With the passage of the 2018 Farm Bill, the legal landscape for hemp has changed dramatically. And that’s left many consumers wondering about the legal status of CBD their states.
At the federal level, hemp products like CBD have been clearly removed from the purview of the DEA, and are now being regulated under the authority of the USDA and the FDA. But while these agencies define their rules for hemp and CBD, many individual states are still working with the laws that they had previously enacted.
Ready for a closer look? Click through the map, or scroll down to the list below, to see what each state has to say about cannabidiol, medical marijuana, and industrial hemp.
Interactive Map: State CBD Laws
Legend:
Green = Cannabis is legal for medical and adult use
Blue = Medical cannabis laws
Yellow = Laws that only permit low-THC, high CBD products and/or industrial hemp cultivation
Gray = No protections for CBD consumers
Looking for more detail? Click on each state below to expand and get more information on the legal status of cannabis and cannabinoids like CBD.
In January 2019, Alabama launched its Industrial Hemp Research and Pilot Program. The program is awaiting guidance from the USDA before issuing licenses to growers.
2014: SB 174 “Carly’s Law”
Allows University of Alabama Birmingham to research the effectiveness of low-THC products for seizure disorders.
2016: HB 61 “Leni’s Law”
Physicians may recommend CBD for more conditions.
Measure 8 (1998), SB 94 (1999): Medical cannabis Ballot Measure 2 (2014): Adult use.
Arizona has a medical marijuana program, and an industrial hemp program was signed into law in 2019. The Arizona Department of Agriculture began issuing licenses to grow and process industrial hemp in 2019. Proposition 203 (2010): Medical marijuana SB 1098 (2018): Industrial hemp pilot program
Issue 6 (2016): Medical cannabis Ark. Stat. Ann. § 2-15-401 et seq. (2017): Industrial hemp pilot program
However, the status of CBD is still murky. In July 2018, the California Department of Public Health (CDPH) released a FAQ prohibiting the use of industrial hemp-derived CBD in food on the grounds that it is an unapproved food additive. Proposition 215 (1996), SB 420 (2003): Medical cannabis Cal. Food and Agric. Code §81000 to 81010 (2016): Industrial hemp
Amendment 20 (2000): Medical cannabis Colo. Rev. Stat. § 35-61-101 to 35-61-109 (2016): Industrial hemp pilot program
Connecticut has a medical cannabis law and has established an industrial hemp pilot program. HB 5389 (2012): Medical cannabis 2014 Conn. Acts, P.A. #14-191 (Reg. Sess.): Industrial hemp feasibility study
In Delaware, medical cannabis is legal for approved conditions. The state also has an industrial hemp pilot program. SB 17 (2011): Medical cannabis Del. Code Ann. tit. 3 § 2800 to 2802 (2016): Industrial hemp pilot program
Washington, DC has legalized medical cannabis and adult use. Adults may possess and gift “marijuana” products, but they may not buy or sell them. CBD derived from industrial hemp is not regulated under these laws. Initiative 59 (1998), L18-0210 (2010): Medical cannabis Initiative 71 (2014): Adult use
Amendment 2 (2016): Medical cannabis S 1726 (Enacted; Effective June 16, 2017): Industrial hemp pilot program
These oils must be below 5% THC and contain at least an equal amount of CBD. Qualifying conditions include end stage cancer, ALS, MS, seizure disorders, Crohn’s, mitochondrial disease, Parkinson’s, and Sickle Cell disease. The Georgia Hemp Farming Act was passed in early 2019 to establish an agricultural hemp program. HB 1 (2015): Low-THC medical cannabis HB 216 (2019): Industrial hemp program
Proposal 14A (2014): Medical cannabis Bill No. 32-35 (2019): Adult use
SB 862 (2000): Medical Cannabis Hawaii Rev. Stat. § 141A to 141J and § 712 (2016): Industrial hemp pilot program
A law that would have legalized low-THC CBD products for medical use was vetoed by the state’s governor in 2015.
