States Laws: Hemp CBD Legal Regulations in the United States
CBD is the hottest selling herbal supplement ingredient in 2019 and it is largely due to the updated legal status of CBD in all 50 United States jurisdictions. While everyone loves to talk and research the benefits of CBD, it is important to acknowledge and understand the rules and regulations per individual state as the federal limitations are still intact despite each state having their own set of hemp-derived cannabidiol extract policies to abide by.
To properly answer the ‘is CBD legal' question, each user given their current state of resident must research the CBD laws by state and figure out what is allowed and accepted to avoid any legal troubles. Users must pay attention to these three primary caveats:
- Federal vs State laws
- CBD vs THC content
- is the CBD extract is derived from the hemp or marijuana, both cannabis plants.
While the 2018 Hemp Farm Bill signed by President Trump went active at the beginning of 2019, there are a few distinctions to be made, especially with the recent reforms and pending FDA, FTC and USDA regulations coming soon.
The hemp-derived CBD vs marijuana-based CBD oils and infused products are where interest onlookers should spend the most time studying which is right for you. These commonly are referred to as isolate (pure CBD), broad spectrum (THC-free) and full spectrum (THC with all accompanying cannabinoids, terpenes, flavonoids and essential oils).
These two cannabis plants are very close family members, and in order to be in alignment with both federal and state laws and legally use CBD in any given state listed below, it is important to understand the distinguishable variations of CBD derived from hemp vs marijuana.
The most noticeable difference to note is that hemp-derived CBD contains less than 0.3% THC where as marijuana-based cannabidiol can contain up to 30% tTetrahydrocannabinol.
And for those who may not know, THC is still federally illegal, and is the one who gives the psychoactive high feeling, or mind-altering effects most known about smoking marijuana. But once the Agricultural Improvement Act of 2018 was passed, hemp become an agricultural commodity and was reclassified and removed from the DEA's Schedule I substance list.
Now, let's review all CBD state laws and share some insights on how each of the fifty United States regulate the emerging cannabidiol market and industry.
CBD Laws by States: Hemp-Cannabidiol Legal Outlook
Here is the list of all United States CBD legal policies and statuses in 2019:
In 2018, a public notice was issued by state attorney general Steve Marshall, in regard to the legal status of CBD. He stated, “CBD derived from industrial hemp, with a THC concentration of not more than 0.3%, can be legally produced, sold, and possessed in the state of Alabama.”
There are two other laws presently implemented for CBD, including Carly’s Law and Leni’s Law. Carly’s Law makes it possible for researchers at the University of Alabama Birmingham to see how effective THC can be for seizures when the content is low. Leni’s Law lets physicians recommend CBD to their patients for specific health conditions.
Presently, CBD is not allowed to be sold or used in food establishments, as “there are no lawfully approved sources of CBD,” according to a Department of Environmental Conservation representative. Still, ballot measures are already in progress to make adult-use available to consumers with Ballot Measure 2 and Measure 8.
In Arizona, the use of medical marijuana is legally permitted, but cannabis extract (CBD) may not be included in this law. There’s already been some prosecution regarding patients who have medical marijuana licenses that have held products that they believed were legally purchased.
While a ruling in 2018 stated that extract doesn’t include medical marijuana, the case may be on appeal.
There are pilot programs implemented in Arkansas for medical marijuana and hemp, but they’ve yet to actually be implemented. Issue 6 and (2016) and Ark. Stat. Ann. Section 2-15-401 et seq. (2017) provide laws that cover these programs.
California was the first state to legalize medical marijuana back in the 1990s. While the state presently allows consumers to consume both medical and recreational marijuana legally, the California Department of Public Health stated that CBD cannot be used as a food additive. The laws that correlate with this ruling are Proposition 215 (1996), SB 420, Cal. Food and Agric. Code Section 81000 to 81010 (2016).
In Colorado, both adult-use and medical marijuana are legal under Amendment 20, as well as Colo. Rev. Stat Section 35-61-101 to 35-61-109 (2016). No further legislation describes any policies regarding CBD individually.
