CBD Legality Per State

The laws surrounding CBD can get confusing. To help clear things up, we’ve broken it down state-by-state, so you can see just how each one compares to the next on the topic of CBD.

Alabama

CBD in Alabama is legal for sale and purchase, just as long as it contains less than 0.3% THC. Those who cultivate and manufacture CBD products are required to have a permit, otherwise, they’re breaking Alabama law. Other than that, CBD is legal for anyone aged 18 or older.

Prescription: Not needed

Important Restrictions to Note: Alabama has little restrictions on hemp-derived CBD.

Alaska

As long as it’s grown from industrial hemp, CBD is legal in Alaska. Any product that contains more than 0.3% THC is considered illegal and cannot be consumed.

Prescription: Only needed for cannabis-derived CBD

Important Restrictions to Note: It is illegal to be marketed as an additive within CBD-infused foods and beverages.

Arizona

Back in 2014, Arizona ruled CBD as a legal treatment for epilepsy. Since then, they’ve only accepted the substance more, making it fully legal for those 18 and older to purchase.

Prescription: Only needed for cannabis-derived CBD

Important Restrictions to Note: It is illegal to be marketed as an additive within CBD-infused foods and beverages.

Arkansas

After hemp-derived CBD was removed from the controlled substances list, Arkansas became one of the first states to fully legalize the sale and consumption of hemp-derived (cannabidiol) CBD. However, CBD must be hemp-derived, as cannabis is still illegal in the state unless for medical patients.

Prescription: Only needed for cannabis-derived CBD

Important Restrictions to Note: Arkansas has little restrictions on CBD.

California

In California, CBD is legal in all aspects. A few years back, the state fully legalized cannabis, making both hemp-derived and cannabis-derived CBD legal for purchase and consumption. Your CBD product does not have to contain less than 0.3%, either, though you must be at least 21 to purchase if they are. No medical marijuana card is required.

Prescription: Not needed

Important Things to Note: It is illegal to be marketed as an additive within CBD-infused foods and beverages.

Colorado

CBD is legal for sale and consumption in Colorado. In 2018, they passed a law stating that all parts of the industrial hemp plant can be used as a food ingredient if regulations are followed, also legalizing the addition of CBD-infused foods and drinks.

Prescription: Not needed

Important Restrictions to Note: CBD cannot be sold as an additive within baked goods.

Connecticut

CBD products containing less than 0.3% THC are legal for those of age in the state of Connecticut. Products above those levels are available, however, you must be in possession of a medical marijuana card to purchase.

Prescription: Needed for cannabis-derived CBD and CBD with more than 0.3% THC

Important Restrictions to Note: Products cannot make any medical or therapeutic claims.

Delaware

In Delaware, you can legally purchase CBD products containing less than 0.3% THC. Cannabis-derived CBD can only be purchased by those with a medical marijuana card, however, the product cannot contain more than 7% THC and must have at least 15% CBD.

Prescription: Only needed for cannabis-derived CBD

Important Restrictions to Note: Farmers must be affiliated with Delaware State University.

Florida

Hemp-derived CBD with less than 0.3% THC is legal for sale and enjoyment in Florida. If you want products with higher THC percentages, you must first obtain a medical marijuana card. In the past, Florida had quite unique laws surrounding CBD, but they’ve now aligned themselves primarily with federal law.

Prescription: Only needed for cannabis-derived CBD

Important Restrictions to Note: Companies that sell CBD ingestibles are required to have a license to do so.

Georgia

Like most states, Georgia legalized the sale and consumption of CBD oil with less than 0.3% THC. However, it’s still illegal for CBD to be added into any food, drink, or marketed as a dietary supplement.

Prescription: Not needed for hemp-derived CBD under 0.3% THC

Important Restrictions to Note: CBD cannot be used as an additive in foods or drinks, nor can it be smoked.

Hawaii

Technically, CBD is illegal in the state of Hawaii. Though it is legal federally, Hawaii wants its citizens to adhere to state laws instead, which clarifies that CBD is not legal for purchase or consumption by anyone who doesn’t have a medical marijuana card.

