Is Hemp Extract Legal in

Alabama

Alabama is one of the stricter states when it comes to laws surrounding CBD. Previously they had allowed CBD to be administered to children with severe seizures, but that was the only exception. When the federal farm bill of 2018 passed, the Alabama government posted a notice which indicated that CBD derived from hemp with less than .3% of THC was now legal in accordance with the above mentioned bill. They made sure to specify that this does not change the fact that CBD derived from marijuana, and CBD derived from hemp with more than .3% THC is still illegal. 

Is Hemp Extract Legal in

Alaska

Alaska is one of the states where marijuana is legal both medicinally and recreationally. Due to this, hemp derived CBD, and marijuana derived CBD are both legal in the state. While it is legal to take hemp derived CBD, as of right now, there are no regulated CBD products being produced from within Alaska, so the state is warning resident to stay away from unregulated products.

Is Hemp Extract Legal in

Arizona

In 2010 Arizona legalized medical marijuana, and in May of 2018 they legalized CBD derived from hemp, and of course the farm bill of 2018 further cemented this legalization. Yet, recreational marijuana is still not legalized, and the state puts CBD derived from marijuana in this category. Therefore, the general population cannot legally use marijuana derived CBD, though they can legally buy and use hemp derived CBD.

Is Hemp Extract Legal in

Arkansas

Arkansas passed an industrial hemp act in 2017, which allowed for the production of hemp derived CBD products on a pilot basis. With the farm bill act, this solidified the legality of hemp derived CBD. The state has also legalized medical marijuana, which can be purchased with a prescription only. Any CBD products with higher than a .3% THC content are considered medical marijuana, and are therefor illegal unless they are purchased with a doctors prescription. 

Is Hemp Extract Legal in

California

California is one of the states that has legalized recreational marijuana, and is well known for having had lax laws surrounding cannabis for many years. Due to this, many people may assume that CBD has been legal for quite some time. Yet, this isn’t the case. The California Department of Public Health had previously outlawed hemp derived CBD in food products, and the only CBD that was actually allowed was cannabis derived CBD from a dispensary. With the passing of the farm bill, the hemp derived CBD is no longer outlawed. Now, everyone in California can enjoy his or her CBD derived from both hemp and cannabis. 

Is Hemp Extract Legal in

Colorado

Colorado has become synonymous with marijuana, and for good reason. Colorado was one of the first states to legalize marijuana recreationally. In Colorado marijuana can be used for medicine or pleasure, and this includes CBD- derived from marijuana or hemp. There are still some rules in place when it comes to the regulation of the substance, like the fact that you have to be over 21, you cant have over an ounce in your possession at a time, and you cannot use it in public. Other than these few laws, Colorado citizens are free to enjoy marijuana, or CBD in its many forms. 

Is Hemp Extract Legal in

Connecticut

Connecticut is currently in a place very similar to many other states. Hemp derived CBD is now legal thanks to the farm bill, and medical marijuana is also legal. Yet, while marijuana has been decriminalized, it has not yet been made legal recreationally. Thus, CBD derived from cannabis is also still not legal unless it is through a prescription.

Is Hemp Extract Legal in

Delaware

Delaware has allowed medical marijuana for approved medical conditions since 2013, but it has not been legalized recreationally. As far as CBD is concerned, if it is derived from hemp it is completely legal, and even before the farm bill, there were no laws against hemp derived CBD. Yet, CBD derived from marijuana is still considered illegal unless it is being used as medical marijuana. There have been attempts at getting marijuana legalized recreationally, but as of yet there has not been success.

Is Hemp Extract Legal in

Florida

Florida has been slow when it comes to the legalization of cannabis products. Originally, Florida only allowed patients with a medical marijuana card to use low THC CBD oil. Then in 2016 Florida approved medical marijuana for both high and low THC products, but still did not include the marijuana flower, and did not allow the plant to be smoked for medicinal purposes. This is potentially about to change this month, and the new governor is attempting to include the flower portion of the plant for medical purposes. Unfortunately, if someone does not have a medical marijuana card, they cannot legally use CBD derived from marijuana. They can however use hemp derived CBD with less than .3% of THC.

Is Hemp Extract Legal in

Georgia

Georgia has extremely strict laws when it comes to cannabis. Georgia does have medical marijuana laws but these laws only allow patients with a special card legal protection from the law, and the only marijuana they are allowed is low THC oil. They offer no protection for any other products. It is also still illegal to sell medical marijuana in Georgia, which makes it extremely hard for those patients to even receive the oil. Thankfully, many patients do utilize CBD extracted from hemp since it is legal, and you do not need a medical marijuana card in order to use or buy the products. 

Is Hemp Extract Legal in

Hawaii

Hawaii has a robust medical marijuana program that supports the acquisition of medical marijuana for qualified patients. They also help ensure that there are dispensaries available for patients so that the medicine they need is easily accessible. Since recreational marijuana is not legal in Hawaii, CBD derived from marijuana is also not legal unless you have a medical marijuana card. CBD derived from hemp has been legal for many years in Hawaii, and they even have a hemp pilot program for growers.

Is Hemp Extract Legal in

Idaho

Idaho has one of the strictest marijuana and CBD laws of all the states. They do not have a medical marijuana program (although they do allow patients with epilepsy to use the FDA approved CBD drug), and they even are cracking down on legal CBD oil. Despite the 2018 farm bill which legalizes hemp with less than .3% THC, the Idaho government insists that hemp derived CBD in their state is not legal unless it has 0% THC and is made in a very specifically. The Idaho legislature does not want any legalization of marijuana products, and is even unwilling to completely allow hemp derived CBD. Due to the conflicting nature of the farm bill and Idaho law, the gray areas of CBD legality rightfully confuse many citizens. 

Is Hemp Extract Legal in

Illinois

Illinois has had a functioning medical marijuana program for a number of years where qualified patients can receive a wide variety of medical marijuana products. Not long before the 2018 farm bill, Illinois also legalized the growth of hemp, and CBD with less than.3% of THC. Illinois has generally become more lax with their marijuana laws, and certain areas of Illinois, like Chicago has decriminalized marijuana. There have also recently been moves to try to get recreational marijuana laws passed, but the outcome of those laws is yet to be seen.

Is Hemp Extract Legal in

Indiana

Indiana is another state where marijuana laws are strict. They do not have a medical marijuana program, and they do not appear close to legalizing recreational marijuana. Due to this, CBD derived from marijuana is not considered legal. Since the 2018 farm bill, they do recognize the legality of hemp derived CBD, and this can be purchased across the state at a wide variety of specialty shops. CBD with more than .3% THC is absolutely not legal yet in the state. 

Is Hemp Extract Legal in

Iowa

Iowa has a lot of gray area when it comes to the legality of cannabis products. They do have a medical marijuana program for those who qualify, but this program only allows patients to receive CBD oil. This medical product also cannot contain more than 3% THC. Further, there are only 5 licensed dispensaries across the state of Iowa. This can make it hard for these patients to get the medicine that they need. Without a medical card, all marijuana, and marijuana derived products are illegal, and there is even some cloudiness when it comes to hemp derived CBD. The Iowa department of public health issued a statement indicating that they do not regulate the sale or production of “other” CBD products, and stated “Iowans who dispense, sell, possess, or use such products are not protected from criminal prosecution”. This makes for a very confusing state of affairs, federally hemp derived CBD is legal, yet, the Iowa government said if these products are not regulated by them they are not legal, and they are not regulating the products. This leaves many Iowans in limbo when it comes to purchasing CBD products. 

Is Hemp Extract Legal in

Kansas

Kansas currently does not have a medical marijuana program, although they are currently working on a potential bill, which would allow veterans first access to medical marijuana in the state. As far as CBD is concerned, it is legal only if it is derived from hemp. After the farm bill in 2018, Kansas has started a pilot program for hemp research, and the governor officially removed hemp derived CBD from their legislative definition of marijuana.

Is Hemp Extract Legal in

Kentucky

Kentucky does not allow recreational marijuana, and it also does not have a medical marijuana program in place, though there is currently a push for a program to be put in place. Therefore, marijuana derived CBD is not legal in the state in any capacity. However, in accordance with the federal farm bill, CBD derived from hemp is legal. The caveat is that according to the department of agriculture it is against the law to grow, handle or process hemp without a license from the department of agriculture.

Is Hemp Extract Legal in

Louisiana

Like many other states, Louisiana has a medical marijuana program, but the program only allows patients to receive CBD oil with low levels of THC. Marijuana is not legal recreationally. This means that CBD derived from marijuana is not legal without having a medical marijuana card. Hemp derived CBD is legal only if it falls under the .3% THC levels.

Is Hemp Extract Legal in

Maine

In 2016 Maine legalized recreational marijuana. This made all forms of marijuana legal for consumption including CBD derived from both marijuana and hemp. Recently though, state officials have ordered that hemp derived CBD that has been used as a food additive must be taken off the shelves. This is due to the fact that the department of Health and Human Services deemed it as unsafe as a food additive. The FDA insists this is illegal since it has not been proven safe for consumption. Despite this, CBD is still allowed to be sold in all its other formats.

Is Hemp Extract Legal in

Maryland

Similar to many other states, Maryland does have a medical marijuana program where qualified patients can get medicinal marijuana and CBD products. Yet, it is not legal recreationally and so CBD derived from cannabis cannot be purchased without a medical card. Hemp derived CBD is legal, and has been grown in Maryland since 2016, it can be purchased at stores over the counter throughout the state, and can also be sold out of the state. 

Is Hemp Extract Legal in

Massachusetts

Massachusetts has lax laws when it comes to marijuana and hemp. Marijuana is legal for recreational use in Massachusetts, and this includes CBD derived from marijuana. There are a few rules that prohibit using the substance in public, and on federal land, but otherwise it is easy to purchase and available in many forms. It is important to note that it cannot be purchased unless the person buying it is over the age of 21. Hemp derived CBD is also legal, and has been for a number of years.

Is Hemp Extract Legal in

Michigan

In 2018 Michigan became a part of the few states across the USA to legalize recreational marijuana. There are still a lot of regulatory hoops to jump through, including licensing facilities to sell. Due to this, people can currently use marijuana, but they cannot yet buy marijuana. CBD is also legal, and is legally no longer classified as marijuana in the state of Michigan.

Is Hemp Extract Legal in

Minnesota

Minnesota does have a medical marijuana program for those with qualifying conditions. They also have worked to decriminalize marijuana, and also have a hemp pilot program. Recreational marijuana is not legal, so CBD derived from marijuana can only be obtained through a medical card. Hemp derived CBD is legal, and can be bought at certain stores, or online.

Is Hemp Extract Legal in

Mississippi

In Mississippi, only low THC CBD products are available for medical usage, and this is specifically a law that was put in place for epilepsy patients. Other than this there are not many options for those who are seeking medical marijuana. The state has set up laws for decriminalization, but it does not appear that legalization is coming anytime soon. The state has also not yet approved the legal growth of the hemp plant despite the 2018 farm bill. So while it is legal federally, CBD derived from hemp cannot be produced in Mississippi.

Is Hemp Extract Legal in

Missouri

Missouri has recently legalized medical marijuana, but it most likely will not be until 2020 that the products will become available. CBD derived from marijuana is not currently legal, and neither is recreational marijuana. They do have a pilot hemp program, and CBD derived from hemp is legal. 

Is Hemp Extract Legal in

Montana

Montana has a medical marijuana program, and also has an industrial hemp program. They have not legalized recreational marijuana or CBD derived from marijuana. The laws around hemp derived CBD are not straightforward. While it is not illegal to take CBD derived from hemp, the state insists that they do not regulate CBD, and therefore it is not necessarily legal to sell in Montana, yet in their statement they suggest that unless it is causing harm they also may not intervene in the sale of the product. This vague language causes a lot of uncertainty among the citizens of Montana in regards to their CBD products, and whether they can have them legally.

