Food and Drug Administration that have cannabidiol and less than 1% THC from Schedule 1 to Schedule 5 drugs, a low class reserved for prescribed medicines.
CBD Laws in Idaho
In 2018, the U.S. Agricultural Act, or the U.S. Farm Bill was signed into law, allowing the commercial cultivation and use of hemp-made, low-THC at the federal level. To align with federal guidelines, the amount of THC in CBD must not be over 0.3%.
However, this doesn’t apply to Idaho. This state has yet to pass legislation in response to all aspects of the Farm Bill. This is not legal in the potato capital of the U.S:
Concentration – The Idaho Office of Drug Policy states explicitly that only CBD products that do not have THC content will be legal in the state. Any cannabidiol that has THC, even in low amounts is deemed a Schedule I controlled substance under Idaho Code §37-2705. The only exception to this is the patients who are given a prescription for the medical-grade, FDA-approved drug Epidiolex under Idaho’s Expanded Access Program (EAP).
Material – THC-free CBD must be extracted from one of five identified components of the cannabis plant: mature stalks, fiber made from the stalks, cake or oil made from achene seeds of the plant, derivatives of the sterilized seeds, and mature stalk.
Production – In 2021, House Bill 126 was signed into law, allowing the handling and production of industrial hemp in Idaho. CBD that is in alignment with the 2018 Farm Bill may also be sent through Idaho’s state lines.
Labeling – As per the 2018 Farm Bill, the FDA (Food and Drug Administration) takes care of the marketing of CBD products, which cannot be sold as a dietary supplement, mixed with food and beverages, or make therapeutic claims on its packaging. In Idaho, CBD must be labeled as THC-free.
Pet CBD – As of November 1, 2022, the sale of CBD commodities for pets is illegal in Idaho.
Is CBD legal in Idaho?
Currently, only THC-free CBD is legit in Idaho. Unlike its western neighbors, Idaho has the strictest cannabis rules in the country: The only CBD that’s legal in the county is hemp-made CBD isolate — or CBD that has been stripped of THC completely. Nevertheless, Idahoans can relish the purest CBD and its potential benefits.
CBD Laws in Oklahoma
The CBD laws in Oklahoma that passed in 2018 are called HB 2913, but it’s also called the Oklahoma Agricultural Industrial Hemp Pilot Program (OAIHPP). This legislation allowed industrial hemp, which is defined as any cannabis plant that has less than 0.3% THC. Any cannabis plant that has more than this amount is considered marijuana.
At this time, only colleges and universities that provided plant sciences curricula could apply for a license to cultivate industrial hemp for research tasks. But all that changed in 2019 with the emergence of SB 868. It laid down guidelines for the Oklahoma Industrial Hemp Program, which aligned with the 2018 Farm Bill.
In 2021, the Oklahoma Department of Agriculture, Food and Forestry (ODAFF) established the Oklahoma State Hemp Plan, which highlighted ODAFF’s role in the production and regulation of hemp in Oklahoma. For example, it says that ODAFF holds the authority to:
- Collect, maintain, and provide contact info of the producers of hemp in the state.
- Report a list of authorized producers to the USDA.
- Take hemp samples before harvest to ensure legal THC potency and quality.
- Have full access to all cannabis facilities and crops during business hours.
- Obtain information regarding the plot of land where the hemp will be cultivated.
To the last point, ODAFF requires that all cultivators provide the following:
- Name & address.
- Legal description of the land with GPS coordinates and a map of the land.
- A statement that the hemp will be used for CBD
Once acquired, licenses will be valid for one year. The plan also says that all licensees must be 18 years or older. If the government identifies industrial hemp crops that are being grown without a license, the plants will be destroyed.
When purchasing hemp products in Oklahoma state, there are no possession limits. However, you must be 18 years of age or older to buy hemp CBD. Minors can only purchase CBD after a doctor’s approval.
When buying CBD, be careful that Oklahoma doesn’t give rules around product labels. However, you should check for a batch number, business information, ingredients list, and product description.
Is CBD legal in Oklahoma?
In 1833, Oklahoma banned cannabis all over the state. It wasn’t until 2015 that new cannabis rules emerged.
That bill allowed healthcare providers to recommend hemp-made CBD oil to patients with brain issues. In 2016, patients were allowed to use CBD oil in Oklahoma for stomach issues.
As of 2018, hemp-based CBD is legit in Oklahoma. Medical marijuana was also decriminalized in 2018, allowing the possession and sale of marijuana-extracted CBD for medical patients. In 2021, additional corrections were made to medical marijuana laws.
CBD Laws in Wisconsin
Before we go into Wisconsin CBD oil laws, let’s discuss two important terms:
- Industrial hemp is a product extracted from the Cannabis sativa plant. Hemp has mostly CBD, but it can only have 0.3% or less THC, the psychoactive component of cannabis.
