Despite being 100% federally legal in all 50 states, hemp-derived CBD oil is still sparking a major controversy in the mainstream media… and, indeed, in everyday life.
As is the case with pretty much everything in our great ol’ nation, some see CBD as a harmless (and beneficial) substance, while others view it as a gateway drug that needs to be stomped out.
You can guess our stance on this, right?
Here at Kind Hemp, we firmly believe that CBD oils and tinctures have a place in everyone’s life — you’re depressed? CBD can help. You’re in pain? Again, CBD can help. You need a pick-me-up that you can use every day without any consequences? Yes, CBD can help!
The US federal government (and states) have recently recognized the benefits of hemp and hemp derivatives but there’s still some confusion over the legality of CBD oil. The purpose of this post is to give insight into current laws and legislation concerning CBD so that you’re fully aware of your rights (and the limits of those rights). After we deal with CBD laws in the US, we’ll move on to a handful of other countries so that you’re familiar with their legislation before traveling.
Let’s dig in!
Complications with CBD Legality in the US
To avoid further confusion, it is important to note the difference between CBD derived from marijuana plants, and CBD from hemp plants.
Strains of cannabis from which the CBD is derived need to contain less than 0.3% THC in order for it to be legal. This amount of THC will not get you high so it can be bought and consumed legally. However, CBD derived from strains with higher THC levels than 0.3% is still illegal in some states and countries.
Since the Hemp Farm Act of 2018 was passed, hemp products have been removed from the Controlled Substances Act, and are now on the road to a brighter future.
Below, we will go into the details of state laws regarding CBD. However, if you want to check the legality of CBD at a glance, here’s a useful visual aid:
Alabama (Hemp CBD Legal)
Alabama CBD laws follow the rules enforced by the “Farm Bill” in 2014. CBD laws in Alabama dictate that a person needs to enroll in the “CBD study program” at the University of Alabama’s Department of Neurology and get a certified medical prescription to legally obtain their product.
Alaska (Hemp CBD Legal)
Possession hemp-derived CBD oil is legal in Alaska, and there are no limits to the quantities. Additionally, both medical and recreational marijuana use are also legal (as of November 2014) but there’s a hard limit to what you can buy – 1oz per day or you’re looking at fines and penalties ranging from $1000 to $100,000 or between 1 or 5 years of imprisonment (for a felony crime of carrying more than 40oz of marijuana).
Arizona (Hemp CBD Legal)
In 2010, the Arizona Medicinal Marijuana Act was passed with barely a majority of 50.13% votes. Hemp based products are legal in Arizona under the Federal Law in the United States. However, possession of marijuana and CBD is only allowed for medical purposes via a doctor’s prescription. Recreational use, selling, and even sending as a gift is still prohibited.
Arkansas (Hemp CBD Legal)
Arkansas has started its medicinal marijuana program in 2016 after the Arkansas Medical Marijuana Amendment was passed. Much like in Arizona, exclusively hemp-based products are available to buy legally only for medicinal purposes in maximum amounts of 2.5oz every 14 days. Recreational use is still prohibited.
California (Hemp CBD Legal)
In 2016, California voters issued Proposition 64 to legalize the recreational use of CBD. In 2018, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) was passed, making CBD products available to everyone over the age of 21.
Colorado (Hemp CBD Legal)
The citizens of the Centennial State have been legally consuming marijuana since 2001.
In 2012, after the successful passing of Amendment 64, state officials legalized the cultivation and trade of marijuana. As for hemp-derived CBD oil, it’s legal as long as it does not contain more than 0.3% of THC.
Connecticut (Hemp CBD Legal)
In 2012, Connecticut issued the Act Concerning the Palliative Use of Marijuana making hemp-derived products legal for medicinal use via doctor’s prescriptions. As of September 2018, under Federal Law, CBD products with no more than 0.1% of THC are legal as long as the product is FDA approved.
Delaware (Hemp CBD Legal)
Since 2014 when the Farm Bill was passed, the cultivation and purchase of CBD products in Delaware, be it online or from stores, is legal without any prescriptions as long as they are derived from hemp plants.
Florida (Hemp CBD Legal)
A 2014 legislation states that in order to legally buy CBD oil in Florida, you must have a doctor- recommended medicinal marijuana card (MMJ card.) However, some companies in Florida manufacture high-quality CBD oils which can be bought even without an MMJ card.
Georgia (Hemp CBD Legal)
After the 2015 Haleigh’s Hope Act was passed, hemp-based CBD was declared legal in Georgia exclusively for purposes of medical treatment.
