Is CBD Legal In My State?

In December 2018, Alabama Attorney General Steve Marshall updated a public notice on the legal status of CBD. As a result of the 2018 Farm Bill, the notice states, “CBD derived from industrial hemp, with a THC concentration of not more than .3%, can be legally produced, sold, and possessed in the State of Alabama.”

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.

Alaska has medical marijuana and adult use laws. However, industrial hemp is classified differently under state law. Alaska has an industrial hemp pilot program, but it isn’t yet producing hemp.

A representative from the state’s Department of Environmental Conservation recently told Alaska Public Media that “there are no lawfully approved sources of CBD” available in Alaska, so it cannot be “sold or used in permitted food establishments.”

Measure 8 (1998), SB 94 (1999): Medical cannabis

Ballot Measure 2 (2014): Adult use.

Arizona has a medical marijuana program, but state law enforcement has been interpreting the law to exclude any cannabis extracts (which could include CBD).

Because of this interpretation, qualifying medical marijuana patients have been prosecuted for possessing products that they believed they were purchasing legally from dispensaries.

In June of 2018, a state appeals court ruled that extracts don’t count as medical marijuana. This dispute is likely to go to the Arizona Supreme Court.

Proposition 203 (2010): Medical marijuana

SB 1098 (2018): Industrial hemp pilot program

Arkansas has laws instituting both a medical marijuana program and an industrial hemp pilot program. However, neither program has yet been fully implemented. Some growers in the hemp program will be focusing specifically on CBD.

Issue 6 (2016): Medical cannabis

Ark. Stat. Ann. § 2-15-401 et seq. (2017): Industrial hemp pilot program

California has legalized medical cannabis, and also permits adult use

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

Colorado has legal medical cannabis and adult use.

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 taken steps to establish 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

Florida has a medical cannabis program and an industrial hemp pilot program is currently being implemented.

Amendment 2 (2016): Medical cannabis

S 1726 (Enacted; Effective June 16, 2017): Industrial hemp pilot program

Georgia state law allows the University System of Georgia to develop a low-THC oil clinical research program that meets FDA trial compliance.

These oils must be below 5% THC and contain at least an equal amount of CDB.

Qualifying conditions include end stage cancer, ALS, MS, seizure disorders, Crohn’s, mitochondrial disease, Parkinson’s, and Sickle Cell disease

HB 1 (2015): Low-THC medical cannabis

Hawaii has both a medical cannabis program and an industrial hemp pilot program.

SB 862 (2000): Medical Cannabis

Hawaii Rev. Stat. § 141A to 141J and § 712 (2016): Industrial hemp pilot program

Idaho does not have medical or adult use cannabis. Nor has the state implemented an 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.

Illinois has an industrial hemp program which specifically allows manufacturers to extract CBD.

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”.

HB 1 (2013): Medical Cannabis

Ill. Ann. Stat. ch. 720 § 550/15.2 (2016): Industrial hemp pilot program

SB 2772 (2018): Legalized hemp extract

Indiana does not have a medical marijuana law, but the state does have an industrial hemp pilot program.

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 does not have a medical cannabis program, or an industrial hemp pilot program. Iowa Code chapter 124E established a medical CBD program, which has not yet been fully implemented.

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

Kansas does not have a medical cannabis program, but in 2018 the state enacted a law that removed from the controlled substances list any hemp products that do not contain THC. The state also passed a law creating an industrial hemp pilot program.

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.

Kentucky does not have a medical cannabis law, but the state has a robust industrial hemp pilot program and a medical CBD 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

Louisiana passed a medical cannabis law in 2017, but the state hasn’t yet implemented an industrial hemp program. Still, companies that sell hemp-derived CBD are setting up shop in the state.

In some areas, Alcohol and Tobacco Control agents have seized CBD products to test them for THC or illegal synthetic ingredients. Officials say that the crackdown was over the THC or synthetic chemicals, not the CBD component of industrial hemp-derived products.

SB 271 (2017): Medical cannabis

In Maine, both medical cannabis and adult use are legal.

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

Maryland has medical cannabis and an industrial hemp pilot program.

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

Massachusetts law allows both medical cannabis and adult use. The state also has an industrial hemp 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

With 2018’s Proposition 1, Michigan became the first midwestern state to legalize adult use, cultivation, and retail marketing of marijuana.

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

Minnesota has a medical cannabis program, as well as an industrial hemp pilot program. Hemp-derived CBD is currently sold throughout the state.

SF 2471, Chapter 311 (2014): Medical cannabis

Minn. Stat. § 18K.01 to 18K.09 (2016): Industrial hemp pilot program

Mississippi does not have medical marijuana or an industrial hemp program. Under a 2014 law, CBD oil is legal under very limited circumstances.

HB 1231 “Harper Grace’s Law” 2014: Medical CBD

In November 2018, Missouri voters approved a comprehensive medical cannabis program. It will allow physicians to recommend medical marijuana at their discretion. Qualifying patients will have access to licensed dispensaries.

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.