- Marijuana is also a Cannabis sativa-made product, but it has more than 0.3% THC content.
There are a few crucial things to note about cannabis laws in the state of Wisconsin:
Wisconsin remains one of the few regions with no recreational or medical provisions for legal marijuana harvesting, cultivation, sale, consumption, or possession.
The only Wisconsinites legally allowed to possess, grow, and consume kratom must get a prescription from a doctor to treat a state-qualifying issue such as a seizure.
However, the law states that the marijuana prescribed must be “in a form without a psychoactive effect” commonly called a “low THC law,” Wisconsin’s regulation doesn’t specify the legal limit for THC concentration.
In 2017, Wisconsin passed a bill updated by the US Farm Bill in 2018) that made a pilot program for industrial hemp. Products made from industrial hemp are legal to harvest, cultivate, sell, buy, possess, and consume in Wisconsin.
All that said, some important laws inform the regulation of CBD in Wisconsin:
- US Agricultural Act of 2014 – The “2014 Farm Bill” was a federal law that granted states the authority to undertake industrial hemp pilot programs. While CBD remained a Schedule I controlled substance in the United States despite the bill’s passage, this regulation made way for the forthcoming 2018 Farm Bill to change the scene of CBD legality by state throughout the US.
- 2017 Wisconsin Act 100 – In 2017, Wisconsin started its industrial hemp pilot program, under the US Agricultural Act of 2014. The state authorized the cultivation of industrial hemp for research tasks, but a loophole allowed CBD’s sale in Wisconsin.
- 2017 Wisconsin Act 4 – The same year that the state passed its Farm Bill, it also passed its “low THC law.” The law remains the closest rule that Wisconsinites have to medical marijuana decriminalization. But, the products suggested must not be psychoactive.
- 2018 Farm Bill – According to this bill administered by the USDA (US Department of Agriculture), it is now legal for the residents of Wisconsinites to grow, harvest, purchase, sell, possess, and ingest industrial hemp products. A crucial CBD oil Wisconsin law, the 2018 Farm Bill made CBD oil legal in Wisconsin for anyone of any age.
When the 2018 US Farm Bill passed, the US government removed CBD from the list of Schedule I substances, making it legal to buy and keep throughout the nation. But, CBD products must be made from industrial hemp and have 0.3% THC or less.
Is CBD legal in Wisconsin?
Yes. After the U.S. approved the Agricultural Act of 2018 (the U.S. Farm Bill), Wisconsin amended the laws surrounding its authentic industrial hemp pilot program to show federal law.
So, if you’re a resident of or visiting Wisconsin, it’s legal to:
- Grow, harvest, process, sell, buy, keep, and use industrial hemp products.
- Buy CBD extracted from industrial hemp in person online or at a dispensary.
- Sell CBD products as long as you have a state license to do that.
CBD Laws in Georgia
CBD products are legal and available to buy in Georgia. All hemp-made products became legal for sale after the passage of the Georgia Hemp Farming Act in 2019.
As hemp-made products gained a place in Georgia marketplaces, this legislation created pathways for:
Research – Georgia aims to become a national leader in hemp production and cultivation and has allowed universities to conduct testing on CBD oils and other hemp-made products.
Exploration – The state sees hemp as a future market and has created pathways for farmers to process and cultivate hemp for commercial work. The state hopes that it will “create new markets for businesses and farmers through the sale of hemp products.”
Licenses – It is needed to get a license to cultivate, handle, or process hemp in Georgia.
Testing – The Georgia Department of Agriculture is allowed to collect and test samples of hemp randomly from the greenhouses and fields of all licensees.
Is CBD legal in Georgia?
When the federal Farm Bill removed hemp from the Controlled Substances Act in 2018, Georgia did the same with the Georgia Hemp Farming Act in 2019.
As hemp’s status changed from a controlled substance to an agricultural product, the Georgia Department of Agriculture took authority and oversight of the crop.
As per the Hemp Farming Act, hemp is “the Cannabis sativa L. plant and any part of such plant, including the seeds thereof and all extracts, derivatives, isomers, cannabinoids, salts, acids, and salts of isomers, whether growing or not, with the federally defined level of THC for hemp or a lower level.” And that federally defined level is 0.3%.
While it is allowed to sell hemp-made products with less than 0.3% THC content, food products made with any level of THC are not legal in Georgia unless they are approved by the U.S. FDA (Food and Drug Administration), due to directions in the Farm Bill.
It is illegal to buy marijuana-made CBD products without a medical marijuana card in Georgia.
