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CBD Laws In 2019 - State By State Guide

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In the United States, the laws governing the possession and sale of CBD are somewhat confused.

Prior to 2018, the situation was fairly cut and dry: CBD was federally illegal, and only available in limited states with a medical marijuana program which covered CBD products.

These restrictions were relaxed after the 2018 Farm Bill was signed into law. Building on definitions laid out in the 2014 Farm Bill, the 2018 Bill legalized industrial hemp farming and created a market for products derived from hemp -- including CBD.

While this new legislation created the opportunity for manufacturers and consumers to utilize CBD products throughout most of the United States, some states still have laws on the books which contradict this federal legislation.

Adding to the confusion is the source of CBD. The 2014 Farm Bill defined “hemp” as Cannabis Sativa plants containing 0.3% or less THC, and “marijuana” as Cannabis Sativa plants containing more than 0.3% THC. Based on the 2018 Farm Bill, only CBD products derived from hemp plants are legal to sell, possess, and use. This means that -- despite being the same substance -- the source of your CBD is the difference between  it being legal or not.


To get to the bottom of this, we’ve assembled this guide which breaks down the legality of CBD in all fifty states.

But first, let’s look at an important question…

Why Was CBD Ever Illegal?

CBD is pretty innocuous stuff. It doesn’t produce any type of “high” or intoxication, is very well tolerated (that is, not dangerous when ingested,) and can be very useful as a health supplement.

However, until 2018, CBD was a tightly regulated substance which was illegal to possess or manufacture across the United States. Why?

It all comes down to how CBD is produced. CBD is one of many compounds known as cannabinoids, which are found in the cannabis plant. Way back in 1937, the Marihuana Tax Act made the production, sale, and possession of Cannabis Sativa illegal.

Unlike our modern laws, the Marihuana Tax Act didn’t bother to differentiate between hemp and marijuana. Despite hemp being one of humanity’s oldest staple crops, it was criminalized in an effort to curtail recreational drug use. In 1970, the United States doubled down on this definition with the passage of the Controlled Substances Act, which classified cannabis as a Schedule I drug.

CBD itself was never the target of these laws. Instead, CBD’s more infamous cousin, THC, was the primary compound responsible for the “high” produced by marijuana -- the effect that these laws ostensibly sought to stamp out.

As such, it’s important to remember when we look at CBD’s checkered past that it was never really made illegal on its own merits. It was the broad, unexamined scope of anti-drug laws which lumped innocent hemp and CBD together with recreational drug use which brought the long-lasting prohibition to the United States.

2018 Farm Bill Legalized CBD Federally

2018 Farm Bill Legalized

The 2018 Farm Bill brought huge changes to the industrial hemp industry and gave birth to the nascent CBD supplement industry. 

While this legislation opened the doors for CBD, it didn’t settle the debate entirely. Individual states are still allowed to set their own laws regarding the production, sale, and possession of hemp and CBD.

As such, laws vary state by state in regards to the legality of CBD. 

Most states have responded positively to the new legislation. However, three states have enacted their own restrictions on hemp-derived CBD: Idaho, Nebraska, and South Dakota.

Idaho and Nebraska are the two states where CBD remains illegal across the boards, whether it is derived from hemp or marijuana. South Dakota remains in something of a legal grey area in regards to hemp-derived CBD, with it remaining technically illegal despite an amendment stating it can be used without a prescription.

Recreational and Medical Marijuana Laws

Recreation and Medical Laws

As of this writing, 11 states and Washington D.C. have legalized recreational marijuana.

In these states, individuals can purchase CBD derived not only from hemp plants, but also marijuana derived CBD products. These products must be purchased from a licensed marijuana dispensary. 

Similarly, states with an active medical marijuana program can sell marijuana derived CBD products to individuals with a valid medical marijuana license. These products must be purchased from a licensed medical marijuana dispensary. 

Because marijuana derived CBD products are not subject to the restriction of containing 0.3% or less THC, some of these products main contain psychoactive doses of THC. That means that some of these products may have the potential to produce an intoxicating high. Read the labels carefully and enquire with the dispensary staff to understand what you’re getting.

2019 CBD Laws in All 50 States

2019 CBD Laws

Let’s take a detailed look at the legal situation for all fifty states, as of 2019.