Residents in Connecticut can presently get legal medical cannabis. There is a pilot program in the works right now for industrial hemp under HB 5389 (2012), 2014 Conn. Acts, P.A. Number 14-191 (Reg. Sess.). Recreational marijuana and derivatives have not yet been legalized.
To qualify for medical cannabis in Delaware, patients have to have one of the approved medical conditions. A hemp pilot program is in the works, to which SB 17 (2011 and Del Code Ann. Tit. 3 Section 2800 to 2802 (2016) applies.
An industrial hemp pilot program and a program for medical marijuana are both in place in the state of Florida. The state laws that apply include Amendment 2 and S 1726.
The University of Georgia presently is legally permitted to create a low THC oil for clinical research, due to laws enacted in the state. Through the research program, the researchers are required to meet compliance requirements for trials, implemented by the FDA. Furthermore, any oils developed and used in the program must fall below 5% concentration with an equal amount of CBD, under the HB 1 (2015) law.
Under SB 862, Hawaii has implemented a pilot program for industrial hemp and a program for medical cannabis. Hawaii Rev. Stat Section 141A to 141J and Section 712 also apply.
Idaho is one of the more restrictive states. With no medical or adult-use cannabis legally permitted, they also have refrained from establishing an industrial hemp pilot program. Residents are not allowed to use low-THC CBD for medical use, and the state has even completely banned hemp, preventing it from crossing state lines.
An industrial hemp program in Illinois makes it possible for CBD to be extracted by manufacturers. The state also has a law under the Commercial Low THC Hemp Extract Act that allows low-THC hemp extract to be distributed and sold, as long as the producer offers a certificate of analysis. In the certificate, no more than 0.3% THC can be recorded. HB 1 and Ill. Ann. Stat. ch. 720 Section 550/15/2, and SB 2772 excludes low-THC hemp extract.
Despite having no laws regarding the legal use of medical marijuana, Indiana has implemented an industrial hemp pilot program, passing the Senate Enrolled Act 52 last year. This act made it possible for the purchase, sale, and possession of CBD oil, which must follow the rules for labeling. The laws that apply to this program include Ind. Code Ann. Section 15-15-14-1 to 15-15-13-17 (2016), HB 1148, and Senate Enrolled Act 52.
In Iowa, much like Idaho, there’s no medical marijuana or industrial hemp programs implemented, as they are all illegal. Though there is a medical CBD program under Iowa Code Chapter 124E, it has yet to be implemented yet. Furthermore, according to the Department of Public Health in the state, companies cannot sell over-the-counter CBD. Residents may end up finding some stores that are willing to sell CBD, due to the legality of these products under the 2014 Farm Bill.
Kansas is one of the few states that also have no medical cannabis legalized. The controlled substances list in the state recently removed hemp without THC, due to laws SB 263 and SB 282.
Consumers are unable to purchase medical cannabis in the state of Kentucky, but there’s a pilot program already in place. The FDA has approved policies under SB 124, allowing the public university of medical schools to use CBD for expanded access programs and clinical trials. The laws that apply to this sector include Ky. Rev. Stat. Ann Section 260-850 to 260.869.
An industrial hemp program has yet to be started in Louisiana, but the state does allow the use of medical marijuana, adhering to SB 271. Even without these policies in place, companies have continued to sell hemp-based CBD.
In Maine, residents are able to legally use medical marijuana, and there’s already an industrial hemp pilot program. The sector is regulated with HB 702, HB 308, HB 180, HB 1101, SB 926, HB 881, and Md. Agriculture Code Ann. Section 14-101.
In Massachusetts, consumers will be happy to find both recreational and medical cannabis has been legalized. There’s an industrial hemp program already in place, permissible under Question 3, Question 4, Mass. Gen. Laws. Ann. 128 Sections 116 to 123.
