Anyone who’s spent time researching the laws and regulations surrounding CBD knows that they can be difficult to track. These laws and regulations are constantly in flux, which makes it difficult enough. But with 50 states plus territories each enforcing slightly different CBD laws, it becomes nearly impossible to keep track.
There’s a common Latin phrase in the legal community, “Ignorantia juris non excusat or ignorantia legis neminem excusat.” It roughly translates to “ignorance of the law excuses not” and means that regardless of whether or not you know the law, you are still required to obey it. That same principle applies to laws surrounding CBD and hemp.
To help you keep track of these rules and regulations, we’ve assembled a comprehensive list of the laws surrounding CBD for each state and U.S. territory. This list is updated regularly, and we’ve helpfully added direct links to each state’s .gov site, where you can check to ensure that the information contained here is accurate. Select a state or territory to get started:
- Federal Laws
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Rhode Island
- South Carolina
- South Dakota
- West Virginia
- Washington D.C.
- Puerto Rico
CBD was made federally legal by the 2018 Farm Bill. This bill legalized the production of industrial hemp containing less than 0.3% THC. In doing so, it allowed for the creation of hemp products that adhered to that requirement, functionally legalizing CBD.
In early 2021, the rules regarding the production of industrial hemp were slightly revised by the USDA. Check out our article “Summarizing the New USDA Rules[Link to Summarizing the New USDA Rules]” to view the latest updates to CBD laws at the federal level.
Per the latest information from the state government of Alabama, CBD products that contain less than 0.3% THC can be sold without restriction. CBD can also be purchased via online retailers in the state of Alabama. Cultivation laws in Alabama are somewhat outdated as they adhere to the regulations of the 2014 Farm Bill.
Alaska currently abides by the laws established in the 2018 Farm Bill. Any CBD product with less than 0.3% THC can be sold to individuals of appropriate age (21+) for any reason.
The laws on the books in Alaska technically require the CBD and hemp products sold within the state to come from the state’s industrial hemp pilot program, but that program has yet to be established. Until that program is established, authorities have allowed both physical and online retailers to sell CBD products that adhere to federal regulations within the state of Alaska.
Arizona allows for the sale of CBD products that adhere to the requirements laid out by the 2018 Farm Bill. In late 2020, Arizona legalized the sale of recreational cannabis, which allows for the sale of CBD dominant products with a THC percentage in excess of 0.3%, but only at cannabis dispensaries. Other locations may still sell CBD products with less than 0.3% THC. One thing to keep in mind when selling or purchasing CBD products in Arizona is that the state is among the more restrictive when it comes to vape products. Vaping is currently legal in Arizona, but it has been a hotly contested issue and should be observed closely if you intend to sell these products.
Individuals over the age of 21 are permitted to purchase CBD products in Arkansas so long as they contain less than 0.3% THC. Currently, there are very few CBD retailers in Arkansas, making it difficult for people to get their hands on CBD products. However, the state does allow for the delivery of CBD from online retailers.
As a state with recreational cannabis, California has CBD laws that are more lax than those of many other states. All retailers are permitted to sell CBD products with less than 0.3% THC, and licensed dispensaries are permitted to sell CBD products with a THC percentage in excess of the federal maximum. California does have a unique labeling law for CBD products. Like all products in California, any CBD product containing a known carcinogen must indicate that on the packaging. Labels must also include the product’s origins, a complete list of ingredients, THC and CBD percentages, and an expiration date.
Colorado was one of the first states to legalize recreational cannabis and as a result is one of the more lax states when it comes to CBD product sales. Any retailer is permitted to sell CBD products with less than 0.3% THC, and the hemp used in these products may originate from any state. Sometimes, confusion arises regarding the status of CBD in Colorado because it was never specifically legalized. However, the commonly accepted definition of CBD as a cannabis product functionally legalizes the product in this cannabis-friendly state. Like other states with recreational cannabis, CBD products with more than 0.3% THC can be sold at licensed dispensaries.
Per the state government in Connecticut, “Under Connecticut law, a person does not need a license to sell low THC hemp-derived CBD products at retail, as long as the person is not processing or manufacturing hemp into CBD. The CBD need not be sourced from within Connecticut, but must be legally acquired.” Another important note for CBD products in Connecticut is that low-THC products that are intended for ingestion are classified as food and are regulated under that category rather than the more common controlled-substance category.
Delaware allows for the sale of hemp-derived CBD products that adhere to the rules outlined in the 2018 Farm Bill. Delaware allows both physical and online retailers to sell these products so long as they fit the requirements laid out in the Farm Bill.
Florida has few restrictions regarding the sale of CBD products. The state follows the laws laid out by the 2018 Farm Bill, and allows both physical and online retailers to sell hemp-derived CBD products with less than 0.3% THC. Through SB 1020, Florida has also reclassified hemp-derived cannabinoids so they are no longer considered controlled substances.
CBD oil is legal for sale in the state of Georgia. The rules within Georgia are in line with the 2018 Farm Bill, and were codified into state law by HB 213. The most notable restriction for CBD products sold within the state of Georgia is that the sale of CBD products in food, drink, dietary supplements, or animal feed is prohibited. CBD is also not permitted to be sold in smokeable forms within Georgia.
Hawaii states that its standards are aligned with those of the FDA, which means that the sale of CBD products with less than 0.3% THC is permitted. Notably, Hawaii does not allow for the sale of CBD products that are integrated with food, beverages, or cosmetics. It is also illegal to sell CBD as a dietary supplement.
Idaho is widely considered to be one of the least CBD friendly states. For CBD oil to be sold in Idaho, it must have no THC content whatsoever and must be manufactured from specified areas of the hemp plant. With the exception of Epidiolex, the sole FDA-approved prescription medication containing CBD, any CBD product containing even a modicum of THC is still treated as a controlled substance within the state of Idaho.