Retailers in Missouri are selling CBD products over the counter. In September of 2018, the Missouri Department of Agriculture told ABC news that the legality of CBD oil is “under review” as the department awaits the passage of the 2018 Farm Bill.

Amendment 2 (2018): Comprehensive medical cannabis

HB 2238 (2014): Medical CBD

HB 2034 (2018): Industrial hemp pilot program

Montana has a medical cannabis program and an 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 has an industrial hemp pilot program, but it has not yet passed any laws legalizing cannabis for medical or adult use.

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

In Nevada, cannabis is legal for both medical and adult use. The state also has an industrial hemp pilot 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

New Hampshire has a medical cannabis program as well as an 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

New Jersey has a medical cannabis program, but does not yet allow adult use or have an industrial hemp pilot program.

SB 119 (2009): Medical cannabis

New Mexico has both medical cannabis and an industrial hemp pilot program.

SB 523 (2007): Medical cannabis

SB 6 (2017): Industrial hemp pilot program

New York has medical cannabis and an industrial hemp pilot program. CBD is sold widely in the state and is currently a trendy addition to food and beverages.

A6357 (2014): Medical cannabis

N.Y. Agriculture and Markets Law § 505 to 508 (McKinney 2016): Industrial hemp pilot program

While there is not a comprehensive medical cannabis program in North Carolina, the state does have a law permitting the use of CBD for intractable epilepsy. Despite the limited scope of the law, CBD products are sold throughout the state despite occasional seizures by law enforcement.

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

North Dakota has both medical cannabis and an 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

Ohio has a medical cannabis law that was supposed to have gone into effect in September 2018, but is not yet operational.

In August 2018, the Ohio Board of Pharmacy released a guidance document saying that CBD “can only be dispensed in a licensed Medical Marijuana Control Program dispensary.”

Some retailers have pulled their CBD inventory from the shelves. Others insist that their products are legal under the 2014 Farm Bill, and that the board of pharmacy misinterpreted the law and overstepped their regulatory boundaries.

HB 523 (2016): Medical cannabis

In 2018, Oklahoma approved a medical cannabis program and an industrial hemp pilot program. Neither program is yet operational. In 2015, the state also passed a law permitting CBD for minors with severe forms of epilepsy. CBD-only stores are currently operating in the state.

SQ 788: Medical cannabis

HB 2913 (2018): Industrial hemp pilot program

HB 2154 (2015): Medical CBD for minors with Lennox-Gastaut Syndrome, Dravet Syndrome, or other severe epilepsy

Oregon has a medical cannabis program, an industrial hemp pilot program, and has legalized cannabis for adult use.

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

Pennsylvania passed a medical cannabis law in 2016. The state also has an industrial hemp pilot program.

SB 3 (2016): Medical cannabis

Pa. Cons. Stat. Ann. tit. 3 § 701 to 710 (Purdon 2016): Industrial hemp pilot program

The state of Rhode Island has both a medical cannabis program and an industrial hemp pilot program. Currently, parents of children with autism are lobbying to be able to treat their children with CBD through the medical cannabis program.

SB 791 (2007)  SB 185 (2009): Medical cannabis

R.I. Gen. Laws § 2-26-1 to 2-26-9 (2016): Industrial hemp pilot program

South Carolina has a medical CBD law, which protects patients who use CBD for severe forms of epilepsy. The state also has an 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

South Dakota’s laws are among the most restrictive in the nation when it comes to cannabis. There is no medical marijuana program or 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

Tennessee has an industrial hemp pilot program and a medical CBD law. CBD is sold freely in much of the state, although law enforcement in some localities have cracked down on CBD vendors.

Tenn. Code Ann. § 43-26-101 to 43-26-103 (2016): Industrial hemp pilot program

SB 2531 (2014), HB 197 (2015): Medical CBD

Texas has a medical CBD law that protects patients using the cannabinoid for treatment-resistant epilepsy. In 2018, the Texas Department of State Health Services postponed a plan to crack down on over-the-counter sales of CBD after widespread public outcry.

SB 339 (2015) Texas Compassionate Use Act: Medical CBD

In 2018, Utah passed the Hemp and Cannabidiol Act. This law explicitly legalized CBD and states that the Department of Agriculture and Food ensure that products on the market are free from harmful substances and are labeled accurately.

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

Vermont has a medical cannabis program, an industrial hemp pilot program, and limited legal adult use. CBD is widely produced and sold in the state.

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

Virginia has an industrial hemp pilot program and a medical cannabis law that permits the use of CBD and THCA oil extracts for any diagnosed condition, with a doctor’s recommendation. Despite these restrictions, many retailers still sell hemp-derived CBD over the counter in Virginia.

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

Washington has a robust medical cannabis program, legal adult use, and an industrial hemp pilot program.

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

West Virginia passed a medical cannabis law in 2017, and also has an industrial hemp pilot program.

SB 386 (2017): Medical cannabis

Va. Code. § 19-12E-1 to 19-12E-9 (2016): Industrial hemp pilot program

Wisconsin has a medical CBD law and an 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

Wyoming has not implemented a comprehensive medical marijuana law, but CBD is explicitly legal for patients with seizure disorders. The state also has an 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