Maryland has implemented a pilot program for industrial hemp already, and a medical cannabis program is already permitted. The laws in this state include HB 702, HB 308, HB 180, HB 1101, SB 926, HB 881, and Md. Agriculture Code Ann. Section 14-101.
Passed in 2018, Proposition 1 established Michigan as the first state in the Midwest that allowed legal use of CBD for adults, as well as cultivation and marketing. There’s also a pilot program in place involving industrial hemp, with pertinent laws including Proposal 1801, Proposal 1, and Mich. Comp. Laws Sections 286.841 to 286.844.
Minnesota’s laws permit the implementation of medical cannabis programs and industrial hemp pilot programs. The laws that apply to this state’s hemp include SF 2471, Chapter 311 and Minn. Stat Section 18K.01 to 18K.09.
The laws that apply to Mississippi’s hemp and cannabis market include SF 2471, and Minn. Stat. Section 18.K to 18K.09. In the state, medical cannabis and industrial hemp are permissible, while hemp-based CBD is sold throughout the state.
Last year, residents approved a medical cannabis program in Missouri, allowing physicians to recommend medical marijuana to consumers, though at their discretion. The state also has an industrial hemp pilot program, though the retailers locally are already selling CBD to consumers. Despite the passing of the 2018 Farm Bill, CBD oil is “under review” at the moment, governed by Amendment 2, HB 2238, and HB 2034.
Both industrial hemp and medical cannabis have pilot programs in Montana. Presently, residents can learn about the local laws pertaining to this matter with Imitative 148, 182, and Mont. Code Ann Sections 80-18-111-101 to 80-18-111.
So far, there are no established laws for industrial hemp to be legalized, but there’s a pilot program in place at the moment. According to the attorney general, CBD is only legal in the state if it’s approved by the FDA, which is isn’t yet. The laws regarding the state’s stance on CBD and hemp are found in Neb. Rev. Stat Section 2-5701.
Nevada is one of the more progressive states, already have legalized both medical and adult-use of cannabis. It already has an industrial hemp program, with laws Nev. Rev. Stat Sections 557.010 to 557.080 governing the industry at this time.
In New Hampshire, residents have the benefits of a hemp pilot program and a medical cannabis program. They are governed by SB 573 and N.H. Rev. Stat. Ann. Sections 4330-C:1 to 433-C:3.
No pilot program allows for the use of recreational cannabis or industrial hemp in the state of New Jersey. However, the state has already implemented a medical cannabis program.
Presently, under SB 523 and SB 6, New Mexico has already developed programs for industrial hemp and medical cannabis.
In New York, residents can purchase CBD just about anywhere. With pilot programs for industrial hemp and medical cannabis, residents can learn more about the laws of this sector under N.Y. Agriculture and Markets Law Sections 505 to 508.
Even though North Carolina refrains from implementing any kind of medical cannabis program, they allow the use of CBD for the purpose of treating intractable epilepsy. The laws are fairly minimal, but consumers can purchase CBD products in many locations in the state. With an industrial hemp program in place, the laws covering these parts of the industry include HB 1220, HB 766, N.C. Gen Stat. Sections 106-568.50 to 90-87(16).
North Dakota allows pilot programs for industrial hemp and medical cannabis. However, law enforcement doesn’t exactly follow those laws as they are supposed to. As a result, consumers in the state that want to use CBD products are in a bit of a bad situation. Presently, the laws that should be adhered to include N.D. Cent. Code Sections 4-41-01 to 4-41-03 and 4.05.1-05.
Ohio had originally created new medical cannabis laws that were meant to be implemented in September last year, but the laws have yet to go into effect. The law on CBD, HB 523, states that the substance is only dispensable “in a licensed Medical Marijuana Control Program dispensary.”
A medical cannabis program was approved for Oklahoma in 2018, as well as an industrial hemp pilot program. However, neither program has been introduced to the public. Several years ago, these approvals were preceded by approval for CBD to be used by minors in the event of epilepsy. The laws in this state that pertain to this sector include SQ 788, HB 2913, and HB 2154.
