Which States Is CBD Still Illegal In?

What Is CBD And Its Potential Benefits

Cannabidiol, commonly known as CBD, is a naturally occurring compound found in the cannabis plant. Unlike its more famous cousin, THC (tetrahydrocannabinol), CBD is non-psychoactive, meaning it does not produce the “high” typically associated with cannabis use. This crucial difference has contributed to CBD’s growing popularity as a wellness supplement.

CBD interacts with the body’s endocannabinoid system, which is crucial in maintaining homeostasis, or balance, across various bodily functions. Research suggests that this interaction may offer several potential benefits:

• Helping To Ease Pain: CBD often alleviates chronic pain by reducing inflammation and interacting with neurotransmitters.¹
• Anxiety And Depression: Preliminary studies have indicated that CBD may have a calming effect on the central nervous system, which can help manage anxiety and improve mood.²
• Helping Improve Sleep: Many users report that CBD helps improve the quality and duration of sleep, addressing issues such as insomnia.³
• Skin Health: Topical CBD products may reduce acne and other inflammatory skin conditions due to their anti-inflammatory properties.

How CBD Laws Vary Across The U.S. And Why It Matters To You

CBD legality in the United States is a complex and evolving landscape. While the 2018 Farm Bill federally legalized hemp-derived CBD with less than 0.3% THC, individual states retain the power to regulate or restrict CBD within their borders.

This creates a patchwork of laws, making it crucial to understand the specific regulations in your state. This variation matters significantly because it directly impacts your access to CBD products, the types of products available, and even potential legal consequences.

Why These Variations Matter To You

The differences in CBD laws have a direct impact on your life:

• Access To Products: The availability of CBD products varies significantly. In some states, you can find various products in various retail locations. Your options might be limited to online retailers, specialized stores, or even completely restricted.
• Product Quality And Safety: States with stricter regulations often have better quality control measures. This means products are more likely to be accurately labeled and contaminant-free. In states with less regulation, you face a higher risk of encountering low-quality or potentially unsafe products.
• Legal Consequences: Possessing or using CBD products that are illegal in your state can have serious legal consequences, ranging from fines to potential arrest. Knowing your state’s laws is crucial to avoid legal trouble.
• Travel Considerations: If you travel with CBD products, you must know the laws in the states you visit. A product legal in your home state might be illegal elsewhere.
• Purchasing Decisions: Understanding the legal landscape helps you make informed purchasing decisions. You can prioritize buying from reputable vendors who adhere to state regulations and provide third-party testing.

Why Some States Still Ban CBD: What You Need To Know

Despite the widespread acceptance of CBD across most of the United States, some states maintain restrictions. Understanding the reasons behind these prohibitions involves delving into the legal nuances and societal factors.

Legal Ambiguities

One primary reason some states continue to ban CBD is lingering legal ambiguities. The 2018 Farm Bill legalized hemp-derived CBD at the federal level, provided it contains less than 0.3% THC. However, individual states retain the authority to establish their regulations. Some states, citing the lack of oversight from federal agencies like the FDA, opt for stricter regulations to ensure product safety and quality.

Concerns Over THC Content

Misunderstandings about hemp-derived CBD arise primarily from concerns over THC. Although industrial hemp is distinct from marijuana, with significantly lower THC levels, the fear of psychoactive effects persists. Some states remain wary of products that could potentially exceed the legal THC threshold, leading to a cautious approach by banning all CBD products.

Impact On Public Safety

Public safety concerns also contribute to state-level restrictions. Lawmakers in specific regions may worry about insufficient testing and labeling requirements, which could lead to mislabeled products. These concerns urge some states to enforce bans until more robust safety measures are enacted.

Societal And Cultural Perspectives

Cultural attitudes towards cannabis play a significant role in shaping state policies. In areas where societal perceptions are deeply rooted against any cannabis use, legal changes can be slow. Some states may opt for restrictive measures as they navigate these cultural landscapes, gradually adapting as public sentiment shifts.

