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Is CBD Oil Legal in My State?


The legality of CBD oil varies from state to state. Make sure you know the law before you buy.

August 12, 2021

Updated June 18, 2019

If you’re interested in purchasing CBD oil but aren’t sure if it’s legal in your state, you’ve come to the right place.

Even though cannabidiol (CBD) does not contain the intoxicating properties often associated with marijuana and tetrahydrocannabinol (THC), it is derived from the cannabis plant, placing its legality in a confusing gray area for many people.

Here we’ll cover all 50 states’ current stance on cannabis and cannabis-derived products so you can decide whether buying CBD oil is the right—and legal—option for you.

Is CBD Oil Legal in the United States?

Yes and no.

The recently passed 2018 Farm Bill legalized the cultivation and transportation of cannabis-related products, including CBD oil, on a federal level as long as the hemp being grown and transported contains 0.3% or less of the mind-altering cannabinoid THC. (Hemp is a type of cannabis plant with a naturally high CBD content and low THC content.)

While this decriminalized CBD products on a federal level, states still have the final say as to whether cannabis-derived products will be legal for growing and purchasing within state lines. In a majority of U.S. states, CBD oil is legal; however, in Idaho, Nebraska, and South Dakota, having cannabis or cannabis-derived products, including CBD oil, for any reason is illegal. If you live in one of these three states, you cannot legally purchase or use CBD oil; as the stigma around CBD and cannabis in general continues to disappear, this could change.

To sum it up: Growth and interstate transportation of CBD oil is legal on a federal level, however, individual states can and have overruled the new federal regulations, making CBD oil cultivation, transportation, and consumption illegal within state borders.

Is CBD Oil Legal in My State?

With varying laws across the country, we’ve created this alphabetically ordered traffic light system to help you easily access the information relevant to your state.

Green States: Fully Legalized Cannabis & Related Products

These states and Washington D.C. allow medicinal and recreational use of cannabis. You can easily and legally purchase CBD oil as long as you meet the minimum age requirements.

Washington D.C.

Amber States: Cannabis & Related Products Okay Under Certain Conditions

The following states allow for the purchase and consumption of all cannabis and cannabis products (like CBD oil) for medical use only. To purchase CBD oil in these states you may need to have a medical marijuana card or a prescription from your doctor.

New Hampshire
New Jersey
New Mexico
New York
North Dakota
Rhode Island
West Virginia

Amber-Red States: Only CBD Products Okay Under Certain Conditions

The following amber-red states do not allow for the purchase or consumption of cannabis or related products for any reason unless it’s a CBD product used only for the following reasons:

Alabama – Under Leni’s Law, CBD oil is accessible to those suffering from a severe and chronic medical condition that causes seizures. The only other way to lawfully use CBD would be to participate in a state-sponsored clinical trial studying its effects.

Georgia – CBD oil is available on prescription to patients suffering from a range of specific degenerative or debilitating conditions. The THC content must be no higher than 5%.

Indiana – Since 2018, Indiana residents have been able to buy and use CBD oil privately, providing that it has a THC content of no more than 0.3%.

Iowa – CBD oil may be medically available from a dispensary for those suffering from certain medical conditions such as cancer, epilepsy, and ALS.

Kansas – Recently exempted CBD oil from their criminal laws regarding cannabis, providing the THC content is 0%.

Kentucky –  Allows for the consumption of CBD oil as the THC content is 0.3% or lower, it’s prescribed by a licensed physician, or it’s being used in a state-sponsored clinical trial.

Mississippi – Epilepsy sufferers may be able to take CBD oil under the supervision of a licensed physician. The CBD content must be at least 15% and the THC no higher than 0.5%.  

North Carolina – CBD oil legal for severe epilepsy sufferers. Like Kentucky, North Carolina CBD oil is produced from hemp extract.

South Carolina – As with North Carolina, CBD oil is legal only for those suffering from debilitating epilepsy such as Dravet Syndrome. THC can make up no more than .9% of the oil.

Tennessee – CBD oil made from hemp (not marijuana) is legal. CBD oil is available on prescription to those with epilepsy but must not contain more than 0.9% THC.

Texas – CBD oil is legal to buy and sell as long as it contains no more than 0.3% THC, and is independently lab tested to confirm its potency and purity.

Stay tuned for updates on House Bill 1325 in Texas. As of April 24, 2019, the state House passed the bill, which would allow farmers to grow industrial hemp, and allow Texans to purchase hemp-derived CBD products with low levels of THC.

Virginia – CBD oil is legal when prescribed by a licensed physician for treating certain conditions and diseases. It must contain at least 15% CBD and no more than 5% THC.

Wisconsin – CBD oil is a legal treatment for any diagnosed medical condition by a licensed doctor as long as the patient has an unexpired certification from their physician stating CBD is being used to treat their condition.

Wyoming – CBD oil is only legal for epilepsy sufferers whose condition has not responded well to prior treatment options. The patient’s neurologist is required to submit a referral to the Department of Health, at which point a hemp-derived CBD oil (containing 0.3% THC or less) may be prescribed.

Red States: All cannabis products illegal

There are no two ways about it: If you live in one of these states, your options when it comes to CBD oil are extremely limited. Any cannabis products, including CBD oil, are illegal in these states. The good news is, with the stigma around cannabis changing and 47 states already relaxing their laws around CBD oil in particular, these final few hopefully won’t be far behind. Keep your eye on these states as the landscape is constantly changing:



South Dakota

Note: While this article was correct at the time of publishing, we recommend checking your states .gov page to ensure you have the most up-to-date information.

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