Is CBD Legal In All States?

Cannabidiol, or CBD, has gained quite some traction across the nation in recent years. It’s available in the form of oils, gummies, topicals, and even cosmetics. Many people have shifted from traditional supplements and medicines to CBD products for dealing with their anxiety, pain, and sleep-related issues.

But is it legal in all states? No, there are still some states where the sale, consumption, and production of some types of CBD products are not allowed. Even the term legality here depends on multiple factors. As per the 2018 Farm Bill, CBD is legal on a federal level as long as it’s derived from hemp plants and has less than 0.3% THC.

However, states have their own regulations and criteria around it, which makes it a complex topic. In this article, we will explore the legality aspect of CBD in US states to help you decide whether you can buy CBD products in your state without any issues.

CBD Legality Status In The US

Let’s take a look at the status of varying rules around CBD in different US states. In most of the below-mentioned states, you can easily order pure CBD gummies by Colorado Botanicals without any hassle.

Category States
Fully Legal CBD (Both Hemp and Cannabis/Marijuana Derived) Alaska, Arizona, California, Colorado, Connecticut, Illinois, Maine, Massachusetts, Michigan, Missouri, Montana, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, Washington
Hemp-Derived CBD Legal, Cannabis/Marijuana-Derived CBD Illegal Alabama, Arkansas, Delaware, Florida, Georgia, Hawaii, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Minnesota, Mississippi, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, Wisconsin, Wyoming, Idaho ( Idaho only allows Zero THC CBD products )

  • In 20 US states, you can easily buy both hemp and marijuana-derived CBD products.
  • In 29 US states, you can buy only hemp-derived CBD products, with less than 0.3 THC in them.
  • Idaho is the most strict state and only allows hemp-derived CBD with Zero THC levels.

In short, in every state other than Idaho and, you have the privilege of including hemp-derived CBD products in your daily wellness routine.

Evolution of Federal Law Regarding CBD

The legal status of CBD at the federal level has evolved a lot in the past few years. Before 2014, CBD was classified as a Schedule I controlled substance under the Controlled Substances Act. Hence, it is illegal to produce, possess, or distribute in any form.

2014 Version of Farm Bill

In 2014, the Obama administration passed the 2014 farm bill, also known as the Agricultural Act of 2014. The bill was headed by Republican Senator Mitch McConnell, who hailed from Kentucky, a state with a very rich history of hemp cultivation.

This 2014 version of the Farm Bill introduced a provision that made it legal to cultivate hemp for research purposes in states where it was legal. This provision, known as Section 7606, defines hemp as cannabis with a THC concentration of less than 0.3% on a dry-weight basis.

2018 Version of Farm Bill

This paved the way for the 2018 Farm Bill, a landmark piece of legislation that effectively legalized hemp and hemp-derived products, including CBD, on a federal level. The 2018 Farm Bill, signed under the Trump administration, completely removed hemp from the list of controlled substances under the Controlled Substances Act.

The Bill also made the U.S. Department of Agriculture (USDA)  responsible for establishing a regulatory framework for the cultivation and production of hemp. The 2018 Farm Bill maintained the definition of hemp as a cannabis plant with a THC concentration of less than 0.3%, keeping a clear distinction between hemp and marijuana.

However, the bill did not address the regulation of CBD products specifically. That responsibility is given to the Food and Drug Administration (FDA), which has maintained a cautious and strict stance on the regulation of CBD products. However, the FDA has also acknowledged the potential therapeutic benefits of CBD and has expressed a willingness to explore ways for the legal marketing of CBD products.

Factors That Affect CBD Legality

CBD Source

Whether the CBD is derived from hemp or marijuana can significantly impact its legal status. Hemp-derived CBD with less than 0.3% THC is generally considered legal under federal law, while marijuana-derived CBD may be subject to stricter regulations or outright bans in certain states.

Use Case

The intended use of CBD products, whether for recreational or medical purposes, can also affect their legal status. Some states have legalized CBD for medical use but not for recreational purposes, while others have allowed for both.

Local Regulations and Enforcement

Even within states that have legalized CBD, local regulations and enforcement practices can vary. Cities and counties may have their own ordinances governing the sale, possession, and use of CBD products, leading to potential legal complications.

Where Should You Buy CBD in Legal States?

In legal states, you can easily get your favorite CBD gummies, oils, and other such products through retail stores, dispensaries, and online websites. Many people prefer to buy from offline stores, as this gives them a hands-on experience of the products.

Plus, CBD products for medication purposes generally have higher levels of CBD and THC. They can only be bought from certified dispensaries through a medical card and doctor’s prescription.

But for most day-to-day working folks who want to use CBD to improve their overall wellness, online brands like Colorado Botanicals are the best. They will provide you with much more discounts, better pricing, and especially the comfort of shopping from your home.

Plus, online brands have very fast shipping and better customer support. You also get a better idea of the product by reading other people’s experiences, and lab test reports are readily available on the product page. All of this gives online brands an edge over offline stores.


To sum it up, we cannot bluntly say that CBD is legal in all states. Legality varies from state to state. It changes state to set on the basis of CBD source, use case, and cannabinoid concentration level. Federally, hemp and hemp-derived products like CBD oil, topicals, and gummies are legal.

Reputable brands like Colorado Botanicals ship to the majority of the states, and you can easily order your favorite CBD gummies online through their site. In strict states like Idaho, you can experience the benefits of CBD through CBD isolates because they don’t have any THC in them. We recommend you start your CBD journey with a low dose, stay hydrated, and keep yourself updated with the latest regulations in your state.


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