Few things are more hotly contested than legislation surrounding cannabis in the U.S., but it hasn’t always been this way. So how did we get here, and why?

Throughout the past century, legislation and public opinion about cannabis have been subject to constant change. Today, CBD and hemp are both legal federally, but states can still make their own rules about restrictions, including how much THC can be present, if product can be smoked, and more.

To really understand CBD and hemp flower laws as they exist now, we need to take a walk through the past. Legislation surrounding these topics is nuanced and, in many ways, frustrating, but it’s also completely possible to change it.

CBD Legislation in the United States: A Quick History

The Beginning of Marijuana Criminalization: 1937

The first round of federal legislation prohibiting the growth, use, or possession of cannabis in the United States was the Marihuana Tax Act of 1937, which restricted possession of the plant to those able to pay a hefty tax for certain medical or industrial uses. 

Societal factors – including a general shift toward bureaucratic interests and the deeply-rooted, overt racism of the time – are largely to blame for this change.

Prior to 1937, cannabis was actually viewed as medically useful; in fact, cannabis has long been a staple for natural medical treatments in a variety of cultures. 

The American Medical Association opposed prohibition of cannabis early on because of this fact, but an overall push to criminalize what was perceived as a “drug that blacks, Latinos, and jazz musicians use” was strong enough to lead to the passage of the Act. 

Within the same year, marijuane peddlers and users were arrested and jailed.

Man with his hands behind his back being arrested by a police officer.

Schedule I Drug Classification: 1970

Despite facing legal changes that rendered its use all but impossible, the war on cannabis continued throughout the next several decades with vigor. 

The Controlled Substances Act (CSA) of 1970 was created to classify a variety of illicit substances, including marijuana, based on their potential for abuse and medical benefits. 

The Act created five schedules, with Schedule V containing the least threatening substances and Schedule I containing those with “a high potential for abuse” and “no currently accepted medical use in treatment in the United States.

Marijuana has been listed as a Schedule I substance since the creation and implementation of the CSA all the way back in 1970, creating even more potential consequences and genuine obstacles for those caught with it.

Introduction of the Farm Bill: 2014

For nearly a century, cannabis remained completely untouchable by anyone unwilling to face serious legal consequences. 

This harsh reality only began to change from a legislative standpoint with the introduction of the 2014 Farm Bill, which established the Hemp Research Pilot Program. 

This program allowed for hemp cultivation for research purposes by state departments of agriculture or institutions of higher education. It also established a legal definition for “industrial hemp,” including cannabis plants containing THC levels of 0.3% or less. 

While it allowed for hemp production in states where regulations did not prohibit it, the 2014 Farm Bill did not legalize cannabis under federal law.

Federal Legalization of Hemp-Derived CBD: 2018

The success and economic promise of hemp-derived cannabis research, a push to decriminalize cannabis in general, and a growing interest in the plant’s medical benefits all arguably contributed to the implementation of the 2018 Farm Bill, which expanded the framework laid out in 2014 and brought us to the point we’re at today with CBD.

The 2018 Farm Bill extended hemp provisions and legalization to all 50 U.S. states by removing hemp from the definition of “marijuana” present in the CSA, making it possible for hemp plants and the products created from them to be cultivated and sold. 

CBD products and hemp with the appropriate levels of THC (0.3% or less) are now accessible in nearly all parts of the nation, though the Farm Bill did leave specific legislation and restrictions open to each individual state. 

As a result, and as laws surrounding marijuana use in general change rapidly, it becomes more and more confusing to navigate which substances are allowed where (and to what extent).

Two hemp farmers tending to a mature hemp crop.

Is CBD Legal in Your State? – CBD Laws by State

To help you get acquainted with what restrictions you might need to look out for in your home state when it comes to cannabis, we’ve created a comprehensive breakdown of current legislation in each one. 

The chart below serves as a quick rundown of the fundamentals, but be sure to check out the details for your state to get a better idea of what specifics you should be aware of.

States with certain rules or restrictions that govern how CBD, hemp flower, or marijuana can be legally used are marked with an asterisk (*).

State

CBD Legal?

Hemp Flower Legal?

Marijuana Legal?

Alabama

Yes*

Yes

Medical Only

Alaska

Yes

Yes

Yes

Arizona

Yes

Yes

Yes

Arkansas

Yes

Yes

Medical Only

California

Yes

Yes

Yes

Colorado

Yes

Yes

Yes

Connecticut

Yes

Yes

Yes

Delaware

Yes

Yes

Medical Only

Florida

Yes

Yes

Medical Only

Georgia

Yes

Yes

No

Hawaii

Yes*

Yes*

Medical Only

Idaho

Yes*

No*

No

Illinois

Yes

Yes

Yes

Indiana

Yes

No*

No

Iowa

Yes*

Yes*

No

Kansas

Yes

Yes

No

Kentucky

Yes

No

No

Louisiana

Yes

Yes*

No

Maine

Yes

Yes

Yes

Massachusetts

Yes

Yes*

Yes

Michigan

Yes

Yes

Yes

Minnesota

Yes*

Yes

Medical Only

Mississippi

Yes

Unclear

No

Missouri

Yes

Yes

Medical Only

Missouri

Yes

Yes

Medical Only

Montana

Yes

Yes

Medical Only

Nebraska

Yes*

Yes

No

Nevada

Yes

Yes

Yes

New Hampshire

Yes

Yes

Medical Only

New Jersey

Yes

Yes

Yes

New Mexico

Yes

Yes

Yes

New York

Yes*

Yes

Yes

North Carolina

Yes*

Yes*

No

North Dakota

Yes

Yes

Medical Only

Ohio

Yes

Yes

Medical Only

Oklahoma

Yes

Yes

Medical Only

Oregon

Yes

Yes

Yes

Pennsylvania

Yes

Yes

Medical Only

Rhode Island

Yes

Yes

Yes

South Carolina

Yes*

Yes

No

South Dakota

No

No

Medical Only

Tennessee

Yes

Yes

No

Texas

Yes

Yes*

No

Utah

Yes*

Yes*

Medical Only

Vermont

Yes

Yes

Yes

Virginia

Yes

Yes

Yes

Washington

Yes*

Yes

Yes

Washington D.C.

Yes

Yes

Yes

West Virginia

Yes

Yes

Medical Only

Wisconsin

Yes

Yes

No

Wyoming

Yes

Yes

No

Alabama

  • CBD: Legal, but with exceptions
  • Hemp Flower: Legal with THC levels of 0.3% or less (by weight)
  • Marijuana: Illegal unless part of state medical marijuana program

Alabama allows the growth, sale, and use of hemp-derived CBD products as outlined by the 2018 Farm Bill (containing 0.3% THC or less). However, THC, marijuana, and marijuana-derived CBD continue to be prohibited unless you’re a state-approved medical marijuana patient.

Alaska

  • CBD: Legal
  • Hemp Flower: Legal
  • Marijuana: Legal

Hemp-derived CBD products containing 0.3% THC or less are legal in Alaska, as is marijuana (both recreationally and medically). Despite the fact that THC and marijuana are legal, CBD products made from hemp are still distinct from those made from marijuana. In 2019, an industrial hemp pilot program, focused on developing an effective system for growing and selling the plant, was approved by the Alaska Division of Agriculture and received official USDA approval in early 2022. 

Arizona

  • CBD: Legal
  • Hemp Flower: Legal
  • Marijuana: Legal

In the state of Arizona, both THC and CBD-containing products are legal. Marijuana is legal for use by adults over 21. Sellers don’t need a state-issued license to manufacture, market, or sell post-processed hemp materials (such as CBD oils, extracts, etc.), though the sale of hemp flower is less explicitly protected by law

Arkansas

  • CBD: Legal
  • Hemp Flower: Legal with THC levels of 0.3% or less (by weight)
  • Marijuana: Illegal unless part of state medical marijuana program

The Arkansas Industrial Hemp Act (981) made it legal to purchase CBD products in the state so long as they contain less than 0.3% THC by weight. Likewise, the AR Hemp Production Act of 2021 states that any individual looking to grow, handle, store, process, or market hemp products must obtain a license through the Arkansas Department of Agriculture. Marijuana and THC remain illegal unless you’re a registered member of the state’s medical marijuana program.

California

  • CBD: Legal
  • Hemp Flower: Legal
  • Marijuana: Legal

Both CBD and CBD hemp flower rules are covered by the same legislation in California; though THC and marijuana are legal, they are still separated from hemp-derived CBD and flower, which follow the restrictions outlined by the 2018 Farm Bill (regarding THC levels, testing, etc.). Products like supplements, foods, etc. can not be restricted or prohibited based on the inclusion of CBD so long as it meets these requirements.