Prescription: Necessary for all forms of CBD

Important Restrictions to Note: CBD is not legal for purchase by anyone without a medical marijuana card.

Idaho

Unlike most states, CBD in Idaho is only legal if it does not contain any traces of THC. Even 0.3% is illegal for possession and consumption in Idaho, so businesses must go through strict extraction processes to ensure zero amounts of THC. CBD can also only be derived from one of the five parts of the plant.

Prescription: Necessary for all forms of CBD

Important Restrictions to Note: CBD is only legal if it has zero amounts of THC.

Illinois

CBD is completely legal in the state of Illinois. Recently, Illinois legalized recreational cannabis, allowing those who are 21 and older to enjoy cannabis in the privacy of their own home.

Prescription: Not needed

Important Restrictions to Note: CBD products, legally, cannot contain any medical claims.

Indiana

Hemp-derived CBD that contains less than 0.3% THC is legal for purchase and consumption in the state of Indiana. Cannabis-derived CBD, or CBD containing more than 0.3% THC, is still illegal for sale and possession in the state, however.

Prescription: Not needed

Important Restrictions to Note: Cannabis-derived CBD is still illegal.

Iowa

Iowa is one of the few states where CBD is still illegal for the general public. You’re only legally allowed to purchase hemp-derived CBD with less than 0.3% THC from licensed medical dispensaries, and if you have a medical marijuana card. Iowa also has various laws in place surrounding what types of CBD products are legal, with inhalation or vape devices remaining illegal for purchase, possession, and sale.

Prescription: Necessary for all forms of CBD

Important Restrictions to Note: CBD is illegal for the general public.

Kansas

Hemp-derived CBD is legal in Kansas, but with strict regulations. The CBD products cannot contain any amounts of THC and must be produced within the state and regulated by the Kansas Department of Agriculture. These products can only be sold in tincture, pill, lotion, and powder form.

Prescription: Not needed

Important Restrictions to Note: CBD products cannot contain any THC, nor can they be added into foods and beverages.

Kentucky

Though Kentucky does not have any medical marijuana programs, it still legalized hemp-derived CBD containing less than 0.3% THC. These are products you can purchase at your local Whole Foods or smoke shop.

Prescription: Not needed

Important Restrictions to Note: Cannabis-derived CBD is still illegal.

Louisiana

Despite a rocky history, Louisiana has finally aligned itself with federal law surrounding CBD. As long as your CBD is hemp-derived and contains less than 0.3%, it is legal for you to own and consume. CBD products as a whole are regulated similarly to alcohol tobacco sales, being overseen by the Louisiana Office of Alcohol and Tobacco Control.

Prescription: Not needed

Important Restrictions to Note: CBD inhalables, ingestibles, and infused alcohol are still illegal.

Maine

Both hemp-derived CBD and cannabis-derived CBD are legal for sale and consumption in the state of Maine. To purchase cannabis-derived CBD, though, you must have your medical marijuana card and buy it from licensed dispensaries. Like Colorado, it’s legal to add CBD within food and drinks in Maine.

Prescription: Needed for cannabis-derived CBD

Important Restrictions to Note: For restaurants that contain CBD-infused products, it must be explicitly stated alongside how much is included.

Maryland

CBD is legal in Maryland for both medical and non-medical patients. Non-medical patients have access to hemp-derived CBD containing less than 0.3% THC, and medical patients can purchase products that contain both THC and CBD. As long as it comes from industrial hemp, you can have as much in your possession as you’d like.

Prescription: Needed for cannabis-derived CBD

Important Restrictions to Note: Very little CBD restriction in Maryland.

Massachusetts

In Massachusetts, hemp-derived CBD is legal for both medical marijuana patients and those of the legal age limit. However, any CBD products--specifically edibles--that can be ingested are not allowed for sale in the state unless they undergo strict purity testing.

