Facts & Figures
CBD Oil (Cannabidiol Hemp Extract) 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.
AlabamaSteve 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. |
ArizonaArizona 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. |
ArkansasThough 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). |
CaliforniaRecently, 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). |
ColoradoColorado 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). |
ConnecticutConnecticut 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.). |
DelawareDelaware 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). |
FloridaFlorida has programs for medical marijuana and an industrial hemp pilot program. The relevant state laws include Amendment 2 and S 1726. |
GeorgiaGeorgia 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). |
GuamGuam permits medical cannabis under Proposal 14A. Keep in mind that although the proposal has been approved, it is not operational. |
HawaiiHawaii 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. |
IdahoIdaho 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. |
MaineMaine 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. |
MontanaThe 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. |
NevadaNevada 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 HampshireNew 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 JerseyNew Jersey has a program for medical cannabis, however it does not permit adult use or industrial hemp through a pilot program. |
New MexicoNew Mexico has programs for medical cannabis and industrial hemp under SB 523 and SB 6. |
New YorkNew 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. |
OregonOregon 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. |
PennsylvaniaPennsylvania 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. |
TennesseeThere 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. |
TexasA 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. |
West VirginiaWest 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. |
WyomingWyoming 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. |