Hawaii (Hemp CBD Legal)
Hemp-derived CBD oil can be purchased legally in Hawaii. It can be bought in wellness stores, food shops, and even gas stations — you won’t find the same quality everywhere so pick your supplier with care.
Idaho (Hemp CBD Restricted)
Idaho state law classifies CBD oils as illegal, regardless of THC percentage. The current Farm Bill that’s being discussed in the Senate leaves room for hope, though, and legalization proponents are hoping that the Governor will greenlight it.
Illinois (Hemp CBD Legal)
CBD products are legal in Illinois, be it for medical patients or recreational users, as long it is derived from hemp. However, if you want to grow your own cannabis (marijuana and hemp), you need to have a license from the state.
Indiana (Hemp CBD Legal)
Hemp-derived CBD oils are legal in Indiana thanks to the 2018 Senate Bill 52. Retailers need to have a certificate that proves that their product is, in fact, derived from hemp and not cannabis in disguise. Violation of this law includes a fine of $10,000 and up to 6 years of prison time.
Iowa (Hemp CBD Legal)
If you’re a medical patient registered by the state, you can buy CBD products legally in Iowa, since the Iowa Industrial Hemp Act is pending Governor’s approval.
Kansas (Hemp CBD Legal)
CBD can be purchased in shops all over Kansas thanks to the 2018 Senate bill which legalized all CBD products derived from hemp plants. A valid ID is necessary to show that the buyer is older than 18 years of age.
Kentucky (Hemp CBD Legal)
The 2017 Kentucky House Bill states that it is legal to buy, consume and sell hemp-derived CBD products in the state of Kentucky. There are not that many CBD stores in Kentucky, therefore online purchasing is a much more convenient option.
Louisiana (Hemp CBD Legal)
CBD is legal in Louisiana for both medical and recreational use. However it is strictly illegal to put it in food and/or alcoholic beverages. Wide varieties of CBD products can be found in shops all over the state.
Maine (Hemp CBD Legal)
All hemp-derived CBD products are fully legal in Maine for both medicinal and recreational usage. The same goes for marijuana-derived CBD. It was first legalized back in 2009, and since the passing of the US Farm Bill in 2018, the legalization has been vastly expanded.
Maryland (Hemp CBD Legal)
After legalizing medicinal marijuana back in 2014 through Senate Bill 580, Maryland officials have gained insight into the potentials of hemp-derived product industry. CBD products are legal with both high and low THC percentages, although the ones with higher levels of THC are only obtainable with a medical referral.
Massachusetts (Hemp CBD Legal)
As long as the CBD is derived from hemp plants, it is completely legal to buy and consume and even mail and transport across the state borders (mailing is legal as long as the product contains no more than 0.1% THC).
Michigan (Hemp CBD Legal)
As of 2018, hemp-derived CBD is legal for both medical and recreational use. It is obtainable through both online vendors and physical stores. The usage of CBD in foods and drinks is still illegal.
Minnesota (Hemp CBD Legal)
Minnesota’s response to the 2018 nationwide increase in interest in hemp-derived CBD products resulted in a thriving industrial hemp pilot program. This program allowed cultivators and manufacturers to legally sell hemp products on the condition that it contains less than 0.6% of CBD.
Mississippi (Hemp CBD Legal)
In 2014, “Harper Grace’s Law” was signed by Mississippi governor Phil Bryant, thus legalizing CBD products which contain more than 15% of CBD and less than 0.5% of THC.
As for availability, it is a much more convenient option to order your products online, since the CBD distribution in Mississippi is scarce.
Missouri (Hemp CBD Legal)
Medical CBD products are legal in Missouri as of 2014, but can only be obtained via doctor’s referral as stated by the House Bill 2238. All other types of CBD can be found in convenience stores, wellness stores, and gas stations.
Montana (Hemp CBD Legal)
CBD oil derived from hemp plants is legal in Montana. It can also be legally transported across state borders as long as the product is approved by the FDA (has less than 0.1% of THC).
Nebraska (Hemp CBD Legal)
Despite Nebraska’s mainly hostile attitude towards the legalization of marijuana and the lack of any medical marijuana programs, CBD is actually legal as long as it is derived from hemp.
Nevada (Hemp CBD Legal)
The legality of CBD products in Nevada depends on their plant of origin. If the CBD is hemp-derived, it is legal for recreational use, whereas CBD from cannabis is legal exclusively for medicinal purposes.