Colorado

  • CBD: Legal
  • Hemp Flower: Legal
  • Marijuana: Legal

Industrial hemp, according to Colorado Revised Statutes (C.R.S) §35-61-101(7), is defined as “a plant of the genus cannabis and any part of the plant, whether growing or not, containing a delta-9 tetrahydrocannabinol (THC) concentration of no more than three-tenths of one percent on a dry weight basis.” Industrial hemp is legal to grow, manufacture, etc., and falls under the jurisdiction of the Colorado Department of Agriculture. In addition, Article XVIII of the Colorado Constitution codified marijuana for medical use, and recent legislation changes state that adults 21 and older can have and use up to 2 ounces of marijuana recreationally. 

Connecticut

  • CBD: Legal
  • Hemp Flower: Legal
  • Marijuana: Legal

Connecticut does not separate CBD hemp flower from other CBD products in terms of legal restrictions; so long as a seller has a Manufacturer of Hemp Consumables License and follows federal guidelines for production. Marijuana is also legal in the state for residents over the age of 21.

Delaware

  • CBD: Legal
  • Hemp Flower: Legal
  • Marijuana: Illegal unless part of state medical marijuana program

CBD products, including CBD flower, that are derived from hemp are legal in Delaware, so long as they have THC levels of 0.3% or less by weight. Marijuana-derived CBD oil containing at least 15% CBD and no more than 7% THC is legal for medical marijuana patients, as is marijuana itself. Recreational use of marijuana, however, remains illegal.

Florida

  • CBD: Legal
  • Hemp Flower: Legal
  • Marijuana: Illegal unless part of state medical marijuana program

According to the state of Florida, hemp products intended for either ingestion or inhalation must comply with all Florida statutes and rules as well as federal guidelines. That means that all CBD products must contain 0.3% THC or less by weight. Marijuana and CBD products made from it are available for medical use, but recreational marijuana remains illegal.

Georgia

  • CBD: Legal
  • Hemp Flower: Legal
  • Marijuana: Illegal, though marijuana-derived CBD is available for medical use only

In Georgia, marijuana-sourced CBD containing less than 5% THC and an equal or greater amount of CBD (“low-THC oil”) can be legally prescribed by a certified physician to individuals with specific medical conditions, like seizure disorders, cancer, and more. The state has no legal limitations on hemp-derived CBD so long as it complies with the federal THC limit of 0.3% or less.

Hawaii

  • CBD: Legal, but with exceptions
  • Hemp Flower: Legal to grow; illegal to sell as CBD product
  • Marijuana: Illegal unless part of state medical marijuana program

In Hawaii, though the growth of hemp and medical use of CBD is legal, the FDA-approved drug Epidiolex is the only CBD-containing product that can be marketed and sold. The Hawaii Department of Health is responsible for regulating all cannabis products, including both hemp and marijuana. According to current policy, because CBD is “an active ingredient in an FDA-approved drug, it cannot be sold without a valid prescription or over the counter.” Marijuana remains legal for medical use only.

Idaho

  • CBD: Legal, but only products with 0% THC
  • Hemp Flower: Illegal (unless THC content is 0%)
  • Marijuana: Illegal

According to an executive order issued by Gov. Brad Little issued an executive order in 2019 to allow interstate transportation of hemp in Idaho, but state law states that CBD and CBD products, including CBD hemp flower, are legal in Idaho only if they contain 0% THC and are derived from the mature stalks of the hemp plant. 

However, the state’s government has yet to formally address this precedent, and it’s likely that legislation in Idaho will change over time, especially because some cities (Boise, Meridian, Nampa, and Pocatello) have their own laws regarding CBD already.

Marijuana is currently illegal for both medical and recreational use.

Illinois

  • CBD: Legal
  • Hemp Flower: Legal
  • Marijuana: Legal

CBD products derived from hemp and containing 0.3% THC or less are legal in Illinois, but CBD hemp flower notably may not be sold to dispensaries. HB 1438, also known as the Cannabis Regulation and Tax Act, legalized the recreational use of marijuana and marijuana products for adults over 21 starting January 1, 2020.

Indiana

  • CBD: Legal
  • Hemp Flower: Illegal (smokable hemp)
  • Marijuana: Illegal

Indiana Senate Bill 52 (SEA 52) extended legal protections for CBD, including legalizing CBD derived from plants that meet the legal definition of industrial hemp and contain no more than 0.3% THC by weight. 

