CBD legal map 2024

More and more states are legalizing medical or recreational marijuana, but the laws differ from one to another. Hemp, marijuana, and CBD legislation is in a constant state of change. Cannabis legislation in the United States is undergoing a significant sea change. Adults in eleven states may now use and possess recreational marijuana under certain circumstances. Over half of the states in America have comprehensive medical marijuana programs, and 11 states now have laws permitting recreational cannabis use. CBD is legal on the federal level. In December 2018, CBD became legal after a long battle to legalize hemp and all its byproducts, such as CBD. But don’t assume you’re free and clear of restrictions just because CBD is now legal. States have the authority to impose their own restrictions on hemp and CBD. It might be tough to keep track of the status of CBD in your state, given all of the varying legislation and rules. In this article, we’ll give a quick rundown of cannabis laws in the United States, as well as a state-by-state analysis of current CBD legislation in each state. CBD’s legality, however, can also be determined by how it was manufactured and what it is intended to accomplish. The majority of CBD products are derived from hemp, which is legal in most states. However, marijuana-based CBD products are still illegal in many areas. CBD is now legal in all 50 states, according to federal law. At first sight, it appears to be straightforward enough, but the legality of CBD in your state may be a little more convoluted. It’s determined by which state you reside in and whether your CBD product was produced from industrial hemp or marijuana. Hemp is the most common ingredient in CBD products, but they may also be produced from cannabis, which contains THC. Marijuana is only legal in 10 states and Washington, D.C., for recreational use. You must be cautious about where your CBD products come from unless you reside in one of those states, as you risk breaking the law. In this article, we’ve summarized the current CBD legislation across the United States. But first, we’ll take a look at how CBD laws have evolved in the United States.

A brief history of legislation relating to CBD in the United States

Hemp was not illegal in the United States until 1937, when a bill sponsored by food and beverage magnate Thomas J. Welch, Sr., became law. Hemp and marijuana were once legal; many early American farmers cultivated it, and not all of them were using it to get high. Industrial hemp has a wide range of uses as an agricultural commodity. Cannabis is cultivated for use as a recreational drug and has been used in the manufacture of medicines since antiquity. In recent years, hemp has emerged as an attractive crop due to its long list of benefits. Cannabis can be grown from seed and fiber, with applications in the cosmetics, textiles, paper, and construction industries.

1937: The criminalization of cannabis begins.

Hemp and marijuana are two varieties of the same plant, Cannabis Sativa, so they were lumped together under the Marijuana Tax Act of 1937. The legislation was primarily aimed at curbing marijuana use for fun, but it also levied hefty fines on growers who produced cannabis and hemp for non-commercial purposes. As a outcome, farmers grew out of hemp farming as well, and the general association (and misconception) of all cannabis with marijuana proliferated. The problem was not just that hemp’s business viability was stopped in its tracks, but also that it is a significantly different cannabis from a drug standpoint. One key psychoactive ingredient in marijuana, called tetrahydrocannabinol, or THC, evokes the distinctive “stoned” sensation. Marijuana contains 15% to 40% of THC. Hemp contains far less than 0.3 percent THC, whereas marijuana has a higher percentage of THC (about 13%). CBD, or cannabidiol, is the main component in hemp goods and does not have any psychoactive effects. In fact, CBD may even counteract the psychotropic effects of THC.

1970: Cannabis is classified as a Schedule I narcotic by the federal government.

Hemp was classified with marijuana, regardless of its difference in quantity and quality. THC and CBD, on the other hand, were still grouped together. When the federal government passed the Controlled Substances Act in 1970, hemp was listed alongside marijuana as a Schedule I substance—the same category as far more dangerous drugs like heroin. In the 1990s, a few governments began pushing for hemp legalization. Several states passed legislation to allow hemp cultivation, but because of the federal ban and media exposure as a Schedule I narcotic, industrial hemp farming had trouble taking off.

2014: The Farming Bill is signed into law by Congress.

