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The Vape Mall Blog

What is the Legality of CBD Across the USA?

Posted by David on

Countless Americans have found ways to incorporate hemp into their daily routines, and the CBD market in the United States is booming like never before. But, still, the laws related to hemp can be a bit confusing depending on where you live. While federal law legalized hemp a couple of years back, there are still some states that have not fully embraced the CBD trend.

If you’re going to use CBD, it’s important to know for certain that it is legal where you live and understand what limitations your state has put on certain types of hemp-derived products.

Federal Law vs. State Law

Before we break down each state’s CBD laws, it’s important to understand the difference between federal law and state law. In 2018, the United States passed the Farm Bill, and this legalized hemp on the federal level. The law stated that hemp and all of its derivatives could be purchased and sold legally, as long as these products contain no more than 0.3% THC.

In spite of federal law, states have the right to modify these laws as they see fit. This is why some states have legalized marijuana despite the fact that it’s illegal federally. Similarly, some states have put restrictions on hemp that have a direct effect on residents’ ability to explore what CBD can do for them.

A Breakdown of CBD Laws by State

Now, let’s go over each state so that you can figure out where you stand:

Alabama

Legal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: None

Possession limits: None

Alaska

Legal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: None

Possession limits: None

Arizona

Legal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: None

Possession limits: None

Arkansas

Legal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: None

Possession limits: None

California

Legal or Illegal: Legal

Legal THC Limit: None

Specific CBD products that are illegal: None

Possession limits: None

Colorado

Legal or Illegal: Legal

Legal THC Limit: None

Specific CBD products that are illegal: None

Possession limits: None

ConnecticutLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: None

Possession limits: None

DelawareLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: None

Possession limits: None

FloridaLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: None

Possession limits: None

GeorgiaLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: Foods (edibles) and beverages

Possession limits: None

HawaiiLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: None

Possession limits: None

IdahoLegal or Illegal: Illegal

Legal THC Limit: -

Specific CBD products that are illegal: -

Possession limits: -

Illinois

Legal or Illegal: Legal

Legal THC Limit: None

Specific CBD products that are illegal: None

Possession limits: None

IndianaLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: None

Possession limits: None

IowaLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: Vapes, flower and other inhalable hemp products

Possession limits: None

KansasLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: None

Possession limits: None

KentuckyLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: CBD flower

Possession limits: None

LouisianaLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: None

Possession limits: None

MaineLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: None

Possession limits: None

MarylandLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: None

Possession limits: None

MassachusettsLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: Foods (edibles), beverages and supplements

Possession limits: None

MichiganLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: Foods (edibles) and beverages

Possession limits: None

MinnesotaLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: Foods (edibles) and beverages

Possession limits: None

MississippiLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: None

Possession limits: None

MissouriLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: None

Possession limits: None

Montana

Legal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: Foods (edibles) and beverages

Possession limits: None

NebraskaLegal or Illegal: Illegal

Legal THC Limit: -

Specific CBD products that are illegal: -

Possession limits: -

NevadaLegal or Illegal: Legal

Legal THC Limit: None

Specific CBD products that are illegal: None

Possession limits: None

New HampshireLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: Foods (edibles) and beverages

Possession limits: None

New JerseyLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: None

Possession limits: None

New MexicoLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: None

Possession limits: None

New YorkLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: Foods (edibles) and beverages

Possession limits: None

.North CarolinaLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: None

Possession limits: None

North DakotaLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: None

Possession limits: None

OhioLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: None

Possession limits: None

OklahomaLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: None

Possession limits: None

OregonLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: None

Possession limits: None

Pennsylvania

Legal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: None

Possession limits: None

Rhode IslandLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: None

Possession limits: None

South CarolinaLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: Foods (edibles), beverages and CBD flower

Possession limits: None

South DakotaLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: None

Possession limits: None

TennesseeLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: None

Possession limits: None

TexasLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: None

Possession limits: None

UtahLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: Foods (edibles), drinks, and smokable products such as flower

Possession limits: None

VermontLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: None

Possession limits: None

VirginiaLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: None

Possession limits: None

WashingtonLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: Foods (edibles) and beverages

Possession limits: None

West VirginiaLegal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: None

Possession limits: None

WisconsinLegal or Illegal: Legal only with the approval of a doctor

Legal THC Limit: 0.3%

Specific CBD products that are illegal: None

Possession limits: None

Wyoming

Legal or Illegal: Legal

Legal THC Limit: 0.3%

Specific CBD products that are illegal: None

Possession limits: None

*Note: State laws can change at any time, so check with your state’s laws frequently. This information is not to be used as the exact laws. As with anything check with your states attorney general and local attorneys. 

CBD is legal according to federal law, but the reality is that a number of states have created restrictions on how we can use hemp. Therefore, make sure that before you start a CBD routine, you check to see what your state has to say. This way, you can enjoy cannabidiol without risk of getting into legal trouble.

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