In 2018, the state signed into law SB 2772, the Commercial Low THC Hemp Extract Act. This law makes it legal to distribute or sell low THC hemp extract if they can provide a certificate of analysis showing that it contains no more than 0.3% total THC by weight. The law also amends the Cannabis Control Act to exclude low-THC hemp extract from the definition of “cannabis”. In 2019, Illinois legalized adult use. HB 1 (2013): Medical Cannabis Ill. Ann. Stat. ch. 720 § 550/15.2 (2016): Industrial hemp pilot program SB 2772 (2018): Legalized hemp extract SB 0007 (2019): Adult use
In 2018, following disputes around the legality of CBD, the state passed Senate Enrolled Act 52, which allows any person to buy, sell and possess CBD oil. Under the law, CBD products must meet labeling requirements and contains no more than 0.3 percent THC. Ind. Code Ann. § 15-15-13-1 to 15-15-13-17 (2016): Industrial hemp pilot program HB 1148 (2017): Medical CBD for the treatment of epilepsy Senate Enrolled Act 52 (2018): Legalized CBD with less than .3 percent THC
Iowa Senate File 599 was signed into law in 2019 and established an agricultural hemp program. According to the state’s department of agriculture, the program won’t be enacted until 202o at the earliest. The agency says that the hemp bill does not affect the states medical CBD law. In August 2018, Iowa’s Department of Public health released a statement saying that over-the-counter CBD products are not legal in the state. Many stores are selling CBD products anyway, asserting that the products are legal under the 2014 Farm Bill. Iowa Code chapter 124E: Medical CBD Senate File 599 (2019): Industrial hemp program
In 2019, the state legislature passed Claire and Lola’s Law, which created an affirmative defense for possession of CBD oil with up to five percent THC. While it didn’t legalize the production or sale of these products in Kansas, it made it possible for people with specific debilitating medical conditions — or the parents or guardians of a child with these conditions — to possess full-spectrum CBD. SB 263 (2018): Industrial hemp pilot program SB 282 (2018): Updating substances included in schedules I, II and III of the uniform controlled substances act. SB 28 (2019): Low-THC CBD “Claire and Lola’s Law”
According to the Kentucky Department of Agriculture, retailers and processors now using around 61 percent of the hemp grown in the state to make CBD products. SB 124 (2014) Clara Madeline Gilliam Act: Exempted cannabidiol from the definition of marijuana and allows it to be administered by a public university or school of medicine in Kentucky for clinical trial or expanded access program approved by the FDA. Ky. Rev. Stat. Ann. § 260.850 to 260.869 (2016): Industrial hemp pilot program
SB 271 (2017): Medical cannabis HB 491 (2019): Industrial hemp program
Question 2 (1999), LD 611 (2002), Question 5 (2009), LD 1811 (2010), LD 1296 (2011): Medical cannabis Me. Rev. Stat. Ann. tit. 7 § 2231 (2016): legalizes growing industrial hemp for commercial purposes
HB 702 (2003), SB 308 (2011), HB 180/SB 580 (2013), HB 1101- Chapter 403 (2013), SB 923 (signed 4/14/14), HB 881- similar to SB 923: Medical cannabis Md. Agriculture Code Ann. § 14-101 (2016): Industrial hemp pilot program
Question 3 (2012), Regulations (2013): Medical cannabis Question 4 (2016): Adult use Mass. Gen. Laws. Ann. 128 § 116 to 123 (2017): Industrial hemp pilot program
Michigan also has an industrial hemp pilot program. Proposal 18-1 (2018): Adult use Proposal 1 (2008): Medical cannabis Mich. Comp. Laws § 286.841 to 286.844 (2016): Industrial hemp pilot program
SF 2471, Chapter 311 (2014): Medical cannabis Minn. Stat. § 18K.01 to 18K.09 (2016): Industrial hemp pilot program
After the passage of the 2018 Farm Bill, the state created a Hemp Cultivation Task Force during the 2019. The Task Force is working to determine the potential for hemp cultivation and job creation in Mississippi. HB 1231 “Harper Grace’s Law” 2014: Medical CBD
Before that, Missouri law only allowed CBD products derived from industrial hemp with less than .3% THC and at least 5% CBD by weight. The state also has an industrial hemp pilot program. Amendment 2 (2018): Comprehensive medical cannabis HB 2238 (2014): Medical CBD HB 2034 (2018): Industrial hemp pilot program
Initiative 148 (2004), SB 423 (2011), Initiative 182 (2016): Medical cannabis Mont. Code Ann. § 80-18-101 to 80-18-111 (2016): Industrial hemp pilot program
Nebraska’s attorney general has stated that under state law, CBD is only legal if it is in an FDA-approved product. Neb. Rev. Stat. § 2-5701 (2016): Industrial hemp pilot program LB657 (2019): Industrial hemp program
Question 9 (2000) NRS 453A NAC 453A: Medical cannabis Question 2 (2016): Adult use Nev. Rev. Stat. § 557.010 to 557.080 (2016): Industrial hemp pilot program
HB 573 (2013): Medical cannabis N.H. Rev. Stat. Ann. § 433-C:1 to 433-C:3 (2016): Industrial hemp pilot program
The state passed a hemp farming law in 2019. SB 119 (2009): Medical cannabis A5322 (2019): Industrial hemp program
