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cbd oil legal in all states

Note: The chart below applies to unlicensed CBD products only. State-licensed CBD products sold in adult-use and medical cannabis stores operate under different rules.

Federal legality doesn’t automatically confer state legality. Each state handles hemp and CBD differently. In Idaho, Iowa, and South Dakota, CBD is entirely illegal. In New Jersey, New Mexico, and North Dakota it’s legal without restriction. In Alaska, California, Washington, and many other states it’s legal but can’t be sold in combination with food or beverages—except in licensed cannabis stores.

CBD Legal Status, State-by-State

Now that hemp is no longer a controlled substance, and CBD can be extracted from hemp, all CBD must be legal, right? Not so fast.

In 2019, Leafly editors tried to purchase more than 75 products to test their CBD content as part of our Leafly CBD Test series. To our surprise, it turned out to be more difficult than we anticipated.

Even within states that allow the legal sale of hemp-derived CBD, there may be complications at the local level.

CBD (cannabidiol) is a non-psychoactive compound found in cannabis. Unlike tetrahydrocannabinol (THC), CBD does not get a user “high;” however, its legality is still a gray area for some people because it is derived from the cannabis plant.

Marijuana legality varies by state, as does CBD legality.

Is CBD Legal in the U.S.?

The 2018 Farm Bill legalized, on the federal level, the regulated production of hemp, or any part of the cannabis plant with a THC concentration below 0.3%. States, however, have the final say in whether or not cannabis-derived products are legal within their state lines.

The following states have legalized CBD, some only for specific medical purposes:

In addition to these states, sever other states have legalized medical marijuana: