Is CBD Oil Legal? A State by State Legal Status of CBD in 2019

Is CBD Oil Legal

CBD oil may be the most controversial natural medication to date. It is not a question of how effective it is; some people believe that it is addictive… and illegal.

Yes, even at this point in time, people still believe what they know ages ago is still applicable today. So, logically, since they know marijuana is illegal and CBD oil is extracted from it, then CBD oil must be illegal.

Others say that what you don’t know can’t hurt you. I say it’s better knowing than missing out. This article will help you understand the actual status of CBD oil legally. Let’s dig deeper to know if CBD oil is legal in the United States and in other countries.

Differences Between Hemp-Derived and Marijuana-Derived CBD

First, let’s identify the difference between hemp and marijuana CBD extracts. This is important because the existing regulations are very specific.

While both plants are under the same Cannabis sativa species, they actually have a lot of differences. Now, this is a little bit tricky, so you better read carefully.

Hemp-derived CBD

Hemp-derived CBD, as what it is called, is from industrial hemp plants. The extraction mainly comes from the seeds and the fibers of the plant.

THC or tetrahydrocannabinol is the psychoactive component that can be found in the cannabis family, but each plant has different concentrations. The hemp plants contain less than one percent of THC in it.

Marijuana-derived CBD

On the other hand, marijuana-derived CBD is an extraction from marijuana flowers. THC is more predominant on this plant than with hemp.

However, marijuana still contains a respectable amount of CBD strains. Since it is from marijuana and it has more than 0.3% of THC in it, marijuana-derived CBD is usually considered illegal in some places.

To make it easier to understand, let’s

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Hemp-Derived CBD Marijuana-Derived CBD
Extracted from fibers and seeds Extracted from flowers
Has zero to 0.3% THC Has more than 0.3% of THC
Can be bought online Can be hard to purchase
Legal in all 50 states Federally illegal
Provides relief with CBD Provides relief with CBD and THC
No psychoactive effects May have psychoactive effects due to
high THC content

2018 Farm Bill

The New 2018 Farm Bill approved by US President Donald Trump is originally from the Agricultural Act of 2014. One of the main goals of this bill is to ensure the sustainability and protection of the US agricultural industry.

The act also specifies the improvement of hemp farming and the regulations that farmers need to follow. It also discusses what the government as considered legal or not. With such, the president approved of the use of cannabis plants that have 0.3% of THC or less in it.

Okay, so let’s be clear on that. I cannot say that all CBD is legal, period. The bill specifically removes industrial hemp under the controlled substance category with a condition.

However, this may not be the case in all states in the US.

CBD Oil’s Legal Status in the Different States in the US

The Farm Bill may be a federal law, but that does not mean each state in the US does not have any reservations about it. Here, you would identify the CBD mandates (or the lack of them) in different states.

Washington and Washington, D.C.

Most popular CBD stores can be found in Washington, D.C. Buying CBD within the state of Washington should not be a problem.


Pharmacies only sell a few CBD products because it is dependent on the source, following the Farm Bill. However, marijuana is legal in California.


The use of small amounts of CBD is no longer illegal in Illinois. However, the state would need to approve more mandates to make it clear.


The state has its own medical marijuana system, of which all cannabis-extracted products must go through. Hemp-based products get a go signal.

New York

The concrete jungle may be high and mighty but it is yet to consider embracing CBD fully. Just recently, the beloved NY banned CBD-based food and drinks.

New Jersey

There are a lot of CBD stores in New Jersey but not all provide good quality. In fact, most of those “infamous stores” can be found in the state. They are so popular for all the wrong reasons.


The Sunshine state cast its rays brightly to CBD after the approval of the Farm Bill. However, a year before that, Florida confiscated $500,000 worth of CBD products in Tallahassee.


In Texas, CBD products should not have a single component of THC in it or you be charged with a felony. Yep, zero is a hero.


Yes, you can get CBD products from Oregon or Washington, but passing through Idaho with those might be a problem. Even with the Farm Bill, authorities are still strict when it comes to hemp-derived products.


The state only follows the Farm Bill but has no specific mandates about it. The authorities here are quite stiff, so you’d rather opt for other states.


There are shops that sell CBD in Nebraska, but CBD is still considered marijuana in the state. They don’t care if there’s a bill the allows it federally.

However, a bill is being pushed to legalize the use of medical marijuana. We’ll see about that.


