Is CBD Oil Legal in All 50 States?
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If you’re new to CBD oil (welcome 👋), you might be a little confused by the information you find floating around the internet. Truth be told, the laws regulating CBD oil and other CBD products are constantly in flux.
So, is CBD oil legal in all 50 states? In this guide, we’re answering this question and exploring the differences between CBD vs THC that could dictate which products are legal where you’re located. It’s important to remember that current state laws on CBD may change at any time, so please DYOR (do your own research) before looking to add CBD to your daily rituals.
Difference Between CBD and THC
Before you jump to add CBD oil to your daily rituals, it’s worth knowing the difference between CBD and THC. These differences can make a crucial difference in which products are legal in your state as well as how they interact with your body.
While CBD is a part of medical marijuana, it’s derived directly from the hemp plant, a sort of cousin to the marijuana plant. Even though both of these plants are from the same species, only CBD products derived from industrial hemp plants are federally legal at this time. Products like CBD oil must contain 0.3% or less of THC in order to fall under the rules of the 2018 Farm Bill.
THC, on the other hand, is the psychoactive component of the marijuana plant. While both THC and CBD have chemical structures that are similar to the body's natural endocannabinoids, they bind to receptors within your body differently to stimulate the release of neurotransmitters.
Broad Spectrum vs Full Spectrum CBD Oil
Another factor to consider as we answer the question, “is CBD oil legal in all 50 states?” is whether you’re looking at broad spectrum or full spectrum CBD. The difference between broad spectrum CBD vs full spectrum CBD is the presence of trace amounts of THC. Broad spectrum CBD oil is THC-free whereas full spectrum CBD products may contain up to 0.3% THC while still being legal at the federal level.
Is CBD Legal in All 50 States?
Now we’ve gotten to the million-dollar question: is CBD legal in all 50 states? Unfortunately, it’s not a simple answer. In the United States, CBD is legal at the federal level and has been since the Agriculture Improvement Act of 2018 (more commonly known as the 2018 Farm Bill). That said, the key point of that is that it’s legal at the federal level, but each state is able to determine its own laws and regulations for CBD products.
At the time of writing this guide, CBD is not fully illegal in any of the 50 states or Washington D.C. Not being fully illegal, however, doesn’t mean there aren’t still a handful of states where there are conditions around CBD products sold. For example, some states may allow all CBD products to be sold while others prohibit the sale of CBD edibles or full spectrum CBD products.
To guide you, at this time we’ve broken states up into these three categories:
- States where CBD and THC are legal
- States where CBD oil is legal
- States where CBD is conditionally legal
Want a visual TLDR;? Click here to jump down to our visual chart!
States Where CBD and THC Are Legal
There are currently 19 states plus Washington D.C. which allow the legal purchase and use of both CBD oil and THC products such as recreational marijuana. They are:
- New Jersey
- New Mexico
- New York
- Rhode Island
- Washington, D.C.
In these states, you are able to purchase CBD oil, edibles, and other kinds of CBD products without issue. It’s also legal to travel with CBD in these states.
States Where CBD Oil Is Legal
While CBD and THC are legal in the 19 states (plus Washington D.C.) listed above, the majority of the remaining states allow for the legal purchase of CBD oil and other products so long as it falls under the legal limit of 0.3% THC or less. These states are:
- North Carolina
- South Carolina
- West Virginia
You can also freely travel with CBD to these states at the time of writing this guide. Be mindful, though, that the TSA has its own set of strict guidelines when it comes to what people can check in their luggage or bring on the plane with them. Check current guidelines before flying with CBD oil to avoid any awkward or stressful situations at the airport!
States Where CBD Is Legal (Mostly)
Last, but not least, comes the remaining five states that have conditionally legal status for CBD oil and other products. The rules for CBD oil and other products vary by state and could change at any time, so be extra careful when considering CBD products here. These states are:
- New Hampshire
- North Dakota
- South Dakota
Idaho and Kansas currently have identical CBD laws stating CBD oil is legal as long as it contains zero traces of THC. This means only broad spectrum CBD oil and CBD products are legal in these two states right now.
North Dakota is similar, allowing CBD oil and other products so long as they contain 0.1% THC or less. In effect, this means you should also only purchase broad spectrum CBD products to stay within the legal guidelines there at this time.
New Hampshire is interesting in that it allows CBD oil but has current rules against the sale or use of CBD edibles. This is a prime example of why you should always check on current state laws regarding CBD products as they could vary by type.
Finally, South Dakota makes our list. Currently, South Dakota allows legal use and purchase of CBD oil as long as it falls under the legal federal guidelines for THC. That said, this state has waffled back and forth a few times since the 2018 Farm Bill passed, meaning its status could change at any time to banning CBD products once more.
Is CBD oil legal in all 50 states? At the federal level, yes. That said, always check on your local state laws before purchasing CBD, traveling with CBD, or otherwise possessing CBD to ensure you’re within the current legal guidelines.