In 2018, the United States Congress passed what’s known as the Farm Bill, a package of legislation updated every five years that covers a wide range of programs, from subsidies for farmers to protections for consumers. The most valuable piece of legislation passed within this recent update was the legalization of the cultivation, production, sale, and possession of hemp at the federal level. But did this legislation update make CBD legal?

Is CBD Legal?

In essence, yes. However, protections only extend to CBD that’s cultivated from hemp plants and have a concentration of THC below 0.3%. In other words, marijuana-derived CBD is still in a legal gray area.

 


If you’re looking for CBD made from hemp plants, there are many states throughout the country where it’s possible to buy an use the product. Surprisingly, it may be legal in more U.S. states than you expect.

Is CBD Legal in All 50 States?

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

  • 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

Where Is CBD Illegal?

Only a few U.S. states have laws prohibiting the sale and use of CBD hemp products.

Idaho

According to Idaho state law, any hemp-derived CBD product must meet two conditions in order to be legal. First, it must contain 0% THC, not just less than 0.3%. Second, it must be classified as “not marijuana” under Idaho Code§ 37-2701(t). In simple terms, this means that CBD can only be taken from certain parts of the hemp plant.

Nebraska

CBD is still technically illegal in Nebraska, but hemp-derived CBD was decriminalized by the state government in a bill passed on May 30, 2019.

Nebraska LB 657 removed hemp and hemp-derived products from the controlled substances list. Any CBD product sold in Nebraska must contain less than 0.3% THC and follow certain manufacturing, testing, and delivery rules.

South Dakota

The government in South Dakota is pretty clear about it: Industrial hemp and CBD oil in all forms is illegal in the state. However, law enforcement leaders in certain counties say they won’t prosecute people for having CBD.

The CBD Gray Area: Marijuana-Based Products

Unlike hemp-derived CBD products, marijuana-derived CBD products are still in a gray area when it comes to legal sale and usage. Some states allow it without medical exemption, while other states require a medical exemption. Idaho, Nebraska, and South Dakota are the only states where marijuana-derived CBD is illegal.

States Where Marijuana-Derived CBD Products Do NOT Require a Medical Exemption

Below are the U.S. states where you can legally purchase marijuana-derived CBD and use it for a wide range of conditions:

  • Alaska
  • Arizona
  • Arkansas
  • California
  • Colorado
  • Hawaii
  • Kansas
  • Maine
  • Michigan
  • Nevada
  • Oregon
  • Vermont
  • Washington

it’s important to note that the legality of buying marijuana-derived CBD products in Arizona and Kansas is not entirely clear.

States Where Marijuana-Derived CBD Products Require a Medical Exemption

Below are the states where any CBD product derived from a marijuana plant and contains more than 0.3% THC requires you to obtain a medical marijuana card or receive an exemption for a diagnosed condition:

  • Alabama
  • Connecticut
  • Delaware
  • Florida
  • Georgia
  • Illinois
  • Indiana
  • Iowa
  • Kentucky
  • Louisiana
  • Maryland
  • Massachusetts
  • Minnesota
  • Mississippi
  • Missouri
  • Montana
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • Tennessee
  • Texas
  • Utah
  • Virginia
  • West Virginia
  • Wisconsin
  • Wyoming

When in doubt, it’s always a good idea to review the current laws in your state regarding the sale or use of any CBD product.

If you live in a state where CBD is legal, you can purchase products online directly from Frontier Jackson. Find the best CBD products for your needs today.

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