New Hampshire (Hemp CBD Legal)
Back in 2013, a medicinal program was launched in New Hampshire which made it possible for patients to get their hands on medicinal CBD as long as they have a valid prescription. After an increase in public interest, New Hampshire officials have started an industrial hemp pilot program which allowed companies to legally manufacture CBD products.
New Jersey (Hemp CBD Legal with Prescription)
Finding CBD products in New Jersey legally is practically mission impossible since cannabis or hemp legalization programs are almost non-existent. Passed in 2009, Senate Bill 119 is currently the only gateway for people to obtain CBD legally, and it is only manageable with a doctor’s prescription.
New Mexico (Hemp CBD Legal)
Due to the increasing demands for the legalization of hemp-derived products all over the country, In 2017, New Mexico officials have issued a hemp pilot program established by the Senate Bill 6. Hemp-derived CBD can be found in multiple stores all across the state, and can legally be sold to people over eighteen years old. As for high THC level products, a doctor’s prescription is needed.
New York (Hemp CBD Legal)
Senate Bill 7047 from 2014 has allowed growing of industrial hemp with the purpose of business research for farmers. It is available in several dispensaries in limited availability and with referrals from doctors. Consuming the product publicly is still illegal as stated by the NY Public Health which classifies CBD as a psychotropic substance.
North Carolina (Hemp CBD Legal)
Hemp-derived CBD is legal in North Carolina, although some dispensaries are having trouble with getting batches of products for further sale. It is also legal to mail, but only products approved by the FDA (THC levels no higher than 0.1%)
North Dakota (Hemp CBD NOT Legal)
The legality of CBD products in North Dakota depends on the outcomes of the Industrial Research Pilot Programs currently run by the ND Department of Agriculture. So far, 27 producers are participating.
Ohio (Hemp CBD Legal)
Hemp-derived CBD is legal in the state of Ohio. The product is available in multiple stores, as well as online. It is also legal to grow, sell and mail the product as long as it is approved by the FDA.
Oklahoma (Hemp CBD Legal)
Oklahoma citizens can legally purchase CBD for both recreational and medical purposes, even though the industrial and medical programs have not yet been put into action.
Oregon (Hemp CBD Legal)
While Oregon has somewhat strict regulations on cannabis CBD which is only legal for medical purposes, hemp products are legal for recreational use. You can buy CBD products in special dispensaries with an OLCC license.
Pennsylvania (Hemp CBD Legal)
Pennsylvania law states that all hemp-derived CBD is legal, but it is apparently hard for some stores to get their supplies in bulk.
South Carolina (Hemp CBD Legal
Following the 2014 “Julian’s Law”, residents of South Carolina were able to gain access to medicinal high THC level CBD, but only with medical prescriptions. In 2016, the Industrial Pilot Hemp program was issued and CBD became legal for everyone as long as it is derived from hemp plants and contains a low level of THC.
South Dakota (Hemp CBD NOT Legal)
CBD oil is unfortunately not legal in South Dakota because it is viewed by the state officials as a controlled substance.
Tennessee (Hemp CBD Legal)
Hemp-derived CBD is legal in Tennessee, but the availability of certain brands in stores is scarce. Buying your product online is definitely a better option.
Texas (Hemp CBD Legal with Prescription)
Texas laws concerning CBD are a bit more complex than in some other states. The product is legal only to certain medical patients with epilepsy which has proven to be “treatment resistant”, and only with a referral from a doctor.
Utah (Hemp CBD Legal)
Hemp-derived CBD is legal in Utah, while cannabis derived CBD is legal only for medical purposes. As for medicinal CBD derived from cannabis, it only applies to patients who suffer from intractable epilepsy and are eligible for treatment.
Vermont (Hemp CBD Legal)
Hemp CBD (and marijuana for that matter) is legal in Vermont, but only for people older than 21 and sold in licensed dispensaries. The possession limit is one ounce per person, and a maximum of two adult plants are allowed for home growth.
Virginia (Hemp CBD Legal)
In Virginia, hemp-derived CBD is legal, while marijuana CBD acquisition requires special licenses from the state.
Washington (Hemp CBD Legal)
Cultivation of industrial hemp has been legalised in Washington after Senate Bill 6206 was passed in 2016, making hemp-derived CBD legal. Citizens of Washington can find their products both in numerous dispensaries and online.
West Virginia (Hemp CBD Legal with Prescription)
Despite being against legalizing cannabis and its related compounds in the past, West Virginia has recently approved the use of medicinal marijuana for the treatment of certain illnesses.
Hemp-derived CBD is legal only for medical purposes.
Wisconsin (Hemp CBD Legal)
CBD is legal in Wisconsin and it is sold in various forms of products such as tea, coffee, candy, capsules, tinctures and more.