Hemp was reclassified as a Schedule I drug in 1970 and remained so until 2014, when it was removed from the Controlled Substances Act. It wasn’t until 2014 that hemp enjoyed some legalization once again, as part of the 2014 Farm Bill. The 1976 Hemp Tax Act defined industrial hemp as Cannabis Sativa with 0.3 percent or less of THC. It authorized state agriculture departments and higher education institutions to grow hemp for agricultural or academic research. It also allowed farmers interested in growing hemp to obtain USDA and FDA accreditation, opening the door for further regulation. Hemp farming began to take off rapidly. Hemp products in the United States generated around $700 million in sales last year, according to June 2018 estimates. Even more exciting, hemp’s potential for a biofuel or animal feed is being explored by researchers.

2018: CBD derived from hemp is lawful in the United States.

The Hemp Farming Act, which became law in December 2018, was the result of these state experiment programs. The Farm Bill, formally known as the Agriculture Improvement Act of 2018, was added to in December 2018. The Hemp Farming Act of 2018 ( HR 5038 ) changed hemp from a Schedule I drug to an agricultural commodity and removed it from the Controlled Substances Act, allowing CBD to be sold across state lines.

How does the federal farm bill affect state legislation?

However, the 2018 Farm Bill also allows states to regulate hemp production, allowing them to restrict it as well. Idaho, Nebraska, and South Dakota are among the three states in which CBD oil products are still somewhat unlawful; nevertheless, they have used this right.

Depending on your intended usage for the CBD and where it was obtained, your state’s legislation may be different. If you reside in Washington, D.C., or one of the eleven states that have legalized marijuana for recreational use, you’ll have the fewest restrictions. CBD will be legal in your state whether it comes from hemp or marijuana, and it will also be lawful at the state level. Medical marijuana is now legal in over 30 states. Medical CBD obtained from cannabis may be restricted in certain areas, however. Typically, it’s only allowed when the patient has a qualifying condition, and it’s only permitted for intractable epilepsynIn a number of states, it’s simply not available.

What Are the Legal Limits for CBD in Your State?

The legal position of CBD in each state, as of January 2020, is shown below. We go through each state’s regulations in detail below, including any restrictions on the approved medical use cases for CBD.

Alabama

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

According to a public notice from the State Attorney General, hemp-derived CBD is now permitted in Alabama, following the passage of the 2018 Farm Bill. CBD obtained from marijuana is allowed for treating severe seizures under Carly’s Law (2014), and it may be possessed by parents and legal guardians of these parents (Leni’s Law 2016).

Possession of marijuana for personal use, on the other hand, is a Class A misdemeanor in Alabama because recreational cannabis is not permitted.

Alaska

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: LEGAL

In Alaska, marijuana has been decriminalized for both medical and recreational purposes. However, Alaska hasn’t yet implemented their industrial hemp pilot program (Senate Bill 6), so any CBD products could be in violation of state law—though it’s not being enforced, according to Senator McConnell.

Arizona

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: UNCLEAR
Marijuana-sourced CBD for recreational use: ILLEGAL

Arizona’s medical marijuana law (Proposition 203, 2010) has been implemented. However, the courts have interpreted the legislation to exclude cannabis extracts and CBD because Arizona state statute still defines cannabis as distinct from marijuana.

Because of this, people who have been lawfully permitted to utilize cannabis and who have accidentally purchased CBD have been arrested for criminal possession of a drug. Courts are split on the issue as cases like this make their way through the legal system. The legal status of marijuana-derived CBD for medical users in Arizona is unresolved until these reach the State Supreme Court.

Arkansas

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

Arkansas legalized medical marijuana in 2016, resulting in strict rules for the labeling of THC and CBD medicines for medical usage. It established an industrial hemp pilot project a year later (Arkansas Industrial Hemp Act, 2017).

