How Much CBD Flower Can You Possess? – Federal & State Laws

Large jar of CBD flower laying on its side with buds pouring out.

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Though CBD flower has been legal in the U.S. for several years now, just how much of it you can purchase and use without consequence is, for many, still up in the air.

As of 2022, there is a lack of explicit legislation outlining any sort of limit on how much CBD flower you can possess at a time. But, because CBD flower tends to contain small amounts of THC, a controlled substance, we recommend avoiding carrying excessive amounts of CBD flower on you.

The frustrating truth, as is the case with many concerns related to CBD use, is that things may vary depending on where you live and your specific situation. A lack of limits doesn’t mean it’s impossible to run into any trouble, but it’s also likely not the case that you have “too much” CBD flower. 

CBD Hemp Flower Laws

Laws surrounding the cultivation, production, sale, and use of CBD hemp flower (and other CBD products) are constantly changing, which can make it challenging to understand whether your product is the right one for you.

Hemp flower with little-to-no THC has been legal in the United States for several years since the passing of the 2018 Farm Bill removed it from the definition of “marijuana” in the Controlled Substance Act (CSA).

The Farm Bill also removed strains of cannabis with 0.3% THC or lower (by weight) from the list, an umbrella that many types of CBD hemp flower fall under.

Once freed from the legal regulation and limitations of being classified as a controlled substance, these buds could be legally purchased. 

But despite this major step forward, the road toward easy-to-access and safe CBD flower has been a bumpy one and may continue to be for some years to come.

Federal

As of 2022, the most relevant piece of federal legislation related to the sale and use of CBD hemp flower is the 2018 Farm Bill itself. 

As far as the U.S. federal government is concerned, it is legal to own and use CBD hemp flower so long as it complies with the limitations laid out by the Farm Bill (such as containing 0.3% THC by weight or less).

Currently, CBD hemp flower and other products are not officially approved by the Food and Drug Administration (FDA) for safe use, which means they are not subject to the same protections that other products (medications, supplements, etc.) are.

The FDA does have the responsibility to ensure that CBD flower is marketed in a way that is accurate and labeled with information consumers have a right to know, including things like serving size, ingredients, and more.

State

As of 2022, purchasing and owning hemp-derived CBD flower that has 0.3% THC or less is legal at the federal level. However, some states have rules that limit smoking hemp, including:

  • Florida
  • Indiana
  • Kentucky
  • Kansas
  • Louisiana
  • North Carolina
  • Texas
  • Utah

If you live in one of the above states, it may be possible to run into trouble for using your CBD flower, even if it’s not technically legal to own it. 

Also problematic in some cases is the source of the CBD itself. Many states are explicit in their requiring that all legal CBD products come from hemp, not marijuana. 

It’s also possible for states to set different legal precedents for those part of a medical marijuana program than for the average consumer; in some states, for instance, it’s legal to use CBD products that have up to 0.5% THC in these cases.

Blond women in her early 20's sitting by a window sparking up a joint.

Is There a Limit to How Much CBD Flower You Can Buy?

As of right now, there is not an official limit on how much CBD flower you can buy at a given time, nor is there a limit to how much you can stockpile and store away. Of course, this is only true if the CBD flower you have comes from hemp rather than marijuana. 

Because hemp and hemp-derived CBD products, including flower, are no longer considered controlled substances in the eyes of the law, you won’t face any penalties for possessing them, even in large quantities.

Is There a Limit to How Much CBD Flower You Can Have on You?

There is no limit to how much CBD flower you can have on you at a time, though it is important to remember that the presence of THC in your product can prove to be problematic even if CBD itself is not. 

You certainly can’t get in trouble simply for possessing a large amount of hemp flower, but that doesn’t mean that you shouldn’t exercise some level of caution.

The unfortunate reality is that there simply isn’t much precedent established when it comes to getting caught with CBD flower, particularly in large quantities.

While it’s not illegal to possess CBD flower, keeping extremely large amounts on you may prove to be tricky. 

THC is still a controlled substance, and the trace amounts present in many types of CBD flower can add up to something that may raise some eyebrows.

It’s likely best to avoid keeping an excessive amount of CBD flower on your person, in your car, etc. for this reason. 

In general, though, so long as you have the proper documentation to prove that your flower: 1.) comes from hemp, not marijuana, and 2.) complies with all legal requirements, including containing only 0.3% THC by weight or less.

Can You Have CBD Flower in a Car?

It’s not illegal to have CBD flower in the car as long as it comes from hemp, not marijuana, and has only trace amounts of THC. It’s a good idea to avoid smoking CBD flower in the car though, especially if you want to avoid run-ins with law enforcement. 

There are two main problems to consider here: 

  1. CBD flower looks, smells, and feels nearly identical to marijuana, which makes it impossible to accurately identify on the spot.

  2. The small amount of THC present in hemp-derived CBD flower can build up in the body over time, which may prove to be problematic if you are drug tested due to suspected driving under the influence. 

A driver who appears to be smoking what may or may not be marijuana will immediately raise suspicion. 

Even if the CBD flower you smoked in the car isn’t the true or only reason you have noteworthy levels of THC in your body, failing a drug test meant to test your sobriety at the time of driving can have serious consequences.

Young guy in his twenties wearing a black tshirt driving a car and smoking a joint.

Can Cops Tell the Difference Between CBD Flower From Weed?

The testing kits law enforcement officers carry out in the field to check for illicit substances can not differentiate between hemp-derived CBD flower and marijuana

That means officers can not tell the difference between CBD flower and weed without official lab results, like a certificate of analysis, that prove the product’s origins and THC content.

Unless you have this information readily available, whether it be through the original packaging your product came in, a printed COA, etc., the officer will have to send the sample in for official testing.

Even though this testing can help verify that you haven’t broken any laws, the process of running into and working with law enforcement can be time-consuming, worrying, and stressful. 

Saving yourself the headache is definitely worth the effort of keeping this information on you.

Final Thoughts

While there may not be a technical limit on how much CBD flower you can possess, it’s not a bad idea to avoid taking on more than you truly want or need. 

This is especially true when it comes to keeping your flower in a car, traveling, or other scenarios in which your sobriety and how you’ve obtained the product may come into question. 

Remember that you’re not doing anything wrong by purchasing and using your CBD flower, but the fact that these products are still so new and largely unregulated means that scrutiny and confusion continue to exist. 

To help ensure you have the information you need to use your product safely but also to back up the credibility of your purchase, always shop with reputable brands you know and trust.

An ideal seller should always provide detailed lab reports that list the cannabinoids, including CBD and THC, present in your product alongside other key information, like safety test results. 

To explore your options for CBD flower, check out our directory, which is free and easy to browse. Our list of trustworthy companies and product options makes it simple to find something that can help you without putting you at risk for personal, health, or even legal consequences.

Josh Murdoch

Josh Murdoch

I was born with Cystic Fibrosis, and although it is incurable, CBD and THC have been allowing me to live my life as a healthy adult now for years. For that reason, I’ve dedicated my career to spreading the good news about cannabinoids. Currently, I work for a vertically integrated cannabis company called Unrivaled Brands that operates in California, Oregon, and Nevada. Previously, I worked on two cannabis farms in northern California, one of which was located in the famous Humboldt County. I’ve also managed a medical cannabis delivery service in Marin County, California. I created CBD Facilitator to share what I’ve learned, and to recommend the best products that I have found in this chaotic market.

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