CBD Laws by State: Legal Status of 50 States in 2023
The legal history of cannabis or marijuana plant-based products has been evolving since the 1920s. There has already been much conflict over the legalization of cannabis in the USA. However, every state regulated cannabis as a drug by the mid-1930s.
Apart from the history of federal and state government legal contradiction, are Cannabis, Marijuana, Hemp, or CBD products legal in every state in the USA in 2023?
It’s true that more states are embracing the benefits of CBD or cannabidiol and some states still have strict restrictions regarding consumption of cannabis in any form.
So, is CBD legal in the US? Not entirely. That’s why understanding the CBD laws by state is required for anyone interested in its production, distribution, or consumption.
So, let’s learn more about the complex web of regulations surrounding CBD and explore the variations in laws of each state of the USA.
History of Cannabis Legalization in the United States
Is CBD legal in all states of the USA? Let’s learn chronologically from its history.
Do you know George Washington, the founding father and 1st president of America (1789-1797), used to grow hemp, a botanical class of Cannabis Sativa, as one of his three prime crops?
Of course, he didn’t do it to achieve the benefits of recreational or medicinal drugs of cannabis but rather as a cash crop. Then, he used hemp at Mount Vernon for rope, repairing fishing nets, and sewing bags.
However, William O'Shaughnessy introduced medicinal cannabis to the Western world and American pharmacies started selling cannabis in the 1850s.
Interesting Fact: American physicians opposed the Marihuana Tax Act of 1937 because the tax was enforced on the physician's prescribing cannabis, cannabis-selling pharmacies, and manufacturers.
Selling, producing, and manufacturing cannabis or marijuana was in the criminalization stage in the 20th century. During this period, the 1st and 2nd world Wars, the Mexican Revolution, and the Great Depression happened which eventually raised tensions and frustration.
All these triggered the citizens and influenced the attorneys, constitutions, and apparently, the manufacturers to move forward with the legalization process of cannabis as a medicinal drug. In 1966, California became the first state to legalize medical marijuana or CBD which encouraged other states to follow suit.
So, in 2016 most of the state's liberalized CBD or cannabis laws through decriminalization, primarily for medicinal purposes.
Is CBD legal in all states?
Not really. CBD isn’t legal in all 50 states. However, CBD products like CBD Syrup, CBD Rub, CBD Cream, or CBD Oil produced from hemp plants infused with only 0.3% THC which don’t have psychoactive effects are legitimate to use in most of the states in America.
Yet, the legitimacy of Marijuana-derived CBD is in the grey area. Note that, in 2018, a Farm Bill, a type of legislation, revised every 5 years to cover a wide range of programs from subsidies for farmers to consumer protection. Recent updates to this bill have legalized hemp cultivation, production, sale, and possession.
As a result, currently, Hemp-based CBD products are fully legal in 47 of the 50 U.S. states (leafwell 2022). However, marijuana-based products or cannabis products that have more than 0.3% THC have created some obscure areas in the legalization procedure.
Out of 47 CBD-legalized states, some states are restricted to manufacturing, selling, and consuming marijuana-derived CBD. But it is permissible to take hemp plant-extracted CBD. Some states are conditionally legalized for CBD.
CBD Laws by State: A State-by-State Analysis
So as we’ve discussed, some states have no restrictions on CBD sales. Also, the legality of CBD varies from state to state. 17 states are allowed for full legalization or permission to sell, consume, or cultivate CBD or marijuana-based products.
Other states have some sort of restrictions, or it is conditionally legal to produce, purchase, or sell CBD.
Fully CBD-Legal States
Both marijuana and hemp-derived CBD are permitted in 17 states which are considered CBD legal states.
The following states have the full right to sell CBD without any legal restrictions, or you can say it is fully legal in the following 17 states (CBD Legal States 2023 -Wisevoter, n.d.):
6. The District of Columbia
12. New Jersey
13. New York
States where CBD Use Is Conditionally Legal
As you already know different states have different CBD regulations. For instance, in some states, restrictions may apply to recreational CBD consumers. On the other hand, consumers who are the holders of medical marijuana cards might not face the same prohibition.