However, SEA 516 states that hemp bud and hemp flower may be sold only to a licensed hemp processor and that individuals who manufacture, finance, or possess smokable hemp are subject to criminal penalty. 

Industrial hemp is currently regulated by the Office of Indiana State Chemist & Seed Commissioner. Marijuana, though, is not legal for neither medical nor recreational use.

Iowa

  • CBD: Legal, but with exceptions
  • Hemp Flower: Legal, but with exceptions
  • Marijuana: Illegal

Hemp-derived CBD and CBD products are legal in Iowa as long as they contain 0.3% THC or less by weight. Iowa’s legislation is specific, though, in outlining “consumable hemp products” as those that are suitable for ingestion, but not combustion or inhalation.

Hemp flower itself isn’t illegal to grow, cultivate, etc., but selling consumable hemp products that are intended for inhalation is prohibited. Therefore, technically, it’s not legal to smoke hemp flower in Iowa.

THC and marijuana remain entirely illegal; Iowa does not yet have a medical marijuana program.

Kansas

  • CBD: Legal
  • Hemp Flower: Legal
  • Marijuana: Illegal

CBD was removed from the list of controlled substances considered legitimate by the state of Kansas in 2018 thanks to Senate Bill 282. That means that hemp-derived CBD and CBD flower containing 0.3% THC or less by weight is legal. Hemp flower is not specifically mentioned or prohibited. Kansas also currently lacks a medical marijuana program, and recreational marijuana is prohibited.

Kentucky

  • CBD: Legal
  • Hemp Flower: Illegal
  • Marijuana: Illegal

CBD is no longer included in the definition of marijuana in the state of Kentucky, meaning that CBD products derived from hemp and complying with federal limits (0.3% THC or less by weight) are legal.

Smokable hemp, though, including hemp cigarettes, cigars, dip, and “hemp leaf material” can not be legally manufactured. Likewise, the sale of whole hemp buds, ground flower, and ground leaf material is prohibited. Marijuana remains illegal for both recreational and medical use.

Louisiana

  • CBD: Legal
  • Hemp Flower: Legal, but with conditions
  • Marijuana: Illegal

In recent years, CBD has been shifted from being defined as a marijuana derivative to a “consumable hemp product” under Louisiana legislation. “Consumable hemp products” are defined as any product derived from industrial hemp that contains any cannabinoids and is meant for consumption or topical use.

Hemp flower is also legal in Louisiana but must be registered with and approved by the Louisiana Department of Health to ensure it complies with safety and legal limitations.

Marijuana is currently illegal in Louisiana for medical and recreational use.

Maine

  • CBD: Legal
  • Hemp Flower: Legal
  • Marijuana: Legal

Both hemp- and marijuana-derived CBD are legal in Maine, as is the recreational (and medical) use of marijuana for adults over 21. 

Maine also does not prohibit the addition of CBD in foods and beverages, but CBD derived from hemp still must contain 0.3% THC or less by weight.

Maryland

  • CBD: Legal, but with exceptions
  • Hemp Flower: Legal
  • Marijuana: Illegal unless part of state medical marijuana program

Rules surrounding hemp-derived CBD in Maryland follow suit with federal legislation, including USDA regulations for safety, labeling, etc. But it is prohibited to sell food or beverages containing CBD or THC.

Maryland does have a medical marijuana program, but recreational marijuana use remains illegal.

Massachusetts

  • CBD: Legal
  • Hemp Flower: Legal, but with exceptions
  • Marijuana: Legal

Hemp-derived CBD is legal for sale and use in Massachusetts, as is recreational and medical marijuana use. But hemp flower can only be sold in a licensed hemp grower or processor or in a marijuana establishment that’s in accordance with the regulations laid out by the Cannabis Control Commission (CCC).

Michigan

  • CBD: Legal
  • Hemp Flower: Legal
  • Marijuana: Legal

In 2019, the state of Michigan introduced legislation stating that CBD produced from marijuana would no longer be regulated as marijuana so long as the THC content fell below 0.3%. And, though marijuana is legal for both recreational and medical use, it’s still a distinct and separate substance in the eyes of the law. Only approved facilities can grow and sell marijuana products, including those high in THC.

Minnesota

  • CBD: Legal, but with exceptions
  • Hemp Flower: Legal
  • Marijuana: Illegal unless part of state medical marijuana program

It’s legal to sell hemp products containing 0.3% THC or less in all forms except for food. Because the Food and Drug Administration (FDA) is responsible for regulating the marketing of food products but has yet to approve CBD for use, there is no federal precedent set for what is and isn’t allowed CBD-containing foods. As a result, the state of Minnesota prohibits their sale.

THC and marijuana remain legal for medical use only.

Mississippi

  • CBD: Legal
  • Hemp Flower: Unclear
  • Marijuana: Illegal

Hemp and hemp-derived CBD were removed from the list of controlled substances considered legitimate by the state of Mississippi in 2020 through the passage of Senate Bill 2725. However, official policy still states that both hemp and marijuana are illegal in Mississippi, which creates a legal gray area when it comes to the possession of hemp flower. 

The Department of Public safety and Department of Health in Mississippi actively warned the public of the dangers of CBD products in 2019. Though current laws are vague and leave a lot up in the air, as long as marijuana remains completely illegal in Mississippi, it’s likely best to avoid smoking hemp flower.

Missouri

  • CBD: Legal
  • Hemp Flower: Legal
  • Marijuana: Illegal unless part of state medical marijuana program

Currently, no Missouri state laws change the legality of hemp-derived CBD and hemp products; federal legislation, including limits on how much THC can be present in the product (0.3% or less by weight), apply here. The state also has a medical marijuana program, but recreational use of marijuana is still prohibited.

Montana

  • CBD: Legal
  • Hemp Flower: Legal
  • Marijuana: Illegal unless part of state medical marijuana program

CBD and hemp-derived CBD products are legal in Montana so long as they contain only 0.3% THC or less by weight. 

Additionally, the state’s Industrial Hemp and Cannabidiol Policy for Foods states that any and all CBD products are prohibited from being added to foods and making any health-related claims; those who violate these regulations are subject to intervention from law enforcement. And, for the time being, marijuana is legal only for medical use.

Nebraska

  • CBD: Legal (if derived from hemp)
  • Hemp Flower: Legal
  • Marijuana: Illegal

Laws surrounding CBD, hemp, and marijuana in Nebraska align well with federal rules; the Nebraska State Farming Act states that “hemp,” which is legal to for officially-licensed parties to “cultivate, handle, process, or broker,” includes “the plant Cannabis sativa L. and any part of such plant, including the viable seeds of such plant and all derivatives, extracts, cannabinoids, isomers… whether growing or not, with a delta-9 tetrahydrocannabinol [THC] concentration of not more than 0.3 percent on a dry weight basis.” 

The Act also states that hemp “shall not be considered a controlled substance under the Uniform Controlled substances Act.” Marijuana, however, is still fully illegal.

Nevada

  • CBD: Legal
  • Hemp Flower: Legal
  • Marijuana: Legal

CBD found in either hemp or marijuana is legal in Nevada. Marijuana, likewise, is legal for both recreational and medical use. The state does prohibit the addition of CBD in foods and the use of cannabis in a public place.

New Hampshire

  • CBD: Legal
  • Hemp Flower: Legal
  • Marijuana: Illegal unless part of state medical marijuana program

Hemp-derived CBD and other hemp products are not regulated by the state of New Hampshire, and no state legislation has been passed to contradict the regulations for hemp outlined by the 2018 Farm Bill. So, it’s legal to purchase and use CBD products so long as they come from hemp and contain 0.3% THC or less by weight. 

Marijuana can be legally used via the state’s medical marijuana program but remains off the table for recreational use.

New Jersey

  • CBD: Legal
  • Hemp Flower: Legal
  • Marijuana: Legal

The New Jersey Hemp Program was created to regulate the licensing, growth, processing, etc. necessary for hemp production and states that all hemp created should have THC levels of 0.3% or less by weight. CBD hemp flower is included in this ruling. 

The state has had a medical marijuana program for some time now but has recently legalized marijuana for recreational use as well.

New Mexico

  • CBD: Legal
  • Hemp Flower: Legal
  • Marijuana: Legal

CBD derived from hemp is legal in New Mexico as long as it contains 0.3% THC or less by weight. Marijuana has recently been legalized for recreational use in New Mexico, which means that CBD derived from marijuana or marijuana with notable levels of CBD are legal to purchase for adults over 21.

New York

  • CBD: Legal, but with exceptions
  • Hemp Flower: Legal
  • Marijuana: Legal

New York law states that CBD products that are legal based on the federal definition of industrial hemp (0.3% THC or less by weight) are legal, but because CBD has not been approved by the FDA for use in foods and beverages, selling food or drinks containing the cannabinoid is prohibited.

Marijuana is fully legal in New York for adults over 21, which means it’s also possible to access THC-containing or marijuana-derived CBD products.

North Carolina

  • CBD: Legal, but with exceptions
  • Hemp Flower: Legal, but with exceptions
  • Marijuana: Illegal (legislation introducing medical marijuana program currently pending)

North Carolina has been cultivating industrial hemp since 2017, and this fact remains true even now. The state does prohibit the sale of food, beverages, and animal products containing CBD because the FDA still considers it to be a drug rather than a safe, approved additive to foods and supplements.

As of summer 2022, the North Carolina Senate has moved to give its final approval to a bill that would legalize medical marijuana in the state, but the bill still must pass through the House before it can be put into place.

North Dakota

  • CBD: Legal
  • Hemp Flower: Legal
  • Marijuana: Illegal unless part of state medical marijuana program

The North Dakota State Hemp Plan states that cannabis containing no more than 0.3% THC by weight is legally classified as hemp and is legal to grow, cultivate, sell, etc. in the state. Marijuana, on the other hand, is only legal via the state’s medical marijuana program.

Ohio

  • CBD: Legal
  • Hemp Flower: Legal
  • Marijuana: Illegal unless part of state medical marijuana program

In Ohio, you do not need a license to sell hemp or hemp products, including those with CBD, so long as the product contains no more than 0.3% THC. Marijuana remains legal only through the state’s medical marijuana program.

Oklahoma

  • CBD: Legal
  • Hemp Flower: Legal
  • Marijuana: Illegal unless part of state medical marijuana program

House Bill-1559 removed “oil or cake” made from “cannabidiol [CVD] derived from the seeds of the marhuana plant” or “cannabidiol derived from mature stalks, fibers, oils or cake.” As long as these hemp-derived CBD products contain 0.3% THC or less by weight, they’re legal to buy and use, including hemp flower.

Marijuana is legal in Oklahoma only through the state’s medical marijuana program.

Oregon

  • CBD: Legal
  • Hemp Flower: Legal
  • Marijuana: Legal

Because marijuana is legal recreationally (for adults over 21) and medically in Oregon, the state has taken steps to distinguish hemp-derived CBD products and the limitations that come with them. CBD must come from hemp and have 0.5 milligrams of THC or less to be sold to anyone under the age of 21.

Pennsylvania

  • CBD: Legal
  • Hemp Flower: Legal
  • Marijuana: Illegal unless part of state medical marijuana program

Pennsylavnia does not place specific limitations on hemp-derived CBD and the forms it can take (other than ensuring it complies with the federal THC limit of 0.3% or less by weight). CBD edibles, flower, oils, and even foods and beverages can be sold and used. Marijuana remains legal only for medical use, though.

Rhode Island

  • CBD: Legal
  • Hemp Flower: Legal
  • Marijuana: Legal

Hemp-derived CBD and hemp flower can be sold by licensed businesses in Rhode Island as long as they contain 0.3% THC or less by weight. Recreational and medical use of marijuana are both legal in Rhode Island for adults over 21, so you can also access CBD in these products as well.

South Carolina

  • CBD: Legal, but with exceptions
  • Hemp Flower: Legal
  • Marijuana: Illegal

South Carolina allows the use and sale of hemp and hemp-derived CBD products that contain 0.3% THC or less on a dry weight basis, but retail locations and hemp products both remain unregulated by the Department of Agriculture. Marijuana isn’t legal for recreational or medical use for the time being.

South Dakota

  • CBD: Illegal
  • Hemp Flower: Illegal
  • Marijuana: Illegal unless part of state medical marijuana program

South Dakota is one of the few states to take a strict, anti-CBD stance when it comes to legislation. Current South Dakota law states that industrial hemp and all forms of CBD are illegal; the only exception to this rule is the FDA-approved, CBD-containing drug Epidiolex. Marijuana is illegal in the state unless you’re part of its official medical marijuana program.

