Is CBD Legal States? Or are There Some Exceptions In All 50 State 2020?

CBD products are becoming more and more popular lately thanks to the Farm Bill which allows the cultivation of Hemp on US soil. And although CBD products have been approved by the FDA, some states aren’t 100% clear on the legality of CBD, this leaves us with the question, “Is CBD Legal States?

Let’s find out and discover if CBD is legal in all states or if some states have still not caught up with CBD and its benefits as a medicine and as a recreational product.

What Is CBD & Is It Legal?

Cannabidoil or CBD for short is a chemical compound known for its numerous health benefits and its application in medicine . CBD is derived from the Cannabis sativa plant which includes multiple hemp varieties like the marijuana plant.

Because CBD is derived from cannabis sativa, a lot of people associate it with the hemp plant marijuana. Technically speaking the industrial hemp we use and marijunana are from the same genus of cannabis plants. 

However industrial hemp and mariujana are not the same type of plant. Because of this industrial hemp is legal to grow in the United States. It’s still illegal to grow in other countries so keep this in mind before taking some industrial hemp with you when you fly to other countries. 

What Is CBD Used For?

As stated before CBD has tons of health benefits  and there are multiple researches about it considering its a very potent substance.

Primarily CBD is used in medicine to treat epilepsy and to calm the nerves however CBD products are starting to enter the market and they can be used for more than medicine.

CBD products include CBD oils, CBD gummies, CBD creams, and a whole lot more. They help relieve pain and they also help reduce the anxiety that people have. 

CBD also has natural inflammatory properties which really helps in dealing with chronic pain. This is just the confirmed benefits and uses of CBD as a compound.

Currently there is numerous research about CBD’s anti oxidative properties and its ability to reduce the proliferation of tumors. We are sure that CBD will have more uses in the near future once the results of the research is confirmed.

Legal Status of CBD in Each State – Where Is CBD Illegal?

States that have legalized medical marijuana also accept the use of CBD products both for medical and recreational use. However there are some states that prohibit the use of marijuana but they approve the use of CBD under special conditions.

The 2018 Farm Bill made a huge progress in the legalization of CBD products since it removed hemp from the Controlled Substances Act. Thanks to this hemp can now be legally cultivated in US soil.

To make it easy for you, CBD is legal in all 50 states, however the law is different from state to state. State laws dictate the legality on what type of CBD product people can use and which one is prohibited. 

Here is a quick rundown on the legality status and special laws of CBD in all 50 states:

Connecticut - Legalized medical marijuana and CBD products that are approved by the FDA.

Wyoming - CBD oil products are legals as long as the source is hemp and it contains less than 0.3% THC.

Maine - Legalized medical marijuana and CBD products that are approved by the FDA.

Virginia - CBD is legal if it is obtained legally and if it follows FDA guidelines. Medical conditions also allow for the use of CBD not more than 0.5% THC.

Massachusetts - Legalized medical marijuana and CBD products that are approved by the FDA.

New Hampshire - Legalized medical marijuana and CBD products that are approved by the FDA.

New Jersey - Legalized medical marijuana and CBD products that are approved by the FDA.

Texas -  The use of CBD  products is legal if it's below 0.3% THC. However, CBD for medical use is legal as long as it's below 0.5% THC levels. 

New York - Legalized medical marijuana and CBD products that are approved by the FDA.

Pennsylvania - Legalized medical marijuana and CBD products that are approved by the FDA.

Utah - Legal to use CBD oil  with less than 0.3% THC. CBD edibles are illegal with the exception of gelatin cubes.

Rhode Island - Legalized medical marijuana and CBD products that are approved by the FDA.

Vermont - Legalized medical marijuana and CBD products that are approved by the FDA.

Wisconsin - The law is unclear on whether CBD products are legal or not  in Wisconsin. Possession of CBD products is considered a misdemeanor and is punishable by jail sentence. However the attorney general did advise law enforcement to not enforce this law. If you plan to use CBD oil in Wisconsin, we advise getting a physician’s certificate just in case. 

Illinois - Legalized medical marijuana and CBD products that are approved by the FDA.

North Carolina - Illegal to grow hemp but allowed for medical use as long as it has less than 0.9% THC. 

Michigan - Legalized medical marijuana and CBD products that are approved by the FDA.

Minnesota - Legalized medical marijuana and CBD products that are approved by the FDA.

South Carolina - CBD products are  legal in South Carolina as long as it's below 0.3% THC. Additionally, CBD for medical use is legal as long as it's below 0.9% THC levels. 

Missouri - Legalized medical marijuana and CBD products that are approved by the FDA.

South Dakota - CBD has recently been legalized in South Dakota. As long as the CBD product is approved by the FDA,it is legal in South Dakota.

Nebraska - Legalized medical marijuana and CBD products that are approved by the FDA.

North Dakota - Legalized medical marijuana and CBD products that are approved by the FDA.

Ohio - Legalized medical marijuana and CBD products that are approved by the FDA.

Oklahoma - Excluded the word “marijuana ” when it comes to defining CBD products approved by the FDA. CBD oil and products are legal as well as long as it's approved by the FDA and has less than 0.3% THC.

Arkansas - Legalized medical marijuana and CBD products that are approved by the FDA.

Delaware - Legalized medical marijuana and CBD products that are approved by the FDA.

