Where is CBD Legal?

Where is CBD Legal in USA?

CBD is NOT Legal in ALL States

In 2018, the Agriculture Improvement Act of 2018 (aka the Farm Bill) legalized hemp-derived CBD that contains no more than 0.3% THC. Where is CBD legal? CBD that comes from the marijuana plant remains illegal under the Controlled Substances Act since the Drug Enforcement Administration (DEA) classifies marijuana as a Schedule I drug. In DEA parlance, that means the administration believes it has “no currently accepted medical use and a high potential for abuse.”  

The bill made it possible to exclude cannabis products from List 1 status, CBD was not included, which means that CBD is still a Schedule I controlled substance as per federal law. Any cannabinoid product obtained from hemp is legal if it is produced in a manner consistent with the bill containing a limited amount of THC and produced in a unique way that complies with the rules.

This also does not apply to over-the-counter or online purchases, that is, it is legal to produce CBD products, but it is not necessary to legally sell them to people in general. The only exception is for FDA approved medical products, with Epidiolex, an epilepsy drug containing CBD, and approved by the FDA, which is the single product currently classified under this exception.

Although hemp-derived CBD is now federally legal, many states and cities are updating their laws and they’re not always in line with federal regulations. 

For instance, Colorado recently made it legal to use all parts of the hemp plant as a food ingredient, whereas products with any amount of THC are still illegal in Texas. The best way to determine if CBD products are legal in a specific state is to become familiar with local cannabis laws. 

States Where CBD Is Legal


Alabama’s laws have been in the news lately, but
we’re not here to talk about it today. When it comes to the CBD, it is illegal
in the state, but those with a debilitating epileptic state can use this as a
defense against prosecution.


If you have Georgia in mind, we have good news for
you. The 2015 Act, known as the Haley Hope Act, legalizes CBD oil with a THC
content of less than 5%.

Those who use the oil need a low THC oil
registration card, and patients with one of the 16 conditions, including ALS
and cancer, are eligible for the card.


Indiana legalized the CBD in 2017 for people with
treatment-resistant epilepsy. The product should not contain more than 5% CBD
and less than 0.3% THC.


Iowa law legalized the issuance of medical cannabidiol
to patients, which began in late 2018.


A 2014 Kentucky law legitimizes the CBD when a
licensed physician gives a written order. The law does not concern how the CBD
is obtained.


Mississippi law states that products with a content
of 15% or less CBD are legal if they are received from the University of

Missouri / North Carolina / Oklahoma

We grouped these three because their laws are
similar. CBD is legal for the treatment of epilepsy, although the details are
slightly different in each case.

South Carolina

South Carolina legalized CBD in 2014 for cases
where a doctor’s written testimony was issued stating that the patient was
diagnosed with Lennox-Gas taut syndrome or Drave syndrome, also known as severe
myoclonic epilepsy, or any other severe form of epilepsy, which cannot compete
with traditional medical therapy.

North Dakota

South Dakota
law states that as of March 2017, CBD is excluded from the definition of
marijuana and is legal if the FDA approves the product.


Virginia had similar laws focused on epilepsy, but
they were amended in 2018, which now includes “any diagnosed condition or
disease identified by a healthcare practitioner to benefit from the use of


The Wisconsin Act 2014 legalized the CBD, which is
prescribed for epilepsy if it does not have psychoactive properties.


We did this in alphabetical order, but Wyoming also
has one of the most interesting cases. As in many of the above instances, CBD
(with restrictions) is legal when prescribed for insoluble epilepsy.

Interestingly, the bill became law because Governor
Matt Mead did not sign or veto it. However, it is also not funded, as the
Wyoming Department of Agriculture (WDA) states that “no provision is made
for this legislation, and funding is needed to launch and implement the program
to launch a new WDA program.”

We hope that we can come up with a little more
thing, but the truth is that this is a complex issue, and each state has a lot
of small print.

For the most part, in any state where recreational
marijuana is legal, CBD is also, but beyond that, it is worth checking your
local laws to make sure the situation.

Is the CBD legal in your state? What is your opinion? Feel free to let us know in the comments below to get a 10% discount on all our products.

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