Facts & Figures

CBD Oil (Cannabidiol Hemp Extract) Laws in All 50 States and US Territories

Published

5 years ago

January 7, 2019

CBD laws in all 50 states and us territories

Though the provisions of the 2018 Farm Bill do provide for CBD’s legality under certain conditions, states must have laws that are either equal to or narrower than federal law. Disclaimer: this is not legal advice, but solely a guide that provides some insight. Those interested in using CBD and who use CBD should verify its legality in their state, and understand that the laws are constantly changing.

Keep in mind that each state’s laws It is also important to stay abreast of any changes concerning the laws in one’s state. This way, users understand the parameters of use under both federal and state law. Here are the laws in each state, which provide a starting point for those who are interested in being informed.

Alabama

Steve Marshall, the state’s attorney general, released a public notice in 2018 concerning CBD’s legal status. The notice states, “CBD derived from industrial hemp, with a THC concentration of not more than .3%, can be legally produced, sold, and possessed in the State of Alabama.”Two other laws are also controlling – 2014’s SB 174, known as “Carly’s Law,” which allows for the University of Alabama Birmingham to research the effectiveness of THC when the product has a low content of the substance. The research is for seizure disorders. Further, in 2016, the state released HB 61 “Leni’s Law,” which allows physicians to recommend CBD for certain health conditions.

Alaska

According to a representative of the Department of Environmental Conservation, “there is no lawfully approved sources of CBD” available in the state and thus CBD cannot be “sold or used in permitted food establishments.” However, there are ballot measures in progress for adult use, such as Ballot Measure 2 (2014), and an industrial hemp pilot program for medical cannabis – Measure 8 (1998) and SB 94 (1999) Medical Cannabis.

Arizona

Arizona does allow for medical marijuana, but according to state law enforcement, the law does not include cannabis extract – and possibly CBD. Thus, there has been prosecution in the state where qualifying medical marijuana patients have possessed products they believed they had purchased from dispensaries legally. The Arizona Court of Appeals ruled in 2018 that extract does not include medical marijuana, but there is a chance that the case is on appeal.

Arkansas

Though Arkansas has pilot programs for medical marijuana hemp, neither program has been implemented. The laws pertaining to these programs are Issue 6 (2016) and Ark. Stat. Ann. Section 2-15-401 et seq. (2017).

California

Recently, the state has legalized medical cannabis and adult use is permitted. However, the California Department of Public Health (CDPH) noted that industrial-hemp derived CBD is prohibited as a food additive. The pertinent laws are Proposition 215 (1996), SB 420, Cal. Food and Agric. Code Section 81000 to 81010 (2016).

Colorado

Colorado allows for medical cannabis and permits adult use as well under Amendment 20 (2000) and Colo. Rev. Stat Section 35-61-101 to 35-61-109 (2016).

Connecticut

Connecticut allows for medical cannabis and it is currently working to found an industrial hemp pilot program under HB 5389 (2012), 2014 Conn. Acts, P.A. Number 14-191 (Reg. Sess.).

Delaware

Delaware allows medical cannabis to be used to treat certain approved medical conditions. The state also has an industrial hemp pilot program. The relevant laws include SB 17 (2011 and Del Code Ann. Tit. 3 Section 2800 to 2802 (2016).

Florida

Florida has programs for medical marijuana and an industrial hemp pilot program. The relevant state laws include Amendment 2 and S 1726.

Georgia

Georgia has enacted laws allowing the University of Georgia to develop oil that is low in THC for clinical research. The research program must meet FDA trial compliance requirements. The oils used in the programs must also be under 5% THC and they must contain an equal amount of CBD as well. The law providing for the pilot program is HB 1 (2015).

Guam

Guam permits medical cannabis under Proposal 14A. Keep in mind that although the proposal has been approved, it is not operational.

Hawaii

Hawaii allows for medical cannabis and a pilot program for industrial hemp under SB 862 and Hawaii Rev. Stat Section 141A to 141J and Section 712.

Idaho

Idaho does not permit medical or adult use cannabis and the state does not have an industrial hemp pilot program. Low-THC CBD for medical use are not permitted either.

Illinois

Illinois has established an industrial hemp program allowing for manufacturers to extract CBD. Further, under SB 2772, also known as the Commercial Low THC Hemp Extract Act, it is legal to distribute or sell low-THC hemp extract if a certificate of analysis can be provided. The certificate must show that there is no more than 0.3% THC by weight, total. Low-THC hemp extract is also excluded from the definition of “cannabis” under HB 1 and Ill. Ann. Stat. ch. 720 Section 550/15/2, and SB 2772.