Note that the law is still evolving and is likely to change. For the most up to date information, consult your local laws from official state sources.

Alabama

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Illegal


Alabama embraced the 2018 Farm Bill, issuing a
Public Notice from the Attorney General’s Office in August 2019 stating that sale and possession of hemp-derived CBD products containing 0.3% or less THC was legal in Alabama.

Prior to this, Alabama had laws allowing CBD to be prescribed by doctors to patients suffering from certain forms of epilepsy.

Currently, recreational marijuana remains illegal in Alabama and the state has no medical marijuana program.

Alaska

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Legal


Alaska has had a medical marijuana program since 1998 and legalized recreational marijuana in 2014. CBD products have long been available from Alaskan dispensaries. 

After the 2018 Farm Bill was signed into law, the Alaskan government issued a Frequently Asked Questions page regarding industrial hemp. Although the page says that industrial hemp products cannot be grown, sold, or processed until the state implements new regulations regarding industrial hemp, this is not being enforced, making hemp-derived CBD effectively legal in Alaska, though it exists in something of a legal grey area until these regulations are officially implemented.

Arizona

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Uncertain

Illegal


Hemp-derived CBD is legal to purchase and possess in Arizona. 

In 2010, Proposition 203 legalized medical marijuana in Arizona. However, this law excluded cannabis extracts -- including CBD. This has created uncertainty in the law in regards to marijuana derived CBD, with some individuals possessing a valid medical marijuana permit being charged with criminal possession for marijuana derived CBD.

Arkansas

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Illegal


Arkansas
implemented a pilot program for industrial hemp production in 2017, before the 2018 Farm Bill was signed into law. Since the Farm Bill came into effect, possession and sale of hemp derived CBD has been legal in Arkansas.

Arkansas’ medical marijuana program, which began in 2016, allows for individuals with a valid medical marijuana permit to purchase marijuana derived CBD products from a licensed medical dispensary.

California

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Legal


While California has a long standing medical marijuana program and was among the first states to legalize recreational marijuana, selling hemp derived CBD remains something of a grey area in California law.

Although rarely enforced and never targeting individuals, California authorities have removed some hemp derived CBD products from the shelves of California stores which are not licensed marijuana dispensaries. Although hemp derived  CBD is effectively legal in California, as of 2019 California’s laws have lagged behind the changes introduced from the 2018 Farm Bill.

Marijuana derived CBD can be purchased by individuals at California’s many recreational marijuana dispensaries.

Colorado

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Legal

 

Both hemp- and marijuana-derived CBD products are legal across the board in Colorado.

Colorado was tied with Washington as the first state to legalize recreational marijuana in 2012. Marijuana derived CBD products have been available to recreational users since then. Prior to 2012, Colorado’s medical marijuana program allowed for individuals with a valid medical marijuana license to purchase CBD products.

Colorado has also whole-heartedly embraced industrial hemp and hemp derived CBD, with pro-hemp legislation and a program designed to promote industrial hemp.

Connecticut 

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Illegal


Hemp derived CBD is legal in Connecticut. Connecticut was ahead of the curve on industrial hemp, passing
legislation legalizing industrial hemp in 2015.

Marijuana derived CBD can be purchased under Connecticut’s medical marijuana program by individuals with a valid medical marijuana license. Connecticut legalized medical marijuana in 2012.

Delaware

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Illegal


Hemp derived CBD is legal in Delaware. Marijuana derived CBD was
explicitly legalized under the state’s medical marijuana program in 2015 and can contain up to 7% THC. Delaware’s medical marijuana program is reserved for sufferers of a limited number of conditions.

Florida

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Illegal


Hemp derived CBD is legal in Florida. Marijuana derived CBD can be purchased under the medical marijuana program
enacted by the state in 2017. Low THC cannabis products (with less than 0.8% THC and 10% or more CBD) can also be prescribed by doctors in Florida.

Georgia

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Illegal


Hemp derived CBD is legal in Georgia. 


Although the state signed into law a 2019 bill creating a medical marijuana program, as of this writing in 2019 the state’s medical marijuana program has yet to come into effect. However, the 2015 Haleigh’s Hope Act enabled doctors to prescribe marijuana derived CBD products containing less than 5% THC with a CBD concentration equal to or greater than the THC concentration. But without functional dispensaries, patients have been left without a legal means of acquiring these marijuana derived CBD products.