States Where CBD Is Fully Legal

Here are the states where CBD is entirely legal:

Alaska

Alaska has fully legalized CBD for both medical and recreational use. Residents and visitors can purchase CBD products in stores if they meet the state’s regulations, ensuring safety and quality.

Arizona

CBD is entirely legal in Arizona for both medical and recreational use. The state has created a clear regulatory framework that makes it easy for consumers to access CBD products in dispensaries or health stores.

California

California is one of the most progressive states in terms of cannabis and CBD legality. It has fully legalized CBD, both for medical and recreational use. With a robust cannabis market, California offers a wide variety of CBD products.

Colorado

CBD is fully legal in Colorado for both medical and recreational use. The state has comprehensive regulations to ensure CBD products are tested, safe, and labeled for consumer use.

Connecticut

Connecticut allows both medical and recreational CBD use. The state’s laws enable residents to access various CBD products quickly, with clear rules in place to ensure product quality and safety.

District of Columbia

CBD is entirely legal for medical and recreational use in the District of Columbia. This makes it easy for residents and visitors of Washington, D.C., to purchase CBD products without restrictions.

Illinois

Illinois is a fully legal state for CBD, with both medical and recreational cannabis laws in place. Consumers in Illinois have access to a wide variety of CBD products available in dispensaries.

Kansas

CBD is legal in Kansas, but only if it contains 0% THC. The state passed Senate Bill 282 in 2018, which allows for the sale and possession of hemp-derived CBD as long as it is completely THC-free. However, full-spectrum CBD products (which contain trace amounts of THC) are still illegal for general sale.

Maine

Maine has fully legalized CBD products for both medical and recreational use. It has clear guidelines that protect consumers and ensure the products meet quality standards.

Maryland

Maryland has fully legalized CBD, and both medical and recreational products are available. The state’s laws help maintain transparency and safety in the CBD market, giving consumers confidence in their purchases.

Massachusetts

CBD is entirely legal in Massachusetts for both medical and recreational use. The state has created a well-regulated cannabis market where CBD products are available at retail locations throughout the state.

Michigan

Michigan has fully legalized CBD for both medical and recreational use. The state’s regulatory framework allows residents to purchase CBD products in dispensaries and ensures high standards for product safety.

Minnesota

Recreational cannabis use became legal in Minnesota on August 1, 2023. However, as of early 2025, the state is still in the process of establishing a regulatory framework for the sale of recreational cannabis products, including CBD. So, while possession and use are legal, the commercial sale of CBD products may be limited until regulations are fully implemented.

Missouri

CBD is entirely legal in Missouri, both for medical and recreational use. With clear regulations, the state ensures that CBD products are tested for quality, allowing consumers to make informed choices.

Montana

Montana has fully legalized CBD, offering products for both medical and recreational use. The state enforces regulations to maintain high CBD product safety and quality standards.

Nevada

Nevada is another state where CBD is entirely legal for both medical and recreational use. With a strong cannabis industry, Nevada provides a wide range of CBD products, and consumer protections are in place to ensure product quality.

New Jersey

New Jersey has fully legalized CBD products for medical and recreational use. The state’s regulatory framework ensures that CBD products meet safety standards for consumers.

New Mexico

CBD is fully legal in New Mexico, and both medical and recreational use is allowed. Consumers can access CBD products with regulations in place to maintain safety and transparency.

New York

New York has fully legalized CBD, and it is available for both medical and recreational use. The state’s cannabis laws ensure that products are safe and properly labeled for consumer use.

North Carolina

North Carolina does not ban CBD. Hemp-derived CBD is legal for general sale and possession as long as it contains less than 0.3% THC. The state does regulate the sale of smokable hemp, but CBD oil, tinctures, and other non-smokable products are widely available.

Oregon

Oregon fully supports the legalization of CBD for both medical and recreational use. The state has a well-regulated cannabis industry, and consumers can find high-quality CBD products in stores and dispensaries.