Under Measure 91, the Oregon Medical Marijuana Act, and Or. Rev. Stat Sections 571.300 to 571.315, Oregon allows industrial hemp, medical cannabis, and recreational cannabis. Pilot programs are already implemented for these substances.
In Pennsylvania, residents already have an industrial hemp pilot program, as well as laws governing the medical cannabis industry. The laws that apply to these programs include SB 3, and Pa. Cons. Stat. Ann. Tit. 3 Sections 701 to 710.
Rhode Island allows industrial hemp and medical cannabis programs under SB 791 and R.I. Gen Laws Sections 2-26-1 to 2-26-9. Right now, parents of autistic children are campaigning for the use of CBD to be tested for these conditions, based on the current medical program.
Patients that use CBD for epilepsy are permitted to take this substance in South Carolina under the medical CBD law. Furthermore, the state is following what they believe that the federal law decided with the 2018 Farm Bill, meaning that they have legalized CBD products, so long as it doesn’t exceed 0.3% THC by weight. The laws covering this sector include SB 1035 and S.C. Code Ann. Sections 46-55-10 to 46-55-40.
Of every state, South Dakota has the most restrictive laws on hemp and marijuana. Not only does it disallow medical marijuana and industrial hemp, but its laws prohibit CBD from being legally purchased until Epidiolex is allowed. Epidiolex is the only CBD formula that the FDA has approved.
Under laws Tenn. Code Ann. Sections 43-26-101 to 43-26-103, Tennessee has established both an industrial hemp program and a medical CBD program. CBD can be found at many different locations for public purchase.
Texas is one of the many states to permit a medical CBD program, though recreational use is not legal at the moment. The program is meant to support patients that do not benefit from traditional programs for epilepsy under SB 399.
The Hemp and Cannabidiol Act was only recently passed in Utah, making CBD legal with the appropriate information on the label. Voters have already approved the medical cannabis law proposed, and the sector is regulated by Prop 2, Utah Code Ann. Sections 4-41-101 to 4-41-103, and HB 105.
In Vermont, legal adult use, as well as industrial hemp and medical cannabis, are permitted. CBD can be found throughout the state, governed by SB 76, SB 7, SB 17, H.511, and Vt. San. Ann. Tit. 6. Sections 561 to 566.
Virginia isn’t nearly the most restrictive state, but it only allows patients with a specific diagnosed condition and a recommendation from a doctor to use medical cannabis in an oil. With an industrial hemp program implemented, these substances are regulated under Va. Code Sections 3.2.-5112 to 3.2.-4120, and HB 1445, SB 701, and HB 1251.
In Washington, legal adult-use is permitted, and the state already has an industrial hemp pilot program, as well as a medical cannabis program, in place. The laws that apply to this substance include Initiative 692, SB 5798, SB 6073, and Wash. Rev. Code Ann. Sections 15.120.005 to 15.120.050.
Under laws CB 386 and Va. Code Sections 19-12E-1 to 19-12E-9, both a medical cannabis law and an industrial hemp program are permitted.
In Wisconsin, only doctors and pharmacies are able to distribute CBD to patients, which require a doctor’s certification, according to the Department of Justice. As such, Wisconsin allows the medical use of CBD and has an industrial hemp program. There are many laws that cover this substance, including AB 726, Wis. Stat. §94.55; Wis. Stat. §94.67; Wis. Stat. §97.02; §348.27; Wis. Stat. §961.14; Wis. Stat. §961.32; Wis. Stat. §961.442; Wis. Stat. §961.55; Wis. Stat. §973.01.
Patients that have seizure disorders are permitted to use medical CBD under Wyoming law. With an industrial hemp pilot program, the laws that control this substance in the state are HB 32, and Wyo. Stat. Sections 36-7-2101 to 35-7-2107.
The research and editorial team at HealthMJ will update each State's CBD laws as they become available in the coming months and year. Be sure to bookmark this page and always remember to stay on the right side of the law when it comes to using CBD legally.