Hawaii

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Illegal


Hemp derived CBD is legal in Hawaii. The state has
created an industrial hemp pilot program to encourage hemp farming and the production of hemp derived products.

Marijuana derived CBD can be possessed under Hawaii’s medical marijuana program, which began in 2000. However, as of 2019 the state is just beginning to see its first medical dispensaries opening, which were illegal until 2015 and not officially green-lit until 2017.

Idaho

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Illegal

Illegal

Illegal


Idaho is among the three states where CBD remains illegal across the board.
According to Idaho’s controlled substance laws, all forms of the Cannabis plant are illegal, including hemp and products derived from hemp.

A 2015 opinion from Idaho’s attorney general stated that:

Assuming cannabidiol does not contain any THC (which is more than the undersigned knows), in order to not be deemed "marijuana" under Idaho Code§ 37-2701(t), it must be derived or produced from (a) mature stalks of the plant, (b) fiber produced from the stalks, (c) oil or cake made from the seeds or the achene of such plant, (d) any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, or (e) the sterilized seed of such plant which is incapable of germination.”

Under this definition, a form of CBD containing no traces of THC and produced under these conditions could be legal in Idaho. However, as this is at odds with the 0.3% or less THC hemp-derived CBD on the market today, and as such the type of hemp-derived CBD products legalized under the 2018 Farm Bill are not legal to sell or possess in Idaho.

Illinois

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Legal


Hemp derived CBD is legal in Illinois. The state
passed a law in 2018 explicitly legalizing hemp derived CBD products with 0.3% or less THC for sale and possession.

Marijuana derived CBD products can be purchased by individuals with a valid medical marijuana license, as per the state’s 2013 medical marijuana program. 

Illinois also legalized recreational marijuana, although this program does not go into effect until January 1st, 2020. Once the state’s recreational marijuana program is in effect, individuals will be able to purchase marijuana derived CBD products from one of the state’s licensed marijuana dispensaries. 

Indiana

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Illegal


Hemp derived CBD is legal in Indiana. In 2018, the state passed
Senate Bill 52, explicitly legalizing low THC hemp derived CBD products containing 0.3% or less THC.

Although Indiana does not have a medical marijuana program, marijuana derived CBD can be prescribed to patients with certain forms of epilepsy. 

Iowa

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Pending

Illegal


While hemp derived CBD is effectively legal in Iowa, the state does not have an industrial hemp program or laws explicitly legalizing hemp derived CBD. 

Iowa does not have a medical marijuana program and recreational marijuana remains illegal. However, the Iowa Department of Health is working on a medical CBD program, which will give patients suffering from specific conditions access to medical CBD.

Kansas

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Illegal

Illegal


Hemp derived CBD is legal in Kansas. In 2018, the state removed hemp derived CBD products containing 0.3% or less THC
from its controlled substances list, explicitly legalizing hemp derived CBD. Further embracing industrial hemp, Kansas created an industrial hemp program to encourage hemp farming and the production of hemp based products.

However, Kansas has no form of medical or recreational marijuana program, making marijuana derived CBD illegal in the state.

Kentucky

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Illegal


Hemp derived CBD is legal in Kentucky. A 2014 bill removed CBD from the state’s definition of marijuana products, allowing CBD to be studied and administered by doctors in the state for r
esearch purposes. This bill also paved the way for the sale and possession of CBD under the 2018 Farm Bill.

However, Kentucky does not currently have a medical marijuana program and recreational marijuana remains illegal in the state. While doctors and researchers can administer marijuana derived CBD, this is in very limited circumstances.

Louisiana

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Illegal


Hemp derived CBD is legal in Louisiana, although the state does not have any laws explicitly mentioning CBD on the books.

Medical marijuana was legalized in Louisiana in 2017, allowing individuals with a valid medical marijauan license to purchase marijuana derived CBD products from dispensaries.

Maine

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Legal


Both hemp and marijuana derived CBD products are legal in Maine. In 2016,
Maine legalized recreational marijuana. Hemp derived CBD products can be purchased freely in the state and marijuana derived CBD products are available at licensed marijuana dispensaries.

