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      50 State's CBD Legality

  *The information on this page regarding the 2018 Farm Bill is for educational purposes only and is not legal advice. The below classifications reflect lawful POSSESSION of CBD products only. Commercial manufacturing and distribution laws differ widely among the states in each grouping. Please contact alex@buscherlaw.com for more information.

CBD Possession in the 50 States

Additionally, enforcement actions have happened even in “green” states, generally due to misunderstandings by law enforcement. Anytime hemp is shipped interstate there is a risk of seizure, no matter the states of origin and destination.

 

*Individual state law reviews available upon request. The below is for informational purposes only and is not legal advice. If you believe any of these classifications are incorrect, please email citing code or statutory sections.

The 2018 Farm Bill did not, by itself, change state hemp or hemp-derived cannabidiol (CBD) legality. Although the Senate version would have legalized hemp nationwide, the final Farm Bill left the responsibility to legalize hemp to the states.


The legality of CBD under state law is often overlooked and much more important than federal legality in terms of potential legal consequences for both businesses and consumers. Contrary to popular opinion, CBD is not legal in all 50 states, even if it is sourced from hemp. This is because all states have their own Controlled Substances Acts (CSA) which generally mirror the federal CSA and the Farm Bill allowed the states to regulate as they wish. Until an unrestricted hemp definition is exempted from a state’s CSA, hemp is still considered marijuana in that state. Furthermore, some states have classified certain hemp products as unlawful.

LEGAL STATES

Alabama

 

Alaska

Arizona

Arkansas

 

California (no smokeables)

 

Colorado

 

Connecticut

Florida

 

Georgia (no marketed THC)

Illinois

 

Indiana (no smokables)

 

Kentucky (no smokables)

 

Maine

 

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

 

Missouri

Montana

 

Nebraska

 

Nevada

New Hampshire

 

New Jersey

 

New Mexico

 

New York (no smokables)
 

North Carolina

 

North Dakota

Ohio

Oklahoma

Oregon

Rhode Island

 

South Carolina (no smokables)

 

South Dakota (no smokables)

 

Tennessee

 

Texas (no smokables)

Virginia

 

Vermont

 

Washington

 

West Virginia

Wisconsin

 

Wyoming

RESTRICTIVE STATE'S

CBD Product Possession Legality Varies (Hemp May Be Charged As Marijuana in Some Situations)

Kansas
No products intended for human consumption: vape carts, flower, cigarettes, teas, etc. Extremely restrictive law. Industrial uses only.

 

Washington D.C.
D.C. classifies all extracts from cannabis as hashish, a term which was not included in the legalization initiatives. This means CBD possession could be charged as possession of hashish, which would have serious consequences, including significant jail time.

No CSA Exemption or requires Patient Registration:

*CSA stands for Controlled Substances Act.

Pennsylvania (no foods, supplements)

Utah (no foods, smokeables)

 

Delaware (registered patients only)

 

Hawaii (no smokable's, supplements)

 

Iowa (no smokable'sfoods, supplements)

 

Idaho (no marketed THC)

 

Louisiana (no smokable'sfoods, supplements)

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