Prescription: Needed for cannabis-derived CBD

Important Restrictions to Note: Massachusetts does not allow for any medical or therapeutic claims unless the FDA says otherwise

Michigan

While CBD, both hemp and cannabis-derived, is legal in the state of Michigan, it is completely illegal for companies to market CBD oil as any dietary supplement or food additive. However, properly regulated CBD products are legal to purchase for all Michigan residents.

Prescription: Only needed for cannabis-derived CBD

Important Restrictions to Note: CBD cannot be marketed as an additive within foods or beverages.

Minnesota

Only CBD products that meet strict FDA standards, labeling, and testing requirements are legal for sale in Minnesota. Cannabis-derived CBD is only legal for those with medical marijuana cards.

Prescription: Needed for cannabis-derived CBD

Important Restrictions to Note: CBD cannot be added to any food or drink, nor can it be marketed as a treatment, cure, or preventative of any kind.

Mississippi

Out of all 50 states, Mississippi’s stance on CBD is one of the strictest. With the passing of the 2018 Farm Bill, Mississippi finally legalized CBD, though with the exceptions that the products must include 50 mg. of CBD per milliliter, with less than 2.5 mg. of THC per milliliter. Possession of any more than this is punishable by law.

Prescription: Not needed

Important Restrictions to Note: CBD is only legal in oil forms with very strict CBD and THC levels.

Missouri

Though they legalized medical marijuana back in 2019, Missouri seems to fall quiet on the topic of CBD. CBD is easily accessible throughout the state and law enforcement is not known for patrolling the substance, leaving many to believe that Missouri’s quite lax on the subject. Technically, however, they have yet to place concrete laws other than HB 2238 which allowed CBD use for epilepsy as long it contained less than 0.3% THC.

Prescription: Only needed for cannabis-derived CBD

Important Restrictions to Note: Businesses must register with the state before getting approved to sell CBD products.

Montana

In Montana, it is legal to purchase and possess hemp-derived CBD products. You can obtain CBD tinctures, topicals, and oils from proper manufacturers, but any CBD products within food, drink, or dietary supplements is illegal to consume or sell.

Prescription: Needed for cannabis-derived CBD

Important Restrictions to Note: CBD marketed as an additive in food or drink is illegal.

Nebraska

CBD that has been derived from industrial hemp is legal to produce and consume in Nebraska. Like federal regulation states, these products must contain less than 0.3% THC and cannot claim to treat or cure medical illnesses or complications, meeting FDA guidelines.

Prescription: Not needed

Important Restrictions to Note: CBD still considered Schedule 1 substance.

Nevada

Hemp-derived CBD is legal for sale and consumption in Nevada, though the products cannot make medical claims of any kind. Products that are intended for digestion are legal, though they must follow strict FDA guidelines and comply with proper labeling.

Prescription: Not needed

Important Restrictions to Note: Products cannot make medical claims of any kind.

New Hampshire

Like a few other states, New Hampshire hasn’t created its own laws surrounding CBD, and instead just adheres to federal. That being said, hemp-derived CBD containing less than 0.3% THC is widely available in the state, despite law enforcement officials being relatively unsure about their stance.

Prescription: Not needed

Important Restrictions to Note: CBD marketed as additives within food or beverages are illegal.

New Jersey

Hemp-derived CBD is legal for sale, possession, and consumption in New Jersey as long as it follows federal guidelines. Cannabis-derived CBD is also legal for qualifying medical marijuana patients and can only be found within licensed dispensaries.

Prescription: Only needed for cannabis-derived CBD

Important Restrictions to Note: There are very few restrictions on CBD in New Jersey.

New Mexico

In New Mexico, it is legal to manufacture, sell, and consume hemp-derived CBD that contains less than 0.3% THC. Medical marijuana patients are able to enjoy cannabis-derived CBD that must be purchased from regulated dispensaries.

Prescription: Only needed for cannabis-derived CBD

Important Restrictions to Note: CBD products must have COA’s.

New York

Hemp-derived CBD containing less than 0.3% THC is legal in the state of New York. However, this legality comes with strict regulations: CBD cannot be added into any food or drink, nor can it make any therapeutic claims in marketing. Topicals and tinctures are legal for purchase, though any digestible CBD products are illegal and strictly controlled.

Prescription: Only needed for cannabis-derived CBD

Important Restrictions to Note: Digestible CBD products, CBD-infused food and drink, and medical claims are all illegal.

North Carolina

Per federal law, North Carolina legalized hemp-derived CBD with less than 0.3% THC. Along with their Industrial Hemp Pilot Program, North Carolina also passed the Epilepsy Alternative Treatment Act which allowed CBD products with less .9% THC and at least 5% CBD to be enjoyed by qualifying patients.

Prescription: Needed for Epilepsy Alternative Treatment Act

Important Restrictions to Note: Smokable hemp is prohibited.

North Dakota

Both hemp-derived and cannabis-derived CBD are available in North Dakota. Hemp-derived CBD with less than 0.3% THC is legal for all residents, while cannabis-derived CBD is legal only for those with a medical marijuana card.

Prescription: Needed for cannabis-derived CBD

Important Restrictions to Note: Cannabis-derived CBD products must be FDA-approved.

Ohio

Hemp-derived CBD with less than 0.3% THC is legal for sale, possession, and consumption in the state of Ohio. Currently, you can find CBD products of all types throughout the state, and many expect to see the embrace of CBD-infused foods and drinks, too. Currently, however, Ohio simply abides by federal law.

Prescription: Only needed for cannabis-derived CBD

Important Restrictions to Note: Ohio has few restrictions on CBD.

Oklahoma

Oklahoma legalized the sale and possession of hemp-derived CBD shortly after the passing of the 2018 Farm Bill. Interestingly, Oklahoma requires all businesses that sell CBD to consider themselves “food establishments,” with CBD being a “food product.”

However, just because these “food establishments” sell CBD, that doesn’t mean you can enjoy the products there. These places only sell pre-packaged goodies and you have to consume them in the comfort of your own home to abide by the law.

Prescription: Only needed for cannabis-derived CBD

Important Restrictions to Note: You cannot enjoy CBD-infused foods or drinks in public.

Oregon

Oregon does have extremely strict labeling standards, with all CBD products including a warning, an FDA statement, test results, and “DO NOT EAT” for non-edibles. Hemp-derived CBD does not have a possession limit, though cannabis-derived CBD products have possession limits that depend on the product itself.

Prescription: None needed

Important Restrictions to Note: Products must adhere to very strict labeling standards.

Pennsylvania

Controlled by Pennsylvania’s Department of Agriculture, hemp-derived CBD with less than 0.3% is completely legal within the state of Pennsylvania. Primarily, Pennsylvania follows federal law in terms of CBD, though they do have their own regulations surrounding seed and crop testing.

Here, you may find CBD within food products, though anyone who does this must have a license as a food establishment and follow proper FDA standards.

Prescription: Needed for cannabis-derived CBD

Important Restrictions to Note: All CBD food products must follow FDA standards.

Rhode Island

Every CBD product has to provide information on extraction methods, what solvents were used, and the percentage of cannabinoids utilized. For food products, the CBD must be placed in specific food-safe packaging. If you’re a medical marijuana patient, you have access to cannabis-derived CBD, too.

Prescription: Only needed for cannabis-derived CBD

Important Restrictions to Note: It must be explicitly stated that CBD products are not FDA-approved, nor can they make therapeutic claims.

South Carolina

Back in 2014, South Carolina passed a law legalizing cannabis extracts containing less than 0.9% THC and at least 15% CBD for those with qualifying medical conditions. Now, with the passing of the Farm Bill, hemp-derived CBD containing less than 0.3% THC is legal in South Carolina for residents.

In South Carolina, it is illegal to have CBD added into foods or beverages, as they have yet to be approved by the FDA.

Prescription: Necessary for high-CBD products

Important Restrictions to Note: CBD marketed as an additive within foods and beverages are not permitted.