Maryland

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Illegal


Hemp derived CBD is legal in Maryland. In 2015,
the state enacted legislation to remove industrial hemp from the state’s definition of marijuana and controlled substances list. Maryland has instituted an industrial hemp program and passed several laws to encourage hemp production within the state.

Maryland also has an active medical marijuana program, allowing individuals with a valid medical marijuana license to purchase marijuana derived CBD products from a medical dispensary.

Massachusetts

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Legal


Both hemp and marijuana derived CBD products are legal in Massachusetts. In 2016, Massachusetts
legalized recreational marijuana. 

Hemp derived CBD products can be purchased from a variety of retailers or ordered online. Marijuana derived CBD products can be purchased from the state’s licensed marijuana dispensaries for individuals 21 or older.

Michigan

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Legal

 

Both hemp and marijuana derived CBD products are legal in Michigan. In 2014, Michigan passed a bill removing industrial hemp from its definition of marijuana. 

In 2018, the state legalized recreational marijuana.  Today, hemp derived CBD can be purchased from various retailers throughout the state and marijuana derived CBD can be purchased from the state’s licensed marijuana dispensaries.

Minnesota

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Illegal


Hemp derived CBD is legal in Minnesota. On the heels of the 2018 Farm Bill, Minnesota began
an industrial hemp pilot program.

Minnesota has had an active medical marijuana program since 2014. Under this program, individuals with a valid medical marijuana license can purchase marijuana derived CBD products from a licensed medical dispensary.

Mississippi

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Illegal


Hemp derived CBD is legal in MIssissippi, although the state does not have laws explicitly pertaining to hemp derived CBD.


Currently, Mississippi does not have a medical marijuana program. However, marijuana derived CBD products can be prescribed by a doctor to patients with certain forms of epilepsy. These products can contain no more than 0.5% THC and must contain 15% or more CBD.

Missouri

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Illegal

 

Hemp derived CBD is legal in MIssouri. The state has an active industrial hemp program encouraging the production of hemp and hemp derived products within the state.

Missouri began its medical marijuana program in 2018. Under the program, individuals with a valid medical marijuana license can purchase marijuana derived CBD products from a licensed medical dispensary.

Montana

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Illegal


Hemp derived CBD is legal in Montana. The state
offers an industrial hemp program to encourage farmers and manufacturers to produce industrial hemp and hemp derived products.

Montana’s medical marijuana program has been in effect since 2004. Under the program, individuals with a valid medical marijuana license can purchase marijuana derived CBD from a licensed medical marijuana dispensary.

 

Nebraska

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Illegal

Illegal

Illegal


Nebraska is one of three states where CBD remains illegal across the board. All forms of CBD remain restricted under
Nebraska’s Uniform Controlled Substances Act.

Although a 2015 law allowed limited use of CBD for epileptic patients in a controlled study of CBD, this law was strictly limited to a research program and expires in 2019. The only other form of CBD which can be used legally in Nebraska is an FDA approved drug known as Epidiolex, which can be prescribed for patients suffering from severe epilepsy. 

Nebraska does have an industrial hemp program, but until CBD is removed from the state’s Controlled Substances list, hemp derived CBD remains illegal in the state.

Nevada

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Legal


Both hemp and marijuana derived CBD products are legal in Nevada. In 2016,
Nevada legalized recreational marijuana.

Hemp derived CBD products can be purchased from various retailers across the state. Marijuana derived CBD products are available from the state’s licensed recreational marijuana dispensaries for individuals over 21.

New Hampshire

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Illegal


Hemp derived CBD is legal in New Hampshire. The state
began an industrial hemp program back in 2015, putting them ahead of the curve after the introduction of the 2018 Farm Bill.

Under New Hampshire’s medical marijuana program, which began in 2013, individuals with a valid medical marijuana license can purchase marijuana derived CBD products from the state’s licensed medical dispensaries.

New Jersey

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Illegal

 

Hemp derived CBD is legal in New Jersey, although the state does not have laws explicitly mentioning hemp derived CBD, nor does it have an industrial hemp program.