Wyoming (Hemp CBD Legal with Prescription
Wyoming is known to have quite a tight grip concerning their law enforcement on CBD. CBD consumers of Wisconsin have become much more cautious since hearing about a person from a different state being charged with a felony after the police found a small bottle of CBD oil in their possession. Since 2015s House Bill 32 was passed, CBD is legal for consumption only by patients suffering from severe seizures.
CBD Laws in Other Countries
If you are traveling around the world with your CBD medications, you should be mindful of foreign policies on the substance to avoid any potential legal repercussions which could ruin your trip.
Mexico does not classify CBD as a medical substance, and therefore it can be bought from brick-and-mortar vendors without any prescriptions necessary.
CBD has been legal in Argentina since 2017, but only with a medical prescription (same goes for medicinal marijuana).
In 2015, Brazil officials declared CBD a controlled substance. It is legal only for medicinal purposes, while recreational use is not tolerated. It is also not yet known whether foreign prescriptions are acceptable.
In Australia, CBD can only be acquired via medical prescriptions, which has caused an emergence of the black market for the product. This has caught the eye of the Australian government, and the legalization of CBD is currently being discussed.
CBD in Germany is sold for recreational purposes only in the form of extracts with THC levels lower than 0.2%. A prescription and a marijuana card are required if you wish to purchase medicinal CBD products.
Only CBD oils with 0% THC are legal for sale in France.
Just like France, the UK tolerates only CBD with absolutely 0% THC levels.
The law in the Netherlands states that cannabis is legal to carry in amounts up to 5g, and it is legally sold in coffee shops. CBD can be legally bought, but not in the form of oils because the law prohibits cannabinoids from being isolated from cannabis plants.
Adults over 18 years old can possess up to 3mg of cannabis without being charged by law. Due to laws from 1912, CBD is illegal in Belgium without prescriptions. Products are available in numerous health food stores.
Selling hemp-derived CBD in Italy is legal, but only in THC levels which are less than 0.6%. This does not account for smokable cannabis.
CBD in Greece is legal if it comes from industrial hemp and the concentration of THC does not exceed 0.2% at any point during production. Safe to travel to Greece with CBD sold in the UK.
Traveling to Denmark with CBD is definitely not to be encouraged since their laws enforce strict regulations towards the substance. CBD is illegal even at THC levels as low as 0.2%. Only Danish citizens can apply to the pilot scheme passed in 2018 with licensed medical prescriptions.
CBD in Finland is classified as a medicine, so a medical prescription from a doctor is required.
Norway’s law on CBD is pretty much on par with some EU countries despite Norway not being a part of it. CBD is legal but without any traces of CBD in it.
CBD is legal, but without traces of THC in it. Selling consumable CBD products is illegal without a license from the Medical Products Agency.
All hemp and CBD related products are legal in Croatia as long as they have less than 0.2% THC and you can safely import and buy hemp and CBD here.
Cultivation of hemp plants is allowed, but isolating cannabinoids from the plant is illegal. However, some vendors still sell CBD products, although the penalties are strict.
Despite Japan’s rigorous stance on illicit substances, CBD is available to buy online and offline alike. However, THC levels need to be below 0.03%.
China does not count CBD as a narcotic, and it is legal only in THC levels lower than 0.3 %. It is legal to use in cosmetics, but not in foods and/or drinks.
In Canada, CBD can be purchased only with a medical prescription, because the Canadian Cannabis Act from 2018 states that only dried, fresh, oil or seed is legal, while CBD is considered an extract.
Traveling to Africa with CBD products is not encouraged because the CBD market is fairly scarce. Only Zimbabwe and Lesotho have legalized cannabis, but with very limited access.
CBD Laws Are Constantly Changing (For the Better)
… but that still doesn’t mean that you can be nonchalant when it comes to usage.
As a relatively new substance (or at least, recently legalized one), there’s still a lot of ambiguity when it comes to CBD in the US. If you want to be on the safe side, always make sure that you use only hemp-derived CBD products that contain minimal amounts of THC.
Likewise, when you’re traveling abroad, carefully scrutinize each country’s policies on CBD. This will help you avoid misunderstandings and legal misfortunes which could end up costing you money and time (and, in some cases, see you doing serious time).
If you’re looking for top-quality hemp-derived CBD products, make sure to check out our collection of tinctures, salves, oils, and vapes. For any and all questions, drop us a line — our team will be happy to answer everything you throw at them (whether that is a question about CBD laws or which type of product is best for your needs).