Rhode Island

Rhode Island has fully legalized CBD, which is available for medical and recreational use. The state has clear rules that help ensure CBD products are safe and meet quality standards.

South Carolina

Under the 2018 Farm Bill, South Carolina allows hemp-derived CBD products containing less than 0.3% THC. The state does not restrict CBD to medical use only. However, smokable hemp products face stricter regulations.

Vermont

Vermont has fully legalized CBD, with both medical and recreational use allowed. The state enforces regulations to ensure that CBD products are high-quality and safe for consumers.

Virginia

Virginia does allow hemp-derived CBD products with less than 0.3% THC. The state’s restrictions mainly apply to high-THC cannabis-derived CBD products. Full-spectrum hemp-derived CBD is available for sale.

Washington

Washington state is a pioneer in cannabis legalization, and CBD is fully legal for both medical and recreational use. The state maintains a high level of regulation to ensure that CBD products are safe and properly labeled.

Wyoming

Correction: Wyoming allows hemp-derived CBD with less than 0.3% THC. There are no restrictions on its sale or use, and it is widely available. The state does have strict marijuana laws, but hemp-derived CBD is legal.

States Where CBD Is Still Illegal

Although the 2018 Farm Bill legalized hemp-derived CBD at the federal level, some states have chosen to restrict or outright ban CBD products within their borders. In these states, CBD remains illegal regardless of its THC content or the intended use. Below is a list of states where CBD is still illegal:

Idaho

Only CBD products containing 0% THC and derived from specific parts of the hemp plant are legal.

Nebraska

While Nebraska technically allows hemp-derived CBD, enforcement is inconsistent, and some local jurisdictions treat it as illegal.

What To Do If CBD Is Illegal in Your State: Key Steps To Take

Traversing the legal landscape around CBD can be challenging, mainly if you reside in a state where it’s still illegal. Here are some key steps to consider:

Stay Informed About Local Laws

Begin by thoroughly understanding the specific regulations within your state. Legislation can change rapidly, so keeping abreast of the latest news and updates is crucial. Reliable sources include government websites and trusted news outlets.

Consult With Legal Experts

For detailed guidance tailored to your situation, consider consulting with a legal expert specializing in cannabis law. This can clarify the implications of possession, use, and purchase.

Explore Alternative Options

In states where CBD remains illegal, explore legal wellness alternatives. Some states may offer other natural remedies or supplements that fit your needs. Always ensure these alternatives are safe and tested for quality.

Engage With Advocacy Groups

Join forces with local advocacy groups working towards legislative change. By participating in community efforts and supporting initiatives for reform, you can contribute to broader awareness and progress.

Plan For Travel Or Relocation Carefully

If you are considering traveling or relocating to access legal CBD, research extensively to ensure compliance with local laws. Remember, crossing state lines with CBD can carry legal risks if it is prohibited in your destination.

Read Also:

• CBD vs. Kratom Legality
• Kratom vs. CBD
• Legality Of Natural Herbs Like Kratom: What To Know

Sources:

1. Vučković, S., Srebro, D., Vujović, K. S., Vučetić, Č., & Prostran, M. (2018). Cannabinoids and Pain: New Insights From Old Molecules. Frontiers in Pharmacology, 9(9). https://doi.org/10.3389/fphar.2018.01259
2. Blessing, E. M., Steenkamp, M. M., Manzanares, J., & Marmar, C. R. (2015). Cannabidiol as a Potential Treatment for Anxiety Disorders. Neurotherapeutics, 12(4), 825–836. https://doi.org/10.1007/s13311-015-0387-1
3. Narayan, A. J., Downey, L. A., Rose, S., Lauren Di Natale, & Hayley, A. C. (2024). Cannabidiol for moderate-severe insomnia: a randomized controlled pilot trial of 150 mg of nightly dosing. Journal of Clinical Sleep Medicine. https://doi.org/10.5664/jcsm.10998