Florida - Legalized medical marijuana and CBD products that are approved by the FDA.

Tennessee - CBD is legal if it's below 0.3% THC. However, CBD for medical use is legal as long as it's below 0.9% THC levels. 

Louisiana - Legalized medical marijuana and CBD products that are approved by the FDA.

Maryland - Legalized medical marijuana and CBD products that are approved by the FDA.

Georgia - Legal to use CBD products below 0.3 % THC levels.

Alaska - Legalized medical marijuana and CBD products that are approved by the FDA.

Arizona - Legalized medical marijuana and CBD products that are approved by the FDA.

California - Legalized medical marijuana and CBD products that are approved by the FDA.

Alabama - CBD products approved by the FDA  and have less than 0.3% THC levels are legal for recreational use in Alabama. 

Indiana - Legal to use CBD oil with no other controlled substances as well having below 0.3% THC levels.

Iowa - CBD products are legal if they are in accordance with chapter 124E of the Iowa Code.

Colorado - Legalized medical marijuana and CBD products that are approved by the FDA.

Hawaii - Legalized medical marijuana and CBD products that are approved by the FDA.

Kansas - Legal to use CBD products  if approved by the FDA. CBD products below  5% THC levels are also legal for medical use. 

Washington - Legalized medical marijuana and CBD products that are approved by the FDA.

West Virginia - Legalized medical marijuana and CBD products that are approved by the FDA.

Idaho - Legalized medical marijuana and CBD products that are approved by the FDA.

Kentucky - Excluded the word “marijuana” when defining CBD products for medical use.  CBD oil is legal for use as well as long as it has less than 0.3% THC.

Montana - Legalized medical marijuana and CBD products that are approved by the FDA.

Nevada - Legalized medical marijuana and CBD products that are approved by the FDA.

New Mexico - Legalized medical marijuana and CBD products that are approved by the FDA.

Oregon - Legalized medical marijuana and CBD products that are approved by the FDA.

Mississippi - Allows use of CBD oil and products with less than 0.3% THC levels as determined by the FDA. Medical patients can use CBD of higher concentrations up to 0.5%

The Difference Between THC & CBD

Cannabidiol (CBD) and tetrahydrocannabinol (THC) are both natural compounds found in the cannabis plant. Both of them share the same molecular structure of 30 hydrogen  atoms, 2 oxygen atoms , and 21 carbon atoms. 

They may have the same molecular structure but they are arranged differently causing them to have different effects on the body.  

Since both  of them are cannabinoids, they are beneficial to the body and they can help treat pain, seizures, and reduce anxiety. However, THC has some psychoactive effects and it is one of the main reasons why smoking weed or taking marijuana can get you high.

CBD on the other hand has no psychoactive effects which makes it safe to use and it's one of the reasons why it's approved by the FDA and being used to treat patients.

The Major Differences Between Marijuana & Hemp

Marijuana and Hemp are classifications used to broadly define the cannabis plant. Both of them are used to differentiate the different Cannabis  strains and species of cannabis plans although scientifically “hemp” and “marijuana” are neither strains nor species of the cannabis plant.

What differentiates them is the THC content of each plant. This is also why federal law places much importance on the source of the CBD products since one of them is legal (hemp)  while the other (marijuana) is not.

Marijuana

Mariujuana refers to varieties of the cannabis plant that have more than 0.3% THC. THC being psychoactive means that products derived from the marijuana plant can intoxicate its users or get them high.

Hemp

Hemp is  a broad term that  refers to varieties of the cannabis plant that have less than 0.3% THC. Because of its low THC content, it isn’t psychoactive and many products derived from hemp like CBD shows how useful it can be in treating various illnesses as well as relieving stress. 

The Future of Legal CBD & Hemp

Since the implementation of the Farm Bill, hemp derived products have been hitting the market in droves. Hemp products like CBD are very high in demand especially in the medical and nutritional field since CBD has tons of health benefits and is known to combat a lot of illnesses.

Tons of research is also being done on CBD and its role in combating neuropathic diseases. All we can say is, if the research holds fruit, then expect more CBD products in the future.

Can You Carry CBD on a Plane?

It depends on whether you’re flying domestically or internationally. 

For domestic flights, TSA guidelines state that as of January 2020, Consumers can carry and travel with  CBD products as long as they are approved by the FDA and contain less than 0.3% THC.

International flights are more tricky and it depends on the country that you will be traveling to. We strongly advise that you research the CBD laws of the country you are traveling to avoid problems.

Frequently Asked Questions

What is the FDA’s standards regarding CBD?

The FDA approves the use and distribution of CBD products with less than 0.3% THC.

What is the Farm Bill?

The Farm Bill is legislation passed every 5 years that determines the food and agricultural policy of the federal government. The 2018 farm bill legalized “hemp” which is a big step in the legalization of CBD products.

Are all CBD products approved by the FDA legal in all states?

No. Some CBD products like gummies and other edibles are illegal in some states.

Will we see more CBD products in the future?

It depends on the success of the current CBD products right now. Additionally, if more research about CBD and its properties turns out positive, we might see new CBD products on the market.

Resources

Avatar
About Keith Myers

Keith J. Myers is Editor in Chief of the Health Canal. He has overseen and directed the editorial growth and skill of this website since 2012. Before joining Health Canal, Keith was a writer and editor who covered topics in CBD, health, science, and wellness.