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 (but more on that in a moment).

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

Where Is CBD Legal?

Currently, 47 of 50 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

*Legal status for hemp-derived CBD products in this state is currently unclear

**Hemp-derived CBD sold and used in Kansas must contain 0% THC to be legal

Where Is CBD Illegal?

There’s only a small group of U.S. states that have laws prohibiting the sale and use of CBD hemp products. Those states are:

  • Idaho
  • Nebraska*
  • South Dakota

Both Nebraska and Idaho are working on legislation to clarify current language that would allow the sale and use of CBD hemp products without legalizing marijuana products. South Dakota, however, has remained resolute in its handling of CBD, deeming it illegal in all forms.

*As of May 31, 2019, Nebraska passed a bill decriminalizing hemp-derived CBD, but opponents may still fight the bill’s passage.

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; 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

*Legal status for marijuana-derived CBD products in this state is currently unclear

States Where Marijuana-Derived CBD Products Require a Medical Exemption

Below are the states where any CBD product that contains more than 0.3% THC and that’s derived from a marijuana plant will require 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 CBD option for your needs today.

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