SB 523 (2007): Medical cannabis SB 6 (2017): Industrial hemp pilot program
A6357 (2014): Medical cannabis N.Y. Agriculture and Markets Law § 505 to 508 (McKinney 2016): Industrial hemp pilot program
The state also has an industrial hemp pilot program. HB 1220 (2014) Epilepsy Alternative Treatment Act- Pilot Study HB 766 (2015) Removes Pilot Study designation N.C. Gen. Stat. § 106-568.50 to 106-568.54 and § 90-87(16) (2016): Industrial hemp pilot program
But local law enforcement interpret statutes differently when it comes to CBD, leaving consumers and retailers in legal limbo. For example, in 2017 law enforcement raided a store that sold CBD products, but other retailers in the state have been selling CBD without any repercussions. Measure 5 (2016): Medical cannabis N.D. Cent. Code § 4-41-01 to 4-41-03 and § 4-05.1-05 (2016): Industrial hemp pilot program
HB 523 (2016): Medical cannabis SB 57 (2019): Decriminalizes hemp and CBD
SQ 788: Medical cannabis HB 2913 (2018): Industrial hemp pilot program SB 868 (2019): Expands industrial hemp program HB 2154 (2015): Medical CBD for minors with Lennox-Gastaut Syndrome, Dravet Syndrome, or other severe epilepsy
Oregon Medical Marijuana Act (1998), SB 161 (2007): Medical cannabis Measure 91 (2014): Adult use Or. Rev. Stat § 571.300 to § 571.315 (2016): Industrial hemp pilot program
SB 3 (2016): Medical cannabis Pa. Cons. Stat. Ann. tit. 3 § 701 to 710 (Purdon 2016): Industrial hemp pilot program
Public Health Department Regulation 155 (2016): Medical cannabis
SB 791 (2007) SB 185 (2009): Medical cannabis R.I. Gen. Laws § 2-26-1 to 2-26-9 (2016): Industrial hemp pilot program
State law enforcement has interpreted federal laws to determine that CBD products are legal as long as they contain less than .3 percent THC by weight, and in some cases officials have seized products for testing to ensure they are below that limit. SB 1035 (2014) Medical Cannabis Therapeutic Treatment Act- Julian’s Law: Medical CBD S.C. Code Ann. § 46-55-10 to 46-55-40 (Law. Co-op 2016): Industrial hemp pilot program
A law passed in 2017 removed CBD oil from the definition of marijuana and rescheduled to Schedule IV. But the bill requires FDA approval for CBD products, which means that there will be no legal form of CBD in the state until Epidiolex lands on shelves. SB 95 (2017): Medical CBD
Tenn. Code Ann. § 43-26-101 to 43-26-103 (2016): Industrial hemp pilot program SB 2531 (2014), HB 197 (2015): Medical CBD
In 2019, HB 1325 created an industrial hemp program and clarified the legality of hemp-derived CBD products. SB 339 (2015) Texas Compassionate Use Act: Medical CBD HB 3703 (2019): Medical CBD HB 1325 (2019): Industrial hemp and CBD
Later in the same year, the state’s voters approved a comprehensive medical cannabis law. Prop 2 (2018): Comprehensive medical cannabis Utah Code Ann. § 4-41-101 to 4-41-103 (2016): Industrial hemp pilot program HB 105 (2014) Hemp Extract Registration Act, SB 130: Medical CBD
SB 76 (2004), SB 7 (2007), SB 17 (2011): Medical cannabis H.511 (2018): Adult use Vt. Stat Ann. tit. 6 § 561 to 566 (2016): Industrial hemp pilot program
Va. Code § 3.2-4112 to 3.2-4120 (2016): Industrial hemp pilot program HB 1445 (2105), SB 701, HB 1251: Medical CBD and THCA
Initiative 692(1998), SB 5798 (2010), SB 5073 (2011): Medical cannabis Initiative 502 (2012): Adult use Wash. Rev. Code Ann. § 15.120.005 to 15.120.050 (2016): Industrial hemp pilot program
SB 386 (2017): Medical cannabis Va. Code. § 19-12E-1 to 19-12E-9 (2016): Industrial hemp pilot program
In early 2018, the state’s Department of Justice released a memo declaring that only doctors and pharmacies can distribute CBD and that possession would only be legal with a doctor’s certification. After an outcry from farmers, who said that the state’s industrial hemp pilot program clearly defined a legal path to CBD production, Attorney General Brad Schimel reversed the memo, saying that Wisconsin farmers who grow industrial hemp may legally produce CBD oil. AB 726 (2013 Act 267): Medical CBD Wis. Stat. §94.55; Wis. Stat. §94.67; Wis. Stat. §97.02; §348.27; Wis. Stat. §961.14; Wis. Stat. §961.32; Wis. Stat. §961.442; Wis. Stat. §961.55; Wis. Stat. §973.01 (effective Dec. 2, 2017): Industrial hemp pilot program
While state law enforcement has said that prosecuting CBD consumers is not their highest priority, there is some risk involved in possessing CBD in Wyoming. In 2018, Montana resident Anita Maddux was charged with a felony after she was stopped by police while driving through the state. The officer arrested her for being unable to pay a fine for an expired license plate, and that lead to the confiscation of a small vial of CBD oil that she had in her possession. Although the Teton County Deputy Prosecutor Clark Allan eventually dropped the felony charges, the case had a chilling effect on CBD consumers in the region. HB 32 (2015): Medical CBD Wyo. Stat. § 35-7-2101 to 35-7-2107 (effective July 1, 2017): Industrial hemp pilot program