Indiana

Although Indiana does not have medical marijuana laws, it does have a pilot program for industrial hem. In 2018, the state passed Senate Enrolled Act 52, which allows people to buy, sell and possess CBD oil. The product most comply with labeling requirements and it cannot contain more than 0.3% CBD. The pertinent laws include Ind. Code Ann. Section 15-15-14-1 to 15-15-13-17 (2016), HB 1148, and Senate Enrolled Act 52.

Iowa

Iowa does not permit medical cannabis and it does not have an industrial hemp pilot program. The medical CBD program under Iowa Code Chapter 124E has not been implemented. Further, according to a statement released by Iowa’s Department of Public Health, over-the-counter CBD is not legal in the state. However there are stores that do sell CBD under the premise that the products are legal under 2014 Farm Bill.

Kansas

Kansas does not permit medical cannabis. However, in 2018 the state removed hemp that does not contain THC from its removed from its controlled substances list. The pertinent laws include SB 263 and SB 282.

Kentucky

Kentucky does not permit medical cannabis, but it does nave a pilot program in place. Under SB 124, marijuana does not include cannabidiol and thus, the latter can be administered by a public university of medical school in the state for expanded access programs and clinical trials, both approved by the FDA. The pertinent laws is Ky. Rev. Stat. Ann Section 260-850 to 260.869.

Louisiana

Though the state has passed a law permitting medical cannabis, the state has not yet started an industrial hemp program. This does not seem to have stopped companies from selling hemp-derived CBD. The pertinent law is SB 271.

Maine

Maine allows for medical cannabis and adult use under LD 611, LD 1296, and LD 1811. Also pertinent is Me. Rev. Stat. Ann. Tit 7 Section 2231.

Maryland

Maryland permits medical cannabis and it has a pilot program for industrial hemp. The pertinent laws are HB 702, HB 308, HB 180, HB 1101, SB 926, HB 881, and Md. Agriculture Code Ann. Section 14-101.

Massachusetts

Massachusetts permits medical cannabis and adult use. Further, the state has an industrial hemp program. These are permitted under Question 3, Question 4, Mass. Gen. Laws. Ann. 128 Sections 116 to 123.

Michigan

Under Proposition 1, passed in 2018, the state became the first in the Midwest to legalize use by adults, cultivation, and retail marketing. The state also has a pilot program for industrial hemp. The pertinent laws include Proposal 1801, Proposal 1, and Mich. Comp. Laws Sections 286.841 to 286.844.

Minnesota

Medical cannabis programs and industrial hemp pilot programs are permitted in Minnesota. Further, hemp-derived CBD is cold in the state. The pertinent laws include SF 2471, Chapter 311 and Minn. Stat Section 18K.01 to 18K.09.

Mississippi

Mississippi permits medical cannabis and industrial hemp programs; hemp derived CBD is also sold throughout the state. The pertinent laws include SF 2471, and Minn. Stat. Section 18.K to 18K.09.

Missouri

The state’s voters approved a medical cannabis program in 2018. The program permits physicians to, at their discretion, recommend medical marijuana. An industrial hemp pilot program is also ongoing in the state. Further, the state’s retailers are also selling CBD. Further, CBD oil is “under review” with the passage of the 2018 Farm Bill. The pertinent laws include Amendment 2, HB 2238, and HB 2034.

Montana

The state has pilot programs for medical cannabis and industrial hemp. The pertinent laws include Imitative 148, 182, and Mont. Code Ann Sections 80-18-111-101 to 80-18-111.

Nebraska

Though the state has not passed laws that legalize industrial hemp, it does have an industrial hemp pilot program. The attorney general of Nebraska also stated that under the state’s laws, CBD is legal only if it is approved by the FDA. The pertinent laws include Neb. Rev. Stat Section 2-5701.

Nevada

Nevada has legalized medical and adult use, and it has an industrial hemp pilot program. The pertinent laws include Nev. Rev. Stat Sections 557.010 to 557.080.

New Hampshire

New Hampshire had an industrial hemp pilot program and a medical cannabis program, both permitted under SB 573 and N.H. Rev. Stat. Ann. Sections 4330-C:1 to 433-C:3.

New Jersey

New Jersey has a program for medical cannabis, however it does not permit adult use or industrial hemp through a pilot program.

New Mexico

New Mexico has programs for medical cannabis and industrial hemp under SB 523 and SB 6.

New York

New York has pilot programs for medical cannabis and industrial hemp. CBD is also sold throughout the state. The pertinent laws include N.Y. Agriculture and Markets Law Sections 505 to 508.

North Carolina

North Carolina does not have a medical cannabis program, but it does allow CBD to treat intractable epilepsy. Even though the law is very narrow, CBD products are sold throughout the state. The state also permits an industrial hemp program. The pertinent laws include HB 1220, HB 766, N.C. Gen Stat. Sections 106-568.50 to 90-87(16).