Is Hemp Extract Legal in

Nebraska

Nebraska is one of the few states that currently has no medical marijuana program in place, thought that could soon change with an initiative that seeks to place medical marijuana on the 2020 ballot. Nebraska’s stringent marijuana laws do not end at medical marijuana. The state attorney general also released a statement indicating that CBD in any form is illegal in Nebraska. Part of his statement reads as follows: “Therefore, with the exception of Epidiolex oral solution, cannabidiol or any product containing cannabidiol, obtained by any means other than the authorized UNMC study, remains illegal to possess, manufacture, distribute, dispense, or possess with the intent to manufacture, distribute, or dispense. Such conduct is subject to prosecution for illegally possessing or trafficking a Schedule I controlled substance.” Many find this to be in direct conflict with the 2018 farm bill that removed hemp derived CBD from that classification. While the attorney general insists on its illegality, there are still many stores that sell CBD derived from hemp with no problems. 

Is Hemp Extract Legal in

Nevada

Nevada remains one of the most progressive states when it comes to marijuana laws and regulations. The state legalized recreational marijuana in 2016, and has had a medical marijuana program since 2001. Residents have access to all forms of cannabis and CBD products. The simply must follow the rules and regulations, such as, being over the age of 21, not using marijuana in public places, and not driving under the influence. Hemp derived CBD products are also completely legal. 

Is Hemp Extract Legal in

New Hampshire

New Hampshire has a medical marijuana program, and has also decriminalized marijuana across the state. It has not yet been legalized recreationally, so CBD derived from marijuana is not legal without being a part of the medical marijuana program. Hemp derived CBD is legal through farm bill of 2018, which states that it must be below the .3% level of THC to remain legal.

Is Hemp Extract Legal in

New Jersey

New Jersey has not legalized recreational marijuana, but they do have a medical marijuana program, and CBD derived from cannabis can be purchased with a medical card. Hemp derived CBD is also legal, and the state started a hemp pilot program in 2018 to get the process of studying and producing hemp in New Jersey started.

Is Hemp Extract Legal in

New Mexico

New Mexico has a medical marijuana program, and through that program, patients can receive CBD, but they can also have hemp derived CBD thanks to a bill passed in 2018 that allowed licensed farmers to cultivate hemp crops. As of yet, New Mexico has not legalized recreational marijuana.

Is Hemp Extract Legal in

New York

New York currently falls somewhere in the middle as far as legality of cannabis products stand. They do have a medical marijuana program, but the program is somewhat restrictive, only including 12 disorders, and not allowing marijuana to be smoked. Currently recreational marijuana is not legal, but there has been talk about a proposal being introduced during the 2019 legislative session, so it may not be far off. As far as CBD goes, the general rules are followed, meaning CBD derived from hemp with less than .3% THC is legal. Though there has been a crackdown on establishments serving it as a food additive. The FDA insists this is illegal since it has not been proven safe for consumption as a food additive.

Is Hemp Extract Legal in

North Carolina

North Carolinas only medical marijuana option at the moment is low THC CBD oil for those who suffer from seizures. Yet, it appears that they may not be too far off from legalizing up to 3 ounces of marijuana for personal use. A proposal is going to be up this year that may yield that result. Currently, CBD derived from hemp is legal so long as it follows the rule of being below .3% THC, and is not put as an additive into food. 

Is Hemp Extract Legal in

North Dakota

North Dakota has a medical marijuana program that is well established and generally allows for all forms of marijuana and covers a large variety of patient disorders. North Dakota also allows for hemp derived CBD, but if someone wishes to be a grower of hemp, the must procure a license from the Department of Agriculture. CBD derived from marijuana is not available to those without a medical card, and recreational marijuana is also illegal.

Is Hemp Extract Legal in

Ohio

While Ohio does have a medical marijuana program, they are one of the few states where hemp derived CBD oil is not yet legal despite the farm bill of 2018. Currently, Ohio law does not distinguish a difference between hemp derived CBD and marijuana derived CBD, and their law reads as follows: Section 3719.01 of the Ohio Revised Code defines marijuana as, “all parts of a plant of the genus cannabis, whether growing or not; the seeds of a plant of that type; the resin extracted from a part of a plant of that type; and every compound, manufacture, salt, derivative, mixture, or preparation of a plant of that type or of its seeds or resin.” The state has decreed that only CBD from one of their dispensaries used for medical purposes will be legal. They have also not created a hemp pilot program.

Is Hemp Extract Legal in

Oklahoma

Oklahoma has made the distinction between hemp and marijuana with the house bill 1559. In 2018 Oklahoma also passed a bill to allow for a pilot hemp program. Due to these bills, CBD derived from hemp is legal. Yet, CBD derived from marijuana is not legal without a medical card. Oklahoma does have a medical marijuana program. Recreational marijuana is not yet legalized. 

Is Hemp Extract Legal in

Oregon

Oregon is another state that has lax laws surrounding all forms of marijuana and hemp. Marijuana is legal for recreational use in Oregon. This includes CBD derived from marijuana, as well as CBD derived from hemp. In fact Oregon has allowed the sale and possession of hemp derived CBD since 2009, and marijuana has been legalized since 2015. Of course, the normal laws still apply, such as, no using the marijuana in public, while driving, or under the age of 21. There are also limits to the amount that a person can have on them at any given time, and how much they can grow in their homes.

Is Hemp Extract Legal in

Pennsylvania

In Pennsylvania, both medical marijuana and industrial hemp and legal. Both were signed into law in 2016. To grow hemp a person must have a permit from the Department of Agriculture. Thus, CBD derived from hemp is legal in Pennsylvania, but it must stay below.3% THC. CBD derived from marijuana is not considered legal without a medical marijuana card since recreational marijuana has not been legalized. 

Is Hemp Extract Legal in

Rhode Island

Rhode Island is fairly progressive when it comes to marijuana laws. Rhode island allows CBD derived from hemp, it has decriminalized marijuana, and it has a medical marijuana program that has been around since 2006. Rhode Island has not yet made marijuana legal recreationally, which means someone cannot get CBD derived from marijuana without a medical card. Yet, hemp derived CBD can be purchased over the counter.

Is Hemp Extract Legal in

South Carolina

While South Carolina does have some medical marijuana laws, those laws are very strict, and only offer low THC CBD oil, and only for specific epileptic disorders. Marijuana in general is certainly not legal, and neither is CBD derived from marijuana. CBD derived from hemp is legal and has been since 2014, and they have a program for the growth of hemp already in place.

Is Hemp Extract Legal in

South Dakota

South Dakota is one of the strictest states when it comes to marijuana laws. Marijuana in all forms is illegal in the state; this includes medical marijuana as well as CBD. It also has one of the harshest punishments for possession of marijuana. The state even has Senate Bill 95, which contradicts the farm act and makes CBD illegal, even if it is derived from the hemp plant. 

Is Hemp Extract Legal in

Tennessee

Tennessee is another state where their medical marijuana laws are very narrow in scope. They only offer patients with certain seizure disorders the medicine, and only give CBD oil with less than .9% THC. While Tennessee is most likely not going to be legalizing marijuana recreationally anytime soon, it makes sense that CBD derived from marijuana is also considered illegal without a prescription. Yet, hemp derived CBD is in fact legal in Tennessee, it just has to be below .3% THC. Tennessee has allowed hemp to grow since 2014, and provides licensure to potential growers.

Is Hemp Extract Legal in

Texas

Texas does have a form of medical marijuana, which brought about by the compassionate use act. This allows a small subset of patients to receive low THC CBD. Outside of this program, marijuana is not legal, and CBD derived from marijuana is also not legal. Hemp is legal in Texas, but CBD derived from hemp must have 0% THC and be taken from specific parts of the plant. This is stricter than the federal law, which states that it must be below .3%. This can make CBD derived from hemp harder to find legally in Texas.

Is Hemp Extract Legal in

Utah

Utah recently started a medical marijuana program, but since it will take a while to start processing applications, register medical providers, and set up pharmacies, the program will most likely not be operational until 2020. In Utah, recreational marijuana is not legalized and therefore, neither is CBD derived from marijuana. CBD derived from hemp is legal across Utah. As of December 2018, the state no longer requires people who legally posses hemp to have a hemp registry card. The only stipulation is that the CBD product must stay below the .3% level of THC. 

