Is CBD Oil Legal In All 50 States?

Aug 9, 2020 | CBD Oil, CBD Products

Ever since the market boomed in 2018, CBD has gone from sporadically being available to being everywhere you look lately. The rise of CBD does not appear to be slowing down anytime soon. In fact, the Brightfield Group, a CBD and cannabis consumer data and market research company, estimates that the CBD industry’s value will reach $22 billion by 2022! That being said, there is still a major issue plaguing CBD use in the United States: its legality.

To understand CBD’s legal status in every state, you need to first know what it is.


CBD — short for cannabidiol — is one of the 100+ primary active compounds (or cannabinoids) naturally found in all varieties of Cannabis Sativa L. plants such as marijuana and hemp. CBD and THC (delta-9 tetrahydrocannabinol) are two of the most well-known cannabinoids. While THC is famed for its psychoactive effects or “high,” CBD is non-psychoactive (in other words, it can’t get you high).

Several clinical trials and studies have shown that CBD can be a potential natural treatment for multiple health issues*, including:

  • Several skin conditions such as acne, eczema, psoriasis, etc.
  • Anxiety and stress.
  • Chronic pain: migraine, arthritis, nerve-related aches, and more.
  • Sleep disorders like sleep apnea and insomnia.
  • High blood pressure and related problems like heart attack, stroke, or metabolic syndrome.
  • Neurodegenerative diseases like Alzheimer’s, Parkinson’s disease, multiple sclerosis, seizure activities, epilepsy, and more.

Its purported medicinal benefits have made CBD one of the hottest products in recent years, and new brands have been popping up in pharmacy store aisles around the States — maybe even in your local CVS Pharmacy or Walgreens.

* CBD’s long-term health effects are not yet fully known, as CBD research is still a relatively new concept. That being said, research specifically on CBD oil has not identified any adverse side effects so far. We advise you to talk to a trusted medical professional before using CBD, especially if you are following a prescribed treatment plan. Why? — because CBD could interfere with your body’s ability to metabolize other medications or dietary supplements you are taking. You may also want to research your state laws regarding the use of cannabis products.


In 2018, the United States Congress passed the Farm Bill that legalized the cultivation, production, sale, and possession of a lot of CBD, but not all of it. While hemp-derived CBD is legal in all 50 states, marijuana-derived CBD is not legal federally. Hemp is legally defined as any plant of the cannabis family with a THC concentration of less than 0.3 percent on a dry weight basis; therefore, hemp-derived CBD does not cause the “high” commonly associated with cannabis. On the other hand, marijuana plants have a THC concentration that is significantly higher than 0.3% and are thus classified as a Schedule I drug under the Controlled Substances Act. Because of this classification, marijuana-derived CBD is only legal for medical or recreational uses in a handful of states.

To know if your product is sourced from hemp and not marijuana, you will need to ask your CBD supplier for lab test results.


Thanks to the 2018 Farm Bill, hemp-derived CBD is federally allowed in all 50 states, and licensed companies are allowed to commercially distribute CBD products across state lines. But don’t automatically assume you are in the clear when it comes to CBD. States can still pass their own regulations to ban hemp and CBD.

Here is an overview of the legal status of CBD in each state.

Where is CBD legal?

Currently, 47 of the 50 states, as well as the District of Columbia, have legalized the sale and use of hemp-derived CBD products. Those states include:cannabis plant

  • Alabama
  • Alaska
  • Arizona
  • Arkansas
  • California
  • Colorado
  • Connecticut
  • District of Columbia
  • Delaware
  • Florida
  • Georgia
  • Hawaii
  • Illinois
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Louisiana
  • Maine
  • Massachusetts
  • Maryland
  • Michigan
  • Minnesota
  • Mississippi
  • Missouri
  • Montana
  • Nevada
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • Tennessee
  • Texas
  • Utah
  • Vermont
  • Virginia
  • Washington
  • West Virginia
  • Wisconsin
  • Wyoming

In addition, eleven States, as well as the District of Columbia, have legalized the sale and use of CBD sourced from both hemp and marijuana under the state’s recreational cannabis laws. These include:

  • Alaska
  • California
  • Colorado
  • Maine
  • Massachusetts
  • Michigan
  • Oregon
  • Vermont
  • Washington
  • Washington DC

Where is CBD illegal?

Idaho, Nebraska, and South Dakota are the only three states with laws prohibiting the sale and use of all forms of cannabis.


From a genetic standpoint, CBD is the same, whether it is sourced from hemp or marijuana. However, when it comes to the product’s legal status in a given state, the source of your CBD can make all the difference. If you are interested in using CBD for your health and wellness, you should know where your CBD products are sourced from.

We, at New Age Hemp, are Arkansas’s first and most premium hemp processor and wholesale supplier. We offer complete transparency by conducting third party testing on every single batch we process and making those test results available to you. We use an independent, 3rd party lab, currently Steep Hill, to test to measure total THC per batch to scientifically validate the products’ quality ingredients and contents. When you shop with us, you can be sure that what you are getting is pure and has no more than 0.3% THC. Head over to the main page of New Age Hemp’s blog for more insights and news on CBD or check out our online storefront for all your CBD needs!



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