California

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: LEGAL

Marijuana has been legalized in California for both medical and recreational purposes (Senate Bill 420, 2003, and California Food and Agriculture Code, Division 24, 2016). This indicates that CBD goods, whether produced from hemp or marijuana, are lawful in California—with one exception. The California Department of Health prohibits CBD being added to food (including pet food) until it has been determined safe by the FDA, either as a safe food ingredient, additive, or dietary supplement.

Colorado

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: LEGAL

In Colorado, marijuana has been decriminalized for both medical and recreational purposes (Colorado Constitution, Article XVIII, Section 14, 2000). Furthermore, there is a lot of pro-hemp legislation in Colorado that attempts to define the legal parameters of hemp and marijuana separately. The sale and distribution of hemp are not covered by Colorado’s industrial hemp pilot program, which only covers agricultural production.

Connecticut

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

Connecticut legalized medical marijuana with HB 5389 in 2012. In 2015, it passed HB 5780, which allowed the cultivation of industrial hemp. However, recreational marijuana is still prohibited in Connecticut—either by fines for possessing less than 0.5 oz or a Class A Misdemeanor for possession of more than 0.5 oz.

Delaware

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

Cannabis is legal in Delaware, although only for a few illnesses (Delaware Medical Marijuana Act, 2011). Patients and their caregivers can acquire an ID card to possess up to 6 ounces. CBD oil derived from marijuana was legalized under Rylie’s Law (SB 90), which became law in 2015. However, marijuana (and all items made from it) is still a criminal offense under state law. The state also runs an industrial hemp pilot program.

Florida

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

As of January 1, 2017, medical marijuana became legal in Florida under Article X Section 29 of the Florida Constitution. CBD products derived from cannabis and intended for medical use in Florida are also lawful, provided that certain requirements are met. Section 381.986 of the Florida Statutes defines low-THC cannabis products as those containing 0.8 percent or less THC and more than 10 percent CBD. Qualifying medical conditions can be treated with these medications. However, medical marijuana is unlawful in the state of Florida and is classified as a misdemeanor or felony depending on the amount possessed. In 2017, Florida began its industrial hemp pilot program.

Georgia

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

The Georgia House Bill 885, also known as the Haleigh’s Hope Act, was signed into law in 2015. It allows patients to use marijuana-based CBD to alleviate medical issues under the Haleigh’s Hope Act. The CBD oil must be less than 5 percent THC and equal to or greater than the THC content. Cannabis can only be distributed to patients with valid medical need under a doctor’s supervision if they have an approved list of ailments, including end-stage cancer, ALS (Lou Gehrig’s disease), seizure disorders, multiple sclerosis, Crohn’s disease, mitochondrial disease, Parkinson’s disease, and sickle cell disease. The cannabis laws in Georgia are going through a significant transformation right now. Personal use and possession of marijuana was decriminalized in 2017 by a court ruling, but the sale, distribution, and production of marijuana are still prohibited (as they were before).

Hawaii

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

Hawaii has a hemp pilot program and has authorized medical marijuana since 200 (SB 862). Recreational marijuana, on the other hand, is still prohibited in the state.

Idaho

Hemp-sourced CBD: ILLEGAL
Marijuana-sourced CBD for medical use only: ILLEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

Unfortunately, despite the 2018 Farm Bill legalizing industrial hemp on a federal level, Idaho is one of three states that has restrictions on all types of cannabis. The only exception is for children with severe forms of epilepsy—but even they are only allowed to use Epidiolex (a FDA-approved medication containing CBD), not CBD oil itself.

In accordance with Section 37-2701 of the Idaho Code, marijuana is defined as “all parts of the plant of the genus Cannabis, regardless of species.” CBD is illegal in Idaho because it is classified as a Schedule I narcotic. The legality of CBD in Idaho is incredibly unclear, making everyday life a lot more difficult for those who use it illegally. As a result, the state’s attorneys general have opined that CBD may be considered legal in Idaho if it satisfies specific policy standards.