The public is wild about CBD but the state mandates aren’t friendly about it at all. Georgia is notorious for having strict laws on marijuana.

South Dakota

Marijuana and CBD are treated the same way here, so you may want to skip this South Dakota on the list, too. It’s a total snub on the federal law.


More paperwork coming Louisiana’s way because of the federal mandate. However, THC is still banned in the state.

North Dakota

Unlike in South Dakota, you may want to consider buying hemp-derived products in North Dakota. State law polishing is on its way.


According to the state, CBD products must only be bought from sellers with dispensary licenses. Otherwise, it’s jail time.


The Magnolia state keeps its extreme policies on CBD products. Their law enforcement still considers CBD as restricted.

South Carolina

CBD can only be used for seizures, that’s it. Don’t push it too hard in the Palmetto state or you’d end up being sorry.


This is another anti-CBD state. Only nine dispensaries are allowed to sell CBD products, but the authorities still seize possession should you get caught. Nope, it is not the state for you.


You will be charged with a felony if you have a CBD product that contains, well, CBD. Having more than 0.3 grams of CBD oil is illegal in Wyoming.


Arkansas is indeed the land of opportunity since selling CBD is legal since 2017. Marijuana is still restricted, but CBD stores have already expanded.


Dispensaries proudly display their CBD products in their shelves for the public to see. They even have a show about the business. Talk about a great life!


As long as the CBD product zero THC, you are good to go. The state even has bars and restaurants that serve food and drinks with CBD.


Medical marijuana and hemp-based products are legal in the First State since 2014. But nope, you still can’t use marijuana for recreation.


Missouri considers CBD legal but the authorities are quite paranoid when they receive reports about marijuana-based products.


Farmers can grow hemp when it isn’t tobacco season. The passing of the Farm Bill must be a great day for Kentucky since the law is pushed by their homegrown senator.

New Hampshire

CBD is available in the Granite State. However, legalization of cannabis is still a work in progress in the New Hampshire Senate.


The law enforcement officers would need more time to adjust to the Farm Bill. But Indiana, it’s legal to have CBD.


The state does not have existing laws on hemp-derived products, so you may find a lot of stores. But it is still strict when it comes to cannabis-based products.


You can hoard all you want but it’s easier to buy online. You may want to be careful if your route back includes driving through South Dakota.

North Carolina

North Carolina is one of those states that have strict CBD policies. You can buy the products but the police keep an eye on anything CBD-infused.

New Mexico

This state needs a lot more of work because it doesn’t have a solid system to follow related to CBD. There is also a thread in the supply.


A CBD-focused program, in relation with the Farm Bill, is currently in progress. CBD is still under medical cannabis regulation.


Food licenses are required for dispensaries to produce and sell CBD products. Traces of THC on any products are okay.


The Constitution State allows you to purchase any CBD related products. However, marijuana possession without the required medical license is not allowed.


Wisconsin is on its way to extend the use of CBD legally. For now, stores sell CBD products for specific conditions and with a prescription.


CBD products would soon be available in local drug stores in Maryland. Oh, freedom!


CBD products are affordable here since the hemp plants are grown locally. Recreational cannabis is still illegal, though.


Hemp-based products are legal only when registered in the state. The manufacturers are also required to send samples for tests.

Rhode Island

Small amounts of marijuana for recreational purposes are allowed in Rhode Island. Definitely, CBD gets a thumbs up.


CBD use indiscretion is allowed. Public consumption is highly discouraged.


Children under 18 years old can buy CBD here. However, you can get fired if you’re positive on THC after consuming CBD oil.


Walgreens store in Colorado will soon be selling CBD products. But don’t think of bringing them over to neighboring states that snub CBD.


Medical dispensaries were only given license to sell marijuana-based products in November 2018. CBD is as legal as your age.


Maine complies with the federal law and treats CBD as food and not medicine. Simple and direct, that’s what the Pine Tree state want it to be.


CBD is allowed in the streets of Las Vegas. An ounce of marijuana won’t send you to jail, too.


There are stores in Michigan that already sell CBD. It’s legal to buy, sell, and consume. The citizens also approved of recreational marijuana just recently.


The CBD industry is considered the biggest in Oregon. What you would need to check is the quality.


Vermont is also competitive when it comes to hemp production and consumption. Stores are almost everywhere.