New Jersey began its medical marijuana program in 2009. Under this program, individuals with a valid medical marijuana license can purchase marijuana derived CBD products from the state’s licensed medical dispensaries.

New Mexico

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Illegal


Hemp derived CBD is legal in New Mexico. The state
implemented an industrial hemp program in 2017, ahead of the 2018 Farm Bill.

Medical marijuana has been legal in New Mexico since 2007. Under the state’s medical marijuana program, individuals with a valid medical marijuana license may purchase marijuana derived CBD products from the state’s licensed medical dispensaries.

New York

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Illegal


Hemp derived CBD is legal in New York. In 2015,
the state began its industrial hemp program and has expressed substantial support for industrialized hemp farming and the production of hemp products.

In 2014, New York began its medical marijuana program. Under the program, individuals with a valid medical marijuana license can purchase marijuana derived CBD products from one of the state’s licensed medical dispensaries.

North Carolina

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Illegal


Hemp derived CBD is legal in North Carolina. The state has shown substantial support for industrialized hemp, including
an industrial hemp pilot program to encourage farming and production of hemp products in the state.

North Carolina does not have a medical marijuana program. However, doctors within the state can prescribe marijuana derived CBD to patients with severe epilepsy. These products must contain 0.9% or less THC and a minimum of 5% CBD.

North Dakota

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Illegal


Hemp derived CBD is legal in North Dakota. The state
began an industrial hemp program in response to the 2014 Farm Bill, encouraging hemp production within the state.

Medical marijuana was legalized in North Dakota in 2016. Under the program, individuals with a valid medical marijuana license may purchase marijuana derived CBD products from one of the state’s licensed medical dispensaries.

Ohio

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Illegal


Hemp derived CBD is legal in Ohio. In July 2019, the Ohio governor Mike DeWine
signed a law explicitly legalizing the sale and possession of hemp and hemp products, including hemp derived CBD.

Ohio has a medical marijuana program dating back to 2016. Under the program, individuals with a valid medical marijuana license can purchase marijuana derived CBD products from state licensed medical dispensaries.

Oklahoma

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Illegal


Hemp derived CBD is legal in Oklahoma. In 2018, Oklahoma
explicitly legalized hemp derived CBD products with 0.3% or less THC, in response to the 2018 Farm Bill.

In the same year, Oklahoma began its medical marijuana program. Under the program, individuals with a valid medical marijuana license can purchase marijuana derived CBD products from the state’s licensed medical dispensaries.

Oregon

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Legal


Both hemp and marijuana derived CBD products are legal in Oregon. Oregon was among the earliest states to legalize recreational marijuana, creating their
recreational marijuana program back in 2014. 

Hemp derived CBD products can be purchased from various retailers across the state. Marijuana derived CBD products can be purchased from the state’s licensed marijuana dispensaries by individuals 21 and older.

Pennsylvania

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Illegal


Hemp derived CBD is legal in Pennsylvania. The state has an
active industrial hemp program, created in response to the 2018 Farm Bill, which encourages the farming and production of hemp and hemp based products in the state.

Pennsylvania also has a medical marijuana program, started in 2016. Under the program, individuals with a valid medical marijuana license may purchase marijuana derived CBD products from a state licensed medical dispensary.

Rhode Island

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Illegal


Hemp derived CBD products are legal in Rhode Island. The state has
an active industrial hemp pilot program designed to encourage the farming of hemp and the manufacture of hemp derived products in the state.

Rhode Island has also had an active medical marijuana program since 2007. Under this program, individuals with a valid medical marijuana license may purchase marijuana derived CBD products from a state licensed medical dispensary.

South Carolina

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Illegal


Hemp derived CBD is legal in South Carolina. The state has an active
industrial hemp program aimed at promoting the farming and production of hemp and hemp products within the state.

South Carolina does not have a medical marijuana program. However, it does have a law on the books which allows CBD products to be prescribed to patients suffering from severe forms of epilepsy. These products must contain 0.9% or less THC and 98% or more CBD.

South Dakota

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Illegal


Although South Dakota’s strict laws regarding cannabis created much legal confusion regarding hemp derived CBD,
an amendment issued in January 2019 clarified that hemp derived CBD is “not an issue,” effectively legalizing hemp derived CBD, despite contradictory laws.