Illinois

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: LEGAL

Illinois’ Compassionate Use of Medical Cannabis Pilot Program Act was signed into law in 2013. The state has an industrial hemp pilot program as well as a medical cannabis pilot program. In 2018, the state passed legislation that officially legalized CBD oil with 0.3 percent THC or less (SB 2772). Before January 2020, Illinois’ marijuana laws were more permissive than those in other states (possession of 10 grams was merely a Civil Infraction). In May 2019, the Illinois House of Representatives passed the Cannabis Regulation and Tax Act (Illinois House Bill 1438), which became law on June 30th. Illinois became the first state in the United States to legalize recreational marijuana sales and possessions by an act of its legislature rather than a voter initiative with the passage of HB1438. It also made Illinois the eleventh state to allow recreational cannabis on January 1, 2020 as a result. All types of CBD are now lawful in the state as a consequence.

Indiana

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: ILLEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

In Indiana, the use of medical marijuana is not permitted. The usage of medical CBD to cure epilepsy is legal under HB 1148. In 2016, Indiana began its industrial hemp pilot program. In 2018, Senate Bill 52 was passed, extending the legal protections offered by state law to CBD in particular, allowing for the selling and consumption of CBD products with 0.3% THC or less.

Iowa

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

Iowa does not have an industrial hemp pilot program or a medical marijuana initiative. Iowa law forbids the use of recreational marijuana.

However, a medical CBD program is now in the works (Medical Cannabidiol Act, 2018). End-stage cancer, chemotherapy-induced nausea, seizures, Crohn’s disease, untreatable pain, multiple sclerosis, AIDS or HIV are among the current list of qualifying medical conditions. In order for a product to be called CBD, it must have 3% or less THC.

Kansas

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: ILLEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

In Kansas, neither medical nor recreational marijuana has been legalized. However, in 2018, the state revised its drug laws to allow CBD products produced from hemp that contain 0% THC (SB 282). In addition, the state launched an industrial hemp pilot program in 2018. If a CBD product sourced from marijuana has a lot of THC, it is still prohibited by Kansas law.

Kentucky

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: ILLEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

The Clara Madeline Gilliam Act (SB 124), which was signed into law in 2014, allows CBD to be used by medical professionals at state research hospitals, colleges and universities, or in clinical studies. Although hemp-derived cannabinoids are legal in Kentucky, high amounts of THC make them unlawful unless they are covered by SB 124. In 2016, the state launched its industrial hemp pilot program.

Louisiana

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

Louisiana passed a law allowing medical marijuana in 2017 (SB 261), but it is still prohibited for recreational purposes. There are no specific regulations in place for CBD in the state, and there is no industrial hemp pilot program.

Maine

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: LEGAL

In Maine, both medical and recreational marijuana use have been legalized. In Maine, as early as 1999, medicinal cannabis was lawful. The Maine Medical Marijuana Act of 2009 made it official for the first time. Commercial hemp farming has been legal in Maine since 2015 (Maine Revised Statutes 2231). The next year, Maine voters backed the legalization of recreational marijuana. In Maine, CBD products are legal regardless of intended use or cannabis source.

Maryland

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

The Maryland Medical Cannabis Commission, which is responsible for the state’s medical marijuana program, runs it. In 2015, HB 803 amended the definition of marijuana to remove industrial hemp from the list of prohibited drugs, effectively decriminalizing it in the state of Maryland. The industrial hemp pilot program was authorized through HB 443 in 2016. In 2018, the law was expanded to allow for further commercial hemp production in Maryland under HB 693. Recreational cannabis is yet to be legalized in the state.

Massachusetts

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: LEGAL

In Massachusetts, marijuana has been legalized for both medical and recreational purposes. In 2012, the state authorized medical use, and in 2016, it did the same for recreational purposes. The industrial hemp pilot program began in 2017.