Tennessee

  • CBD: Legal
  • Hemp Flower: Legal
  • Marijuana: Illegal (though marijuana-derived CBD is available for medical use)

Hemp is legal to grow in Tennessee as long as it contains no more than 0.3% THC by weight, and CBD products are also considered to be an agricultural commodity in the state. CBD from marijuana plants is available to approved medical patients, but Tennessee does not have a medical marijuana program nor has it legalized recreational marijuana use.

Texas

  • CBD: Legal
  • Hemp Flower: Legal, but with exceptions
  • Marijuana: Illegal

Hemp and CBD products made from hemp are legal in Texas as long as they meet federal guidelines regarding THC potency (0.3% or less by weight). 

Texas law also states that a state agency may not authorize the manufacture of a product containing hemp meant for smoking, which means that hemp flower must be labeled as “not intended for smoking” and products like cigarettes, pre-rolls, etc. are prohibited.

Marijuana remains completely illegal in Texas.

Utah

  • CBD: Legal, but with exceptions
  • Hemp Flower: Legal, but with exceptions
  • Marijuana: Illegal unless part of state medical marijuana program

According to HBO385, which has recently amended Utah’s policies regarding the production and sale of CBD and hemp, any party looking to sell an industrial hemp product or cannabinoid product must be registered with the state. Likewise, these products must contain 0.3% THC by weight or less. It’s also prohibited to add a cannabinoid product to a food or beverages, market CBD products to children, or sell “smokable flower.” 

So, hemp flower itself is only legal when sold to licensed parties, usually those involved in processing the plant into CBD products. Marijuana and THC are currently only legal through the state’s medical mariajuana program.

Vermont

  • CBD: Legal
  • Hemp Flower: Legal
  • Marijuana: Legal

Because hemp-derived CBD, marijuana, and marijuana-derived CBD are all legal in Vermont, it’s easy to get your hands on a cannabis product (as long as you’re an adult over 21). Hemp products can be sold separately as long as they have only 0.3% THC or less by weight. Additionally, it’s not necessary to be registered with the state’s Hemp Program to sell hemp products.

Virginia

  • CBD: Legal
  • Hemp Flower: Legal
  • Marijuana: Legal

Rules surrounding the growth, production, and sale of hemp and hemp-based CBD in Virginia are based on federal precedent; the state defers regulation of these products to the USDA. 

Marijuana has been legalized for both medical and recreational use in Virginia, too, so it’s possible for adults over 21 to obtain CBD in this way.

Washington

  • CBD: Legal, but with exceptions
  • Hemp Flower: Legal
  • Marijuana: Legal

Both strictly hemp producers and marijuana producers can grow and process hemp, but it still must have a THC level of 0.3% or less. Hemp-derived CBD is currently not allowed to be added to food or beverage in Washington.

Recreational and medical marijuana use are both legal in the state, and CBD that has passed the required testing and is verified to have less than 0.3% THC can be added to marijuana products.

Washington, D.C.

  • CBD: Legal

  • Hemp Flower: Legal

  • Marijuana: Legal

Marijuana, hemp, and CBD are all legal in Washington, D.C. and follow the federal government’s rules regarding THC percentage, safety standards, and more.

West Virginia

  • CBD: Legal
  • Hemp Flower: Legal
  • Marijuana: Illegal unless part of state medical marijuana program

Hemp products of all sorts, including smokable CBD hemp, CBD extracts, etc. are legal in West Virginia. They must contain 0.3% THC or less by weight to be legal, though, unless they’re a part of the state’s medical marijuana program.

Wisconsin

  • CBD: Legal
  • Hemp Flower: Legal
  • Marijuana: Illegal (though marijuana-derived CBD is available for medical use)

Wisconsin defers to USDA regulations for hemp-based CBD, which means that hemp flower and CBD products containing 0.3% THC or less are legal to produce, sell, and use. Marijuana is currently still illegal in all forms, but CBD products made from marijuana can be used for medical purposes.

Wyoming

  • CBD: Legal
  • Hemp Flower: Legal
  • Marijuana: Illegal

Wyoming currently defers to USDA regulations for hemp and hemp-derived CBD products. These products may have up to 0.3% THC by weight. Marijuana is fully illegal despite recent efforts to bring a medical marijuana program to the state.

Editor’s Note

This article is for informational purposes only. Consult your state’s Criminal Code or Agriculture Department for the most up-to-date information on regulation of CBD in your state.

CBD in dark green over Facilitator in black with a black cannabis leaf and black tincture bottle and eyedropper to the right.