South Dakota does not have a medical marijuana program. The only form of marijuana derived CBD legal in the state is the FDA approved drug Epidiolex, which can be prescribed by doctors to patients with severe epilepsy. 

Tennessee

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Illegal


Hemp derived CBD is legal in Tennessee. In 2014, the state updated its criminal code and
removed industrial hemp from its definition of marijuana.

Tennessee does not have a medical marijuana program. However, CBD can be prescribed by doctors to patients suffering from severe epilepsy. These products must contain 0.9% or less THC.

Texas

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Illegal


Hemp derived CBD is legal in Texas, however the state’s laws do not explicitly make room for hemp derived CBD, nor does the state have an industrial hemp program.

Texas offers a very limited medical marijuana program which provides medical marijuana for an extremely limited number of conditions. Under this program, individuals with a valid medical marijuana license may possess marijuana derived CBD products. Doctors may also prescribe marijuana derived CBD products to patients with severe epilepsy. 

Utah

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Illegal


Hemp derived CBD is legal in Utah. In response to the 2018 Farm Bill, Utah passed their
Hemp and Cannabidiol act, explicitly legalizing hemp derived CBD and other hemp products in the state.

Utah legalized medical marijuana in 2018, but the program does come into full effect until 2020. The state also offers a medical CBD program which allows hemp extracts with 15% or more CBD to be prescribed to epilepsy patients.

Vermont

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Legal


Both hemp and marijuana derived CBD products are legal in Vermont.
Vermont legalized recreational marijuana in 2018 and has created an industrial hemp pilot program to encourage the farming of hemp and production of hemp products in the state.

Hemp derived CBD may be purchased from various retailers throughout the state. Marijuana derived CBD products can be purchased from the state’s licensed marijuana dispensaries.

Virginia

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Illegal


Hemp derived CBD is legal in Virginia. The state
launched an industrial hemp program in response to the 2014 Farm Bill, putting them ahead of the curve for CBD’s federal legalization under the 2018 Farm Bill.

In 2018, Virginia expanded their medical CBD laws, allowing doctors to prescribe CBD products for any conditions they see fit.

Washington

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Legal


Both hemp derived and marijuana derived CBD products are legal in Washington.
Washington does not consider hemp with 0.3% or less THC to be a marijuana product, nor a controlled substance.

Washington was tied with Colorado as the first states to legalize recreational marijuana in 2012. 

Hemp derived CBD can be purchased from various retailers throughout the state. Marijuana derived CBD products can be purchased from Washington’s licensed marijuana dispensaries.

Washington, D.C.

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Legal


Both hemp and marijuana derived CBD products are legal in Washington, D.C..

Washington D.C.’s Initiative 71 made recreational marijuana legal in Washington, D.C. in 2014. 

Hemp derived CBD products can be purchased from various retailers throughout the state. Marijuana derived CBD products can be purchased from Washington D.C.’s licensed marijuana dispensaries.

West Virginia

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Illegal


Hemp derived CBD is legal in West Virginia. The state began its
industrial hemp program in 2016, hoping to encourage hemp farming and production of hemp products within the state.

West Virginia legalized medical marijuana in 2017, although as of 2019 the program has yet to come into full effect.

Wisconsin

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Illegal


Hemp derived CBD is legal in Wisconsin. The state began its
industrial hemp pilot program in response to the 2014 Farm Bill.

Wisconsin does not have a medical marijuana program. However, the state does allow the prescription of marijuana derived CBD products for patients suffering from severe epilepsy. 

Wyoming

Hemp Derived CBD

Medical Marijuana CBD

Recreational Marijuana

Legal

Legal

Illegal


Hemp derived CBD is legal in Wyoming. The state created an
industrial hemp farming program in 2019, but it has not come into full effect.

Wyoming lacks a medical marijuana program. However, a 2015 law allows for the prescription of marijuana derived CBD products to patients with severe epilepsy. These products must contain 0.3% or less THC and 5% or more CBD.

Stay Up To Date With Local Laws

Stay Updated CBD Law

The information above pertains to the legal situation as of this article’s publication date in 2019. This information is provided for educational purposes only.

Laws regarding CBD are evolving rapidly and are likely to change. Be sure to consult your local laws before making any decisions.


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