Michigan

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: LEGAL

Since 2008, marijuana has been legal in the form of both medical and recreational usage in Michigan. In 2014, Michigan changed its definition of marijuana to exclude industrial hemp with 0.3 percent THC or less (HB 5440). In 2016, the state launched an industrial hemp pilot program.

Minnesota

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

In 2014, Minnesota became the first state in the country to legalize medical marijuana (SF 2471). The state’s medical cannabis law covers a lengthy list of qualifying diseases. Minnesota’s qualifying conditions include Alzheimer’s disease and obstructive sleep apnea, in addition to the typical acceptable states. The state also has a pilot program for industrial hemp. Although recreational marijuana is still prohibited in Minnesota, it may be used for medical purposes under certain circumstances.

Mississippi

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: ILLEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

CBD products were legalized for people with severe epilepsy under Harper Grace’s Law (HB 1231, 2014), as recommended by a licensed doctor. There must be more than 15% CBD in the CBD product, and no more than 0.5 percent THC. The State of Mississippi does not have an industrial hemp pilot program. While marijuana is still prohibited, it has been decriminalized to some extent. Possession of 30 grams or less is only punishable by a maximum $250 fine for the individual’s first offense.

Missouri

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

Missouri voters approved Constitutional Amendment 2, which permits the use of medical marijuana, in December 2018. Medical CBD was previously only permitted if the hemp extract contained 0.3 percent or less THC and at least 5% CBD (HB 2238, 2014). This bill was also created just for individuals with intractable epilepsy. The medical cannabis program was modified in 2018 to include medical marijuana and a variety of qualifying diseases. In addition, the state has an industrial hemp pilot program. Marijuana is still prohibited in Missouri.

Montana

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

Montana has a medical marijuana program and an industrial hemp pilot project (Montana Code Annotated, Title 80, Chapter 18, 2017). The state’s first medical marijuana law was enacted in 2004. Recreational cannabis is still prohibited in Montana.

Nebraska

Hemp-sourced CBD: ILLEGAL
Marijuana-sourced CBD for medical use only: ILLEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

In Nebraska, however, industrial hemp is only legal within an experimental pilot program. Cannabis in all forms, on the other hand, is extremely tightly controlled in this state. CBD is still classified as a Schedule I drug under the Uniform Controlled Substances Act of Nebraska today. LB 390, which legalized CBD for people with intractable epilepsy and was signed into law in 2015, only permitted those accepted into the state’s Medical Cannabidiol Pilot Program to use the oil. In 2019, it closed. To account for the expiration date, the State Attorney General released a statement to clarify that since CBD is still considered marijuana, it is the only other legal exception available at the moment. That only includes Epidiolex, a CBD oral spray for severe epilepsy, as of now. Because CBD from industrial hemp is legal under federal law as a result of the 2018 Farm Bill, it is unclear how CBD’s current overall legal status in Nebraska is.

Nevada

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: LEGAL

Nevada’s original version of the Compassionate Use Act, passed in 2000 and 2004, legalized both medical and recreational marijuana. Nevada also has an industrial hemp pilot program.

New Hampshire

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

In 2013, New Hampshire became the first state to legalize medical marijuana (HB 573) and establish an industrial hemp pilot program in 2015. In New Hampshire, recreational marijuana is still prohibited.

New Jersey

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

In 2009, New Jersey’s medical marijuana program became effective (SB 119). There is no industrial hemp pilot program yet, and recreational cannabis is still banned.

New Mexico

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

New Mexico’s use of medical cannabis is legal (SB 523, 2007). In 2017, New Mexico passed a bill establishing an industrial hemp pilot program (SB 6). New Mexico was also the first state to legalize medical marijuana as a therapy for PTSD. Recreational marijuana is still prohibited in New Mexico.

New York

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

The state of New York has launched an industrial hemp pilot program in 2015, which continues to receive significant funding. In 2014, the state legalized medical marijuana (AB A6357E). Marijuana use for recreational purposes is, nevertheless, prohibited in New York.