South Dakota

CBD and South Dakota have had a rocky history. Until 2020, industrial hemp and all forms of CBD were illegal in the state. However, a new cultivation law allows for the cultivation of hemp-derived CBD containing less than 0.3%; it is still illegal to smoke or inhale CBD, though.

Prescription: Necessary for all CBD

Important Restrictions to Note: The state’s newfound hemp production plan has yet to be approved by the USDA.

Tennessee

While Tennessee hasn’t technically legalized medical marijuana, they do have a program that allows products with less 0.9% THC to be possessed by those who have been referred to by a four-year university within the state. This is in accordance with a clinical research study the state is conducting.

Prescription: Not needed

Important Restrictions to Note: Products must follow strict labeling and packaging procedures.

Texas

There are no possession limits for those with CBD products, however, if it is found that your CBD product contains more than the allowed 0.3%, you could be facing felony charges.

Prescription: Needed for CBD products with more than 0.3% THC

Important Restrictions to Note: CBD products with more than 0.3% THC without a prescription can result in a felony.

Utah

In Utah, they call CBD legal in “medicinal dosage form.” This tricky wording prohibits the use of smoking CBD or businesses selling it as an additive with food or drink. Topicals, capsules, and even lozenges, though, are perfectly legal.

Prescription: Only needed for cannabis-derived CBD

Important Restrictions to Note: CBD as a smokable or additive in food or drink is prohibited.

Vermont

Vermont allows the sale, consumption, and possession of CBD with less than 0.3% THC. For non-medical patients, CBD must be hemp-derived, though medical marijuana patients have access to various cannabis-derived CBD products. Vermont does not restrict the use of CBD in foods and beverages.

Vermont does have quite strict labeling instructions for their products. They must provide all necessary manufacturer information, clarify that it comes from hemp, list all ingredients in order of prominence, and so much more.

Prescription: Only needed for cannabis-derived CBD

Important Restrictions to Note: CBD products must follow very strict labeling standards.

Virginia

For medical patients, you can contain CBD oil that has up to 5% THC and at least 15% CBD, and there are no possession limits on any form of cannabis besides flower.

Prescription: Only needed for cannabis-derived CBD

Important Restrictions to Note: You cannot possess CBD oil with more than 5% THC, even with a medical card.

Washington

If you’re looking for CBD products that you can consume, you can only find them within licensed dispensaries. To shop in a dispensary in Washington state, you must be at least 21 years of age or older.

Prescription: None needed

Important Restrictions to Note: Washington technically permitted the sale of CBD as an additive within food and drinks.

West Virginia

West Virginia legalized hemp-derived CBD with less than 0.3% THC. You can purchase hemp-derived CBD from various shops, and you do not need a license to sell or buy CBD products. West Virginia even allows for out-of-state CBD products to be sold within their businesses.

However, it is illegal in West Virginia for shops to sell food or drink products infused with CBD. This directly goes against FDA guidelines and the state does not permit it. You can find other products like CBD topicals, capsules, and oils that are perfectly legal to purchase and possess.

Prescription: Only needed for cannabis-derived CBD

Important Restrictions to Note: CBD cannot be marketed as an additive within foods or beverages.

Wisconsin

LIke many other states, businesses cannot sell food or drink with infused CBD. Almost to a T, Wisconsin adheres to federal law and until this is approved by the FDA for human consumption, it is not permitted in the state and you will not be able to find these types of products.

Prescription: Only needed for high-CBD products

Important Restrictions to Note: Cannabidiol is the only form of cannabis that’s legal in Wisconsin.

Wyoming

In order to purchase hemp-derived CBD in Wyoming, you must be 18 years old or older. There is no limit on Wyoming’s CBD possession, but do keep in mind that they are very strict on their cannabis possession laws.

Prescription: Only needed for cannabis-derived CBD

Important Restrictions to Note: Very little restriction placed on hemp-derived CBD products.

No matter what state you live in, if you’re looking for quality CBD, to stay safe, always keep in mind the current cannabis laws in your state while enjoying your soothing TerraVita products.