CBD Laws in Texas
Just after the Farm bill was passed to legalize CBD, Texas signed House Bill 1325, approving the following:
Summation – Under CBD Texas and federal laws, “hemp” has been removed from the controlled substances list. Because of this, the manufacture, production, inspection, and retail sale of hemp products in Texas are legal. This includes CBD oil and other edible components of the plant.
Testing regulations – Marijuana and hemp are extracted from the cannabis plant and have CBD. However, hemp has 0.3% or less of THC (tetrahydrocannabinol), the compound associated with inducing a “high”. Under House Bill 1325, any hemp-related product must be tested for its THC levels and have 0.3% or less to be considered legit and therefore given the green signal to sell and use.
Testing needed – According to Sec. 443.151. of the Texas Health & Safety Code, a plant’s sample must be tested to assess the total concentration of cannabinoids. The sample will also be tested to assess the amount of pesticides and heavy metals it contains and the amount of residual solvents and harmful microorganisms used in processing.
In addition to House Bill 1325, other guidelines state additional CBD oil Texas legality conditions: You can use CBD oil and take food-based CBD products bought in Texas.
So can you fly with CBD oil in Texas or travel with it across borders? Yes. Hemp-made CBD is approved by the TSA.
However, if you are travelling internationally or going to a state where CBD isn’t legal yet, you will have to check with the CBD laws by state of your destination.
Additionally, any CBD product that has more than 0.3% THC content is considered a controlled substance and is therefore not allowed to be bought, used, or traveled with.
The only hemp product that is banned for use and sale is one intended for smoking, according to Sec.443.204. Of the Texas Health and Safety Code.
Is CBD legal in Texas?
Yes, CBD is legal in Texas, but it was not always like that. Until the 2018 Farm Bill was passed, CBD products were not allowed to be manufactured, produced, used, or sold in Texas.
Once the bill was enacted, hemp and hemp seeds were removed from the Drug Enforcement Administration’s controlled substance list. It means that CBD products such as topicals, oils, and edibles would become legal in the U.S.
It was then up to each state to make its own procedure regarding how it aimed to administer its hemp program.
Texas created House Bill 1325, which established more defined laws concerning the manufacturing, production, and retail sale of hemp-related commodities.
After the bill was enacted in June 2019, CBD became legal officially, so long as the products contain less than 0.3% THC concentration.
The bill also stated that the Texas Department of Agriculture should work with the Department of State and Health Services to adjust and create the hemp rules and regulations in the future as needed.
The Bottom Line
The subject of CBD isn’t straightforward, with state and federal laws often changing and evolving. It’s the responsibility of the users to stay informed of their CBD regulations by state. Here at Finexwell we will make sure that you stay informed, safe, and always put knowledge first.
FAQs About The Legal Status Of CBD
Is CBD Legal in All 50 States?
No CBD is not legal in all 50 states of the U.S. even if it is sourced from hemp as all states have their own Controlled Substances Acts (CSA) which reflect the federal CSA and the federal CSA and the Farm Bill allowed the states to regulate as they want.
Is CBD Legal in the United States?
It depends on the state in which you live, as different states have different rules. While hemp-based CBD is legal at a federal level, some states/regions consider possessing or using any cannabis product illegal.
What percentage of THC is allowed in CBD?
In most states, CBD products don’t contain more than 0.3% THC. However, there are exceptions in some states, so make sure to check with your local legislature before buying any CBD products.
Is CBD federally legal?
At the federal level, CBD extracted from cannabis is considered a Schedule 1 substance and is illegal. But CBD made from a hemp source containing less than 0.3% THC by weight is not illegal as hemp is not a controlled substance.
Are CBD gummies legal?
Yes, CBD gummies are legal in many regions, but legality varies by jurisdiction, so it’s crucial to check local laws.
Is CBD illegal in some states?
Some states allow marijuana-based CBD without medical exemption while other states need a medical exemption. Nebraska, Idaho, and South Dakota are the only states where marijuana-made CBD is illegal.
Can you Get CBD online legally?
Yes CBD can be bought both offline and online and a prescription is not needed for its purchase. This is both an advantage and a disadvantage. Although the convenience of buying CBD online is great, the responsibility of buying the right product is on the consumer.
Is CBD oil legal?
Yes CBD oil is legal if it is extracted from the leaves of a cannabis plant and doesn’t have more than 0.3% of Tetrahydrocannabinol (THC).
Can I ship CBD products?
Yes, it’s legal to ship hemp-made CBD products that have less than 0.3% THC, and USPS, FedEx, UPS, and DHL accept CBD shipments.
You and your suppliers must test your products for THC content and be able to give proof that your CBD products are legal for shipping under federal law.
How Old Do You Have To Be To Buy CBD?
Generally, you have to be 18 years or older to buy CBD while in some cases, you have to be 21.