Is Hemp Extract Legal in

Vermont

Recreational marijuana is officially legal in Vermont as of July 1, 2018. The laws regulating marijuana for the state indicate that a person can have no more than an ounce in their possession. The only problem is that the state did not set up any formal marketplace for marijuana, so there are no dispensaries from which to buy it. Thankfully, the citizens of Vermont are allowed to have up to six marijuana plants in their home. And while you are not allowed to sell marijuana, you are allowed to give it to people. Since marijuana is legal, CBD derived from both marijuana and hemp are legal. In fact, CBD derived from hemp has been legal since 2014 in Vermont.

Is Hemp Extract Legal in

Virginia

Virginia is a state that does not have a robust medical marijuana program, but they do allow certain conditions to apply for medical CBD oil. Unfortunately, the process of applying can be arduous, but it has improved recently. As of last year, the law has been expanded to include other diagnosed conditions outside of just epilepsy. Virginia has not legalized recreational marijuana, so CBD derived from marijuana cannot be obtained without going through a doctor and applying for the medical marijuana program. Hemp derived CBD is legal in Virginia, and has been growing in the state since 2015- by licensed growers only.

Is Hemp Extract Legal in

Washington

Washington is another state that has completely legalized recreational marijuana. This means of course that CBD derived from Marijuana is also legal. In Washington, Adults over the age of 21 can purchase up to one ounce of useable marijuana (aka the flower), 16 ounces of marijuana-infused edibles in solid form, 72 ounces in liquid form, and 7 grams of marijuana concentrates. Of course, the typical rules apply including no driving and no using the marijuana in public areas. While Washington has produced hemp since 2016, it is actually still not legal to produce CBD in Washington State, according to the Washington State Department of Agriculture, they are attempting to update their laws to reflect the new farm bill, but the updates have not yet gone into affect.

Is Hemp Extract Legal in

West Virginia

West Virginia signed into effect their medical marijuana program in 2017, but patients may not be able to access their medical marijuana cards until July of 2019. Outside of the medical program, which seeks to help those with serious medical conditions only, marijuana is still illegal in West Virginia. This includes CBD derived from the marijuana plant. Hemp derived CBD is legal in West Virginia. Hemp in Virginia has been grown since 2002, and those who are licensed can plant, grow, harvest, possess, process, and sell the plant commercially.

Is Hemp Extract Legal in

Wisconsin

Like many other states, Wisconsin has a very narrow focus when it comes to their medical marijuana program. In Wisconsin, the only recognized condition for treatment with marijuana is epilepsy. The patient must have a note from their doctor, and they are only allowed to be given CBD oil. Out side of this specific situation, marijuana is not legal in Wisconsin, and this includes CBD derived from marijuana. The silver lining is that the new governor of Wisconsin is introducing a proposal to decriminalize marijuana. Wisconsin has had an industrial hemp growing program since 2017, and in the wake of the farm bill, the district attorney issued a statement clarifying that CBD derived from hemp is in fact legal in Wisconsin. 

Is Hemp Extract Legal in

Wyoming

Wyoming actually has some of the strictest laws when it comes to cannabis products. The state does have a medical marijuana law that allows seizure patients to have access to CBD oil, but that is the extent of the program. There have been multiple attempts to both expand the scope of the medical marijuana program, as well as to try to decriminalize marijuana possession but both attempts up until now have failed. The stringent laws do not just end with derivatives of marijuana; the law also cracks down on hemp derived CBD products. Hemp has been growing in Wyoming since 2017, and the farm bill legalized hemp CBD with less than .3% THC, and yet Wyoming is still arresting shop owners for having more than 0% THC in their products. 

As is clear from this journey across the US, while there has been a lot of progression across the United States regarding CBD laws, there is still massive variation between states. Unfortunately for many residents, some states have almost opposite laws in place from the federal government, specifically in regards to the changes brought about by the 2018 farm bill. This dichotomy has led to a lot of confusion, and may people do not know where they stand when it comes to the legality of the products they use, or the legality of the products that they sell. Hopefully, as more states solidify their positions, there will be more unity across the United States in terms of CBD, and marijuana laws.