The following table shows a list of states where CBD use is conditionally legal (Laurence, 2023):
|State||CBD, Cannabis Legal Status||Conditions|
|Arkansas||Conditionally Legal||Cannabis-derived CBD oil that contains more than 0.3% THC is permitted with a medical marijuana license for certain conditions.|
|Alabama||Conditionally Legal||Cannabis-derived CBD oil that contains more than 0.3% THC is permitted with a medical marijuana license for certain conditions.|
|Delaware||Conditionally Legal||With a medical cannabis license, both adults and minors under 18 can legally use CBD oil made from cannabis.|
|Florida||Conditionally Legal||Only hemp-derived CBD products with less than 0.3% THC content are legal|
|Georgia||Conditionally Legal||For certain conditions, medical cannabis-derived CBD oil is legal; it must contain equal amounts of THC and CBD and cannot exceed 5% THC.|
|Hawaii||Conditionally Legal||Hemp-derived CBD oil is legal; cannabis-derived CBD oil is restricted to residents with a medical cannabis license.|
|Indiana||Conditionally Legal||All varieties are legal as long as the THC content does not exceed 0.3%.|
|Lowa||Conditionally Legal||With a medical cannabis license, CBD oil derived from cannabis that contains more than 0.3% THC is legal, though the accepted conditions are fairly limited.|
|Kansas||Conditionally Legal||All varieties are legal if there is no traceable THC content; medical CBD oil is legal with a license for specific conditions if THC does not exceed 5%.|
|Kentucky||Conditionally Legal||Hemp-derived CBD oil only|
|Louisiana||Conditionally Legal||CBD oil derived from cannabis is legal with a medical cannabis license, and any product labeled for "adult use" must contain more than 0.5 milligrams of THC.|
|Maryland||Conditionally Legal||CBD oil made from hemp and cannabis is now authorized, but some vendors may demand that customers be at least 21 years old to purchase.|
|Minnesota||Conditionally Legal||Cannabis-derived CBD oil is legal with a medical cannabis license for certain conditions; approved edible CBD products must be labeled and contain less than 0.3% THC.|
|Mississippi||Conditionally Legal||CBD oil from cannabis is legal with a medical cannabis license with limited conditions; must be obtained from the University of Mississippi; and cannot exceed 0.5% THC.|
|Missouri||Conditionally Legal||O.3% THC is legal for CBD Oil with a medical cannabis license.|
|New Hampshire||Conditionally Legal||Cannabis-derived CBD oil is legal with a medical cannabis license for specific conditions.|
|New Mexico||Conditionally Legal||Cannabis-derived CBD oil is legal with a medical cannabis license for specific conditions.|
|North Carolina||Conditionally Legal||Cannabis-derived CBD oil is legal with a medical cannabis license, but the program is limited to a small subset of study participants and patients with specific conditions.|
|North Dakota||Conditionally Legal||CBD oil with medical cannabis license for certain conditions|
|Ohio||Conditionally Legal||Hemp-derived CBD oil can not exceed 0.3% THC; cannabis-derived CBD oil is legal with a medical cannabis license for certain conditions.|
|Oklahoma||Conditionally Legal||CBD oil is legal with a medical cannabis license|
|Pennsylvania||Conditionally Legal||Medical cannabis licenses allow CBD oil over 0.3% THC for certain conditions.|
|Rhode Island||Conditionally Legal||CBD oil with more than 0.3% THC is permitted with a medical cannabis license for certain conditions.|
|South Carolina||Conditionally Legal||With a medical marijuana license, CBD oil exceeding 0.9% THC is legal; the list of qualifying conditions is very limited.|
|South Dakota||Conditionally Legal||Selling, buying, and carrying hemp-derived CBD oil and other CBD products with less than 0.3% THC is legal, but cannabis-derived CBD oil is illegal.|
|Tennessee||Conditionally Legal||Coming in 2024, it will be illegal to sell CBD to anyone under 21. CBD oil over 0.9% THC is legal with a medical cannabis license, but there are strict qualifying conditions.|
|Texas||Conditionally Legal||Low-THC (up to 1%) CBD oil for qualifying patients|
|Utah||Conditionally Legal||Medical cannabis licenses allow CBD oil for certain conditions.|
|West Virginia||Conditionally Legal||CBD oil with medical cannabis license for certain conditions|
|Wisconsin||Conditionally Legal||CBD oil with medical cannabis license for certain conditions|
|Wyoming||Conditionally Legal||Legal if THC is less than 0.3%|
States Where CBD Is Illegal
There are only two CBD illegal states in the United States of America where using CBD is prohibited. Especially, CBD hemp, considered to contain the lowest amount of THC, is illegal to sell and use in these two states.