North Dakota

Medical cannabis and industrial hemp pilot programs are permitted in the state. However, it seems that law enforcement has been interpreting the laws differently, leading to precarious situation for those who use CBD products. The pertinent laws include N.D. Cent. Code Sections 4-41-01 to 4-41-03 and 4.05.1-05.

Ohio

Though the states has medical cannabis laws that were supposed to go into effect in September 2018, the laws are not yet operational. Further, a month before that date, the Ohio Board of Pharmacy issued a guidance document stated that CBD “can only be dispensed in a licensed Medical Marijuana Control Program dispensary.” The pertinent law is HB 523.

Oklahoma

Oklahoma approved a medical cannabis program in 2018 and an industrial hemp pilot program, though neither program is operational. A few years beforehand, the state also passed CBD for minors with epilepsy. The pertinent laws include SQ 788, HB 2913, and HB 2154.

Oregon

Oregon has programs for industrial hemp, medical cannabis, and legalized cannabis for adult use under Measure 91, Oregon Medical Marijuana Act, and Or. Rev. Stat Sections 571.300 to 571.315.

Pennsylvania

Pennsylvania has an industrial hemp pilot program and a medical cannabis law. The pertinent laws include SB 3, and Pa. Cons. Stat. Ann. Tit. 3 Sections 701 to 710.

Puerto Rico

Puerto Rico has passed medical cannabis laws and a CBD manufacturer in the state has been permitted to sell its product as a nutritional supplement under the Public Health Department Regulation 155.

Rhode Island

Under Rhode Island’s SB 791 and R.I. Gen Laws Sections 2-26-1 to 2-26-9, the state allows for both medical cannabis and industrial hemp programs. Parents with children who have autism are lobbying to allow tests with CBD through the state’s medical cannabis program.

South Carolina

The state has a medical CBD law for patients using CBD for epilepsy. Further, the state has interpreted federal law to mean that CBD products are legal, so long as they contain less than 0.3% THC by weight. The pertinent laws include SB 1035 and S.C. Code Ann. Sections 46-55-10 to 46-55-40.

South Carolina

The state’s laws are the most restrictive in the country – it does not permit medical marijuana or industrial hemp. There is no legal form of CBD in the state until Epidiolex is permitted.

Tennessee

There is an industrial hemp and medical CBD program permitted in the state, and CBD is sold freely as well. The pertinent laws include Tenn. Code Ann. Sections 43-26-101 to 43-26-103.

Texas

A medical CBD program is permitted in Texas and the program protects those who are resistant to traditional epilepsy programs. The pertinent laws include SB 399.

Utah

Utah recently passed the Hemp and Cannabidiol Act and therein, CBD has been legalized in the state, so long as it is pure and accurately labeled. Further, voters approved a medical cannabis law. The pertinent laws include Prop 2, Utah Code Ann. Sections 4-41-101 to 4-41-103, and HB 105.

Vermont

The state has a medical cannabis and industrial hemp program. Further, it permits legal adult use. CBD is also sold statewide. The pertinent laws include SB 76, SB 7, SB 17, H.511, and Vt. San. Ann. Tit. 6. Sections 561 to 566.

Virginia

Medical cannabis is permitted in oil form that is extracted and only for the treatment for a diagnosed condition and with a doctor’s recommendation. The state also has an industrial hemp pilot program. The pertinent laws include Va. Code Sections 3.2.-5112 to 3.2.-4120, and HB 1445, SB 701, and HB 1251.

Washington, DC

The state has a medical cannabis program, an industrial hemp pilot program, and it permits legal adult use. The pertinent laws include Initiative 692, SB 5798, SB 6073, and Wash. Rev. Code Ann. Sections 15.120.005 to 15.120.050.

West Virginia

West Virginia has a medical cannabis law and an industrial hemp program. The pertinent laws include CB 386 and Va. Code Sections 19-12E-1 to 19-12E-9.

Wisconsin

Wisconsin permits medical CBD and it also has an industrial hemp industrial program. Further, according to a memo by the Department of Justice, only doctors and pharmacies are permitted to distribute CBD with a doctor’s certification. The pertinent laws include AB 726, Wis. Stat. §94.55; Wis. Stat. §94.67; Wis. Stat. §97.02; §348.27; Wis. Stat. §961.14; Wis. Stat. §961.32; Wis. Stat. §961.442; Wis. Stat. §961.55; Wis. Stat. §973.01 (effective Dec. 2, 2017).

Wyoming

Wyoming permits CBD for those with seizure disorders and it has an industrial hemp pilot program. The pertinent laws include HB 32, and Wyo. Stat. Sections 36-7-2101 to 35-7-2107.