North Carolina

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: ILLEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

Although North Carolina does not have a medical marijuana law, it does allow CBD medications to be prescribed for intractable epilepsy (HB 766, 2015). The goods must contain less than 0.9% THC and at least 5% CBD. As of 2016, North Carolina has a pilot industrial hemp project. In North Carolina, recreational marijuana is still unlawful.

North Dakota

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

In 2016, North Dakota’s legislature passed the North Dakota Compassionate Care Act, which made medical marijuana legal. It also established a hemp pilot program. Recreational cannabis is, nevertheless, prohibited in the state of North Dakota.

Ohio

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

The state of Colorado legalized medical marijuana in 2016 (HB 523). The Medical Marijuana Control Program was supposed to start in the fall of 2018, but it is now behind schedule.

Meanwhile, the State of Ohio Board of Pharmacy released a FAQ explaining that recreational CBD goods were still prohibited because they are classified as marijuana under Section 3719.01 of the Ohio Revised Code and are therefore illegal at both state and federal levels. However, this was issued before the 2018 Farm Bill was passed, so it’s likely that CBD derived from hemp and medical CBD is now legal in Ohio.

Oklahoma

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

Oklahoma’s legislature passed bills in 2018 to establish a state medical marijuana program (SQ 788) and an industrial hemp pilot program (HB 2913). Oklahoma law also distinguishes CBD from marijuana. CBD manufactured from hemp with less than 0.3 percent THC is legal for sale and use throughout the state. Prior to this bill, medical cannabis with high amounts of THC was legal for individuals suffering from severe epilepsy and a few other disorders (HB 2154, 2015).

Oregon

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: LEGAL

In Oregon, marijuana has been decriminalized for medical and recreational purposes (SB 161, 2007, and Measure 91, 2014). There is also an industrial hemp pilot initiative in the state.

Pennsylvania

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

Pennsylvania has been encouraging the use of medical marijuana for years, and in 2016, lawmakers passed legislation to establish a medical marijuana program (SB 3). The state also has an industrial hemp pilot program. In Pennsylvania, recreational marijuana is still prohibited.

Rhode Island

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

Rhode Island has a medical marijuana law (SB 185, 2009) and an industrial hemp pilot program (SB 791, 2007). Marijuana use for fun is still prohibited in Rhode Island.

South Carolina

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: ILLEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

In 2014, South Carolina’s Medical CBD Statute, also known as “Julian’s Law,” was established (SB 1035). The law allows CBD medicines that contain at least 98 percent CBD and 0.9% or less THC to be prescribed to patients with Lennox-Gastaut Syndrome, Dravet Syndrome, and other severe epilepsies. South Carolina has a program in place to cultivate industrial hemp. Recreational cannabis is unlawful in the state.

South Dakota

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: ILLEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

South Dakota, in conjunction with Idaho and Nebraska, has the most stringent cannabis laws in the country. Possession of less than two pounds is a misdemeanor punishable by up to one year in jail and a $2,000 fine. There is no medical marijuana program or industrial hemp pilot program in the state. In 2017, South Dakota passed SB 95, which requires that medical CBD products be licensed by the FDA in order to be lawful. Epidiolex is the only medication on that list right now.

The bill changed CBD from a Schedule I to a Schedule IV drug, and it also removed it from the definition of marijuana. However, CBD remains prohibited by statute in a manner that contradicts federal legislation legalizing hemp-derived CBD. The state’s Health and Human Services Committee passed an amendment in January 2019 that made it clear that hemp CBD possession is legal without a prescription.

Tennessee

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: ILLEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

Tennessee’s legislature removed industrial hemp from the definition of marijuana in 2014, with HB 2445. Also that year, the state enacted SB 2531, which permitted CBD oil to be used for treatment of intractable epilepsy as part of a clinical research trial. In April 2016, Tennessee expanded the law to allow CBD oil (with 0.9 percent THC or less) to be prescribed to people with intractable epilepsy by authorized physicians (HB 197). The state has a hemp pilot program. Marijuana is still against the law in Tennessee, whether for recreational or medical purposes.

Texas

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: ILLEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

There is currently no industrial hemp pilot program in Texas, and marijuana is still prohibited by law for either recreational or medical purposes. However, the state allows low-THC cannabis medicines to be given to those with intractable epilepsy (SB 339, 2015). The product must have 0.5 percent or less THC and at least 10 percent CBD.

Utah

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

The Utah Hemp and Cannabidiol Act, which was signed into law in 2018, defined and legalized industrial hemp CBD in a number of forms, ranging from tablets to gummy blocks. In addition, Utah legalized medical cannabis (Prop 2) in 2018. Marijuana for recreational use is still prohibited. Utah has also legalized medical CBD, as it has in several other states. In 2014, the Hemp Extract Registration Act was passed in Utah, permitting hemp extract (with at least 15% CBD) to be given to intractable epilepsy patients. The state’s industrial hemp program began in 2016.

Vermont

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: LEGAL

In Vermont, marijuana has been legalized for both medical and recreational purposes. Vermont was actually the first state to legalize recreational marijuana through the legislature rather than a ballot initiative in 2018 (H.511). In 2004, the state of Vermont legalized medical marijuana. The list of authorized ailments is continuously growing. Vermont has established an industrial hemp pilot program.

Virginia

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

Virginia legalized the medicinal use of CBD oil and THC-A oil to treat intractable epilepsy in 2015 (HB 1445). In 2018, Virginia passed a bill that increased the amount of medical CBD oil that can be prescribed to “any diagnosed condition or disease determined by the practitioner to benefit from such use” (HB 1251). After the 2014 Farm Bill was signed, Virginia launched an industrial hemp pilot program. Recreational marijuana is still prohibited in Virginia.

Washington

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: LEGAL

Marijuana has been legal in Washington state for both medical and recreational purposes since 2012. Any CBD products containing less than 0.3 percent THC are not regarded as marijuana or controlled substances under Washington state law. In 2012, Washington became the second state, after Colorado, to legalize marijuana for recreational use with Initiative 502. The medical marijuana program was established in 1998 under Initiative 692. Washington has an industrial hemp research pilot program as well.

Washington, D.C.

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: LEGAL

In Washington, D.C., marijuana has been legalized for both medical and recreational use. In 2014, the Washington, DC Initiative 71 went into effect in Washington, D.C., allowing personal marijuana usage. The legislation has tight limits on how much marijuana a person can have and they are not allowed to sell it.

West Virginia

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

West Virginia’s ban on marijuana has been lifted, allowing the lawful usage of medical cannabis. The Medical Cannabis Act was signed into law in West Virginia in March 2018 (SB 386). In 2016, the state launched its industrial hemp pilot program. Marijuana is still prohibited under federal laws in West Virginia.

Wisconsin

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

Marijuana use for both recreational and medical purposes is still prohibited in the state of Wisconsin. The state, however, has a medical CBD law as well as an industrial hemp pilot program. CBN legislation was passed in 2013 by the state of Wisconsin under AB 726, which allows CBD oil to be used to treat seizure disorders.

Wyoming

Hemp-sourced CBD: LEGAL
Marijuana-sourced CBD for medical use only: LEGAL
Marijuana-sourced CBD for recreational use: ILLEGAL

In Wyoming, marijuana for recreational or medical purposes is still prohibited. However, in 2015, the state legalized CBD hemp extract (0.3 percent THC or less, with 5% or more CBD) to treat epileptic patients (HB 32). The pilot project in Wyoming to cultivate industrial hemp has just begun.

Sources

https://puresciencelab.com/cbd-laws-by-state/

https://en.wikipedia.org/wiki/Legality_of_cannabis_by_U.S._jurisdiction

https://www.cbdoil.org/cbd-laws-by-state/

https://cbdhacker.com/is-cbd-legal-in-your-state-interactive-map/