We can divide the states into four sections:

Welcoming: States with Explicit Laws

Out of all the states, 18 are considered the friendliest when it comes to hemp-derived products. These states have explicit mandates when it comes to selling:

  • Tennessee
  • New York
  • Missouri
  • Maryland
  • Texas
  • Wisconsin
  • Vermont
  • Kentucky
  • Alaska
  • Illinois
  • Colorado
  • Oklahoma
  • Indiana
  • North Carolina
  • South Carolina
  • Utah
  • Oregon
  • Rhode Island

Friendly: States Which Redefined Hemp

Following the Farm Bill, these states removed industrial hemp from the marijuana category. I want to put emphasis on following the federal law because this means that these states would base their regulations in accordance with the agricultural program.

New Mexico, North Dakota, Hawaii, Montana, Kansas, and the District of Columbia are the states that have such mandates.

Gray: States With Exemptions

Even when there is a federal law about it, these states do not have specific mandates written about hemp-derived products. However, they have exemptions to their existing mandates.

Here are the 18 states under the gray area:

  • Washington
  • Pennsylvania
  • New Jersey
  • Delaware
  • Florida
  • Virginia
  • Arkansas
  • Massachusetts
  • Iowa
  • Georgia
  • Nebraska
  • Maine
  • New Hampshire
  • Mississippi
  • Connecticut
  • Idaho
  • Louisiana
  • Minnesota

Questioning: States Without Prohibitions but With Concern

These states only have federal law to follow when it comes to selling hemp-derived products. They may not have the prohibitions in their mandates, but these nine states have raised concerns regarding CBD retail:

  • California
  • Michigan
  • West Virginia
  • Arizona
  • Ohio
  • Nevada
  • Alabama
  • South Dakota
  • Wyoming

International Laws About CBD Use

Aside from the US, other countries have also legalized the use of CBD. You have to take good note of this because if it’s in connection with the Farm Bill, the source of CBD is what matters.

China’s Take on CBD

China used to allow hemp production only for textiles. Marijuana is out of the question; it is still illegal no matter what.

However, the country has now opened its doors in using hemp-derived CBD oil and cosmetics with CBD. They are yet to agree on using it as a supplement. Currently, hemp production is exported to different countries.

Canada’s Industrial Hemp Regulations

Canada permitted industrial hemp cultivation since 1998, in connection with the country’s Cannabis Law. They have very specific regulations – from hemp growth to food supplements.

It is safe to say that CBD is legal in Canada. Since it does not have psychoactive components, it could be taken as a supplement to achieve therapeutic results.

How Legal is CBD Oil in the United Kingdom?

The UK only allows CBD products with zero to 0.2% of THC in it. CBD is a total exemption to the list of controlled substances under the country’s law.

Sativex is the only lab-produced medication that is allowed to contain an equal amount of CBD and THC. It is used to treat patients suffering from multiple sclerosis.

Other Countries That Allow CBD Products

Many countries in Latin America allow the use of CBD. These include Argentina, Chile, Brazil, Peru, Uruguay, and Colombia.

Aside from China, some countries in the Asia Pacific region have regulations when it comes to CBD products. In 2016, Australia allowed the use of CBD extracts even without a prescription.

India only allows marijuana cultivation for medicine and research. However, recreational use is still considered a no-no.

Some European countries allow the production and use of CBD. In the Czech Republic, food supplements with Cannabis sativa extracts are allowed as long as it contains zero to 0.000015% of THC.

Russia has drafted an act to allow cannabis importation solely for research. The bill would also increase the limit of the importation of THC.

What to Look for When Buying CBD Oil Legally?

Now that you know where to buy CBD products legally, what should be the key points you need to check?

  • Read through the labels. It is important that you know what you are consuming, right?
  • Do your research. Read as many articles about the product as possible.
  • Check test results. If you want to get the best quality, it must be compliant with the requirements, including third-party laboratory testing.
  • Ask for more details. You can request additional information about dosages and potency.
  • Get the manufacturer’s contact information. This way, you would be assured that they are not fly-by-night companies.

Final Thoughts

The ultimate reason you use CBD is your health, so make sure that whatever you consume complies with existing laws. This way, you are ensured of the quality.

There is no scare on potential adverse effects since it went through the recommended process. The legal aspect of CBD use solidifies your right as a consumer.

It now all boils down to your buying decision. Now that I have laid down the cards, it’s time for you to go to the right store to buy the best CBD product for you.

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