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Is CBD Legal in All States? [2021 Updated Explanation]

is-cbd-legal-in-all-states?-[2021-updated-explanation]

The past year was filled with progress and accomplishments throughout the CBD market. Oddly enough, however, the big question still looms for many individuals across different parts of the US: is CBD legal in all states?

Unfortunately, as with many of the big questions surrounding CBD, the answer is not as straightforward as a simple yes or no. The legality of CBD varies from state to state, but one of the key determining factors across all states is whether the CBD product in question has been derived from marijuana or hemp.

Although marijuana and hemp are closely related, they’re classified differently under state and federal law.

Although these two plants (marijuana and hemp) are closely related, they’re classified differently under state and federal law. Understanding this difference is vital when it comes to the legal use of CBD – no matter which state you live in.

Below, we try to set straight some of this ongoing confusion and provide a simple, easy-to-read guide on the legality of CBD in all 50 states.

Is CBD Legal in All 50 States?

Because of its close association with marijuana, CBD has developed a confusing and, at times, even contradictory legal history in the US. Additionally, there is a lot of misinformation out there complicating the issue further.

So is CBD oil legal in all 50 states? The answer is more straightforward than many believe. Generally speaking, there are two instances in which individuals can legally obtain CBD in their home state:

  • If the CBD products are derived from hemp
  • If the state has a medical cannabis program

To be considered hemp, a cannabis plant’s THC level must not exceed 0.3%. Any cannabis plant that contains more than 0.3% THC is considered marijuana. In short, hemp cannot get you high, and you can legally obtain hemp-derived CBD products throughout the United States.

The other scenario in which one can legally obtain CBD is if their state has a medical cannabis program. These programs allow qualified patients to access cannabis and CBD products from state-approved dispensaries after being certified by a qualified medical professional.

States with medical cannabis programs have passed legislation through their government to legalize the use of cannabis (and therefore, CBD) for medicinal use. Each state runs its medical cannabis program independently and has unique rules about who can sell, grow, and use medical cannabis. Therefore, it’s important to keep up to date with each state’s medical marijuana legislation.

Related article

CBD Oil Legal States: The Complete Rundown for 2021

The list of states where CBD is legal keeps growing. Thirty-five states plus Washington D.C. have passed medical cannabis laws (including 15 states and the country’s capital, where medical and recreational use is legal).

Individuals who don’t reside in one of these states will have to go down the avenue of using hemp-derived CBD products. Below, we will take a look at the complete rundown of states where CBD is legal.

Alabama

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No*
  • Date of Legalization – n/a
  • Additional Information/Links – Alabama

Alaska

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 1998
  • Additional Information/Links – Alaska

Arizona

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 2010
  • Additional Information/Links – Arizona

Arkansas

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 2016
  • Additional Information/Links – Arkansas

California

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 1996
  • Additional Information/Links – California

Colorado

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 2000
  • Additional Information/Links – Colorado

Connecticut

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 2012
  • Additional Information/Links – Connecticut

Delaware

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 2011
  • Additional Information/Links – Delaware

Florida

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 2016
  • Additional Information/Links – Florida

Georgia

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – n/a
  • Additional Information/Links – Georgia

Hawaii

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 2000
  • Additional Information/Links – Hawaii

Idaho

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No
  • Date of Legalization – n/a
  • Additional Information/Links – Idaho

Illinois

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 2013
  • Additional Information/Links – Illinois

Indiana

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No*
  • Date of Legalization – n/a
  • Additional Information/Links – Indiana

Iowa

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No*
  • Date of Legalization – n/a
  • Additional Information/Links – Iowa

Kansas

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No*
  • Date of Legalization – n/a
  • Additional Information/Links – Kansas

Kentucky

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No*
  • Date of Legalization – n/a
  • Additional Information/Links – Kentucky

Louisiana

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 2016
  • Additional Information/Links – Louisiana

Maine

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 1999
  • Additional Information/Links – Maine

Maryland

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 2014
  • Additional Information/Links – Maryland

Massachusetts

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 2012
  • Additional Information/Links – Massachusetts

Michigan

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 2008
  • Additional Information/Links – Michigan

Minnesota

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 2014
  • Additional Information/Links – Minnesota

Mississippi

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 2020
  • Additional Information/Links – Mississippi

Missouri

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 2018
  • Additional Information/Links – Missouri

Montana

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 2004
  • Additional Information/Links – Montana

Nebraska

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No*
  • Date of Legalization – n/a
  • Additional Information/Links – Nebraska

Nevada

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 2000
  • Additional Information/Links – Nevada

New Hampshire

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 2013
  • Additional Information/Links – New Hampshire

New Jersey

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 2010
  • Additional Information/Links – New Jersey

New Mexico

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 2007
  • Additional Information/Links – New Mexico

New York

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 2014
  • Additional Information/Links – New York

North Carolina

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No*
  • Date of Legalization – n/a
  • Additional Information/Links – North Carolina

North Dakota

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 2016
  • Additional Information/Links – North Dakota

Ohio

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 2016
  • Additional Information/Links – Ohio

Oklahoma

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 2018
  • Additional Information/Links – Oklahoma

Oregon

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 1998
  • Additional Information/Links – Oregon

Pennsylvania

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 2016
  • Additional Information/Links – Pennsylvania

Rhode Island

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 2006
  • Additional Information/Links – Rhode Island

South Carolina

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No*
  • Date of Legalization – n/a
  • Additional Information/Links – South Carolina

South Dakota

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 2020
  • Additional Information/Links – South Dakota

Tennessee

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No*
  • Date of Legalization – n/a
  • Additional Information/Links – Tennessee

Texas

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No*
  • Date of Legalization – n/a
  • Additional Information/Links – Texas

Utah

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 2018
  • Additional Information/Links – Utah

Vermont

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 2004
  • Additional Information/Links – Vermont

Virginia

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 2020
  • Additional Information/Links – Virginia

Washington

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 1998
  • Additional Information/Links – Washington

West Virginia

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – Yes
  • Date of Legalization – 2017
  • Additional Information/Links – West Virginia

Wisconsin

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No*
  • Date of Legalization – n/a
  • Additional Information/Links – Wisconsin

Wyoming

  • Hemp CBD Products Available – Yes
  • Medical CBD Cannabis Oil Available (w/ Qualifying Condition) – No*
  • Date of Legalization – n/a
  • Additional Information/Links – Wyoming

(*) This state does NOT currently have an operational medical marijuana program. However, medical-grade CBD cannabis oil may be available through doctor recommendations for select qualifying conditions. For more information, please check the relevant link for each state.

Final Thoughts: CBD Legal Status by State

With all of the differing rules and regulations, not to mention misinformation floating around the web, it can be difficult to keep track of the CBD legal status in each state. Hopefully, this guide has cleared things up a bit and provided a much clearer idea of whether or not CBD is legal in your state.

CBD can be legally obtained as long as it is derived from hemp plants and contains a THC concentration of 0.3% or less.

Basically, CBD can be legally obtained in all 50 states as long as it is derived from hemp plants and contains a THC concentration of 0.3% or less. Alternatively, it is possible to get CBD products through some states’ medical cannabis programs, depending on the state-specific rules and regulations.

Related article

The post Is CBD Legal in All States? [2021 Updated Explanation] appeared first on WayofLeaf.