According to the state law of Idaho, any CBD product made from hemp should contain zero THC to be judged as legal. Besides, under Idaho codes 37-2701 act, CBD should be classified as “not marijuana”.
On May 30, 2019, the Nebraska state government passed a bill to decriminalize Hemp Plant-based CBD. But theoretically, CBD is banned in Nebraska. However, Nebraska LB 657 eliminated Hemp plant-based products from the controlled substances list.
Still, In Nebraska, CBD stores can sell CBD products that contain less than 0.3% THC. However, they should maintain strict manufacturing, testing, and delivery procedures.
⇒ Read More: Is CBD legal in Michigan?
Frequently Asked Questions (FAQs)
Here are some queries that are mostly asked by U.S. searchers about “CBD laws by state”. We’ve answered those queries for their convenience.
1. What states is CBD illegal?
Hemp-based CBD with less than 0.3% THC for the use of medical purposes is legal in every state in the United States of America. However, there are two states Idaho, and Nebraska that are quite strict about cannabis laws. Technically, they have declared CBD illegal in their states.
2. What states is CBD legal?
CBD is legal in almost every state (47 states out of 50) in the USA with some legal conditions. But, if you’re trying to buy marijuana CBD, or CBD that has more than 0.3% THC without any prior medical conditions, then it might be considered illegal for you depending on the state government law.
3. Is CBD legal in Nevada?
Yes. CBD is legal in Nevada. You can purchase recreational marijuana, CBD products, and hemp products without any legal prohibition from Nevada-licensed dispensaries.
4. Is CBD legal in Oklahoma?
Buying Hemp-based CBD in Oklahoma is as easy as buying candy. But it is not fully legal. Only hemp-based CBD oil is legal in Oklahoma with a medical cannabis license. Other than this, there is no state legislation to regulate Hemp-based products in Oklahoma.
5. Is CBD legal in Wyoming?
Wyoming is one of the conditionally legal states for CBD. You can purchase CBD oil (Hemp-based) which contains less than 0.3% THC. Note that marijuana-extracted CBD oil isn’t legal in Wyoming. It apparently means weed or marijuana is illegal in Wyoming.
Most of the states in the US are quite flexible regarding CBD products if they are derived from the Hemp plant and contain a tiny amount of THC. However, in the case of marijuana-based CBD products, federal governments have strict guidelines.
Although some states (e.g., Michigan, Alaska, and California) allow buying any form of marijuana or cannabis under certain conditions. In this scenario, CBD laws by state are pliable enough to give the freedom of CBD cultivation, consumption, and selling.
However, much research is required to be conducted on CBD-related products to extend and modify the legal framework for the consumers of CBD.
Legal history of cannabis in the United States. (2023, August 27).
Leafwell. “Is CBD Legal in All 50 U.S. States?” Leafwell, Leafwell, 5 Jan. 2022, https://leafwell.com/blog/is-cbd-legal
CBD Legal States 2023 - Wisevoter. (n.d.). Wisevoter. Retrieved August 30, 2023,