Illinois is one of many states with decriminalized cannabis and a recreational cannabis program. These two elements make Illinois more CBD friendly than most states. The most notable restriction on CBD in the state of Illinois is that any CBD product sold in the state must meet IDOA testing requirements. Illinois also requires each CBD product label to state the following:
- Registered name of the product
- Testing date and lab
- PO box address of where it was cultivated
- THC and CBD content percentages
- Serial number, batch number, and lot number
- Packaging dates, production dates, and expiration date
Indiana allows CBD products containing less than 0.3% THC to be sold within state limits. Like many other states, Indiana does not allow for retail sale of products to which CBD has been added, such as food and cosmetic products. Prior to distribution, the products must be tested by an independent laboratory, and the results of those tests must be made available to consumers via a QR code on the product label.
Iowa has given some mixed signals regarding their stance on the legality of CBD sales within the state. But it is legal to sell CBD products that have less than 0.3% THC. Iowa does not require CBD to come from hemp plants produced within the state. All products sold within Iowa are required to meet the state labeling laws, which require THC and CBD percentages to be visible on the level. Right now, edibles are not permitted for sale within the state of Iowa.
Kansas has acknowledged that CBD and cannabis are two distinct products, and state laws exempt CBD from the definition of marijuana. In 2019, Kansas adopted a law that allows for the sale of CBD, but enforces stricter regulations than the federal government. The law of Kansas requires any CBD product sold to contain no THC whatsoever, which restricts the availability of these products. Any location selling these products is required by law to prove that the products they sell contain 0% THC.
The CBD laws in Kentucky are almost entirely in line with the regulations of the 2018 Farm Bill. There is no special license required for a retailer to sell products that contain CBD so long as those products have less than 0.3% THC. If selling CBD in Kentucky, ensure that all the products you stock comply with the existing food and cosmetic laws.
Louisiana allows for the sale of CBD goods containing less than 0.3% THC within certain limits. Any product intended for oral consumption or inhalation that contains CBD is not permitted for sale. Currently the only products that are allowed to be sold in Louisiana are tinctures and topically applied products such as lotions and massage oils.
Maine is one of the easier states when it comes to CBD laws. Both hemp-derived CBD and marijuana-derived CBD are legal for purchase, though the latter is available at dispensaries and not in standard retail locations. Non-dispensary retailers must still adhere to the rules laid out in the 2018 Farm Bill, so products cannot contain more than 0.3% THC if it is sold in a standard retail location.
Maryland follows the 2018 Farm Bill regulations allowing for the sale of CBD products with less than 0.3% THC. Retailers are permitted to sell these products over the counter. There are no additional restrictions on CBD products, so you can sell and purchase CBD edibles, vaporizers, and cosmetic products in Maryland.
Massachusetts has fairly standard laws regarding the sale of CBD through typical retail channels. In June 2019, the Massachusetts House of Representatives passed Bill H4001, which cleared up confusion surrounding CBD. H4001 reclassified all ingestible CBD as food products, and reclassified all cosmetic products featuring CBD as personal care products. All CBD products within these categories must contain less than 0.3% THC; otherwise, CBD must be sold in a dispensary alongside cannabis products.
Michigan allows for the sale of CBD products containing less than 0.3% THC. The marijuana regulatory agency of Michigan has stated that any CBD products produced from a marijuana plant will not be regulated as marijuana so long as they adhere to that percentage maximum. Any edible products sold within the state must use CBD contained from regulated sources. This designation currently includes licensed growers and processors under the MMFLA and the State of Michigan.
As of January 1, 2020, all products containing hemp-derived CBD can be sold so long as they meet all of the conditions outlined in M.S. 151.72. The main conditions are:
- Products must be tested by an independent, accredited laboratory.
- CBD cannot exceed 0.3% THC.
- Label cannot claim any medical benefits.
- Label must show name, location, address, contact information and manufacturer website.
- Label must provide THC and CBD percentages.
- Label must provide contact and address information of the testing laboratory.
Mississippi has a unique set of CBD laws that require all products to maintain a 20:1 ratio of CBD to THC. Each product sold must contain a minimum of 50 milligrams of CBD and must contain no more than 2.5 milligrams of THC. The good news is that most products made under the 2018 Farm Bill regulations meet or exceed these requirements.
Missouri adheres to the same rules laid out in the 2018 Farm Bill. Most industrial hemp products can be sold within the state of Missouri, and it is legal for over-the-counter sale. Law enforcement officials in Missouri have stated that they have no intention or interest in pursuing any penalties against people who sell or possess CBD products with less than 0.3% THC.
Montana allows for the sale of both marijuana-derived and hemp-derived CBD. The former requires a medical marijuana card and can only be sold at dispensaries, but hemp-derived CBD with less than 0.3% THC can be sold at any retail operation.
Following the passing of the 2018 Farm Bill, Nebraska quickly passed the Nebraska Hemp Farming Act (Legal Bill 657). This allowed for the cultivation and commercialization of hemp-derived CBD products that adhere to the 0.3% THC maximum.
The state of Nevada mostly adheres to the rules laid out by the 2018 Farm Bill. The most important notes regarding the sale of CBD products in Nevada are that they cannot be combined with foods and that the products can make no medical claims. As a recreational cannabis state, Nevada allows for the sale of CBD products with more than 0.3% THC at dispensaries.
New Hampshire’s CBD laws are identical to those of the 2018 Farm Bill and the New Rules [Link to USDA New Rules Summary]recently instituted by the USDA. In short, CBD products may be sold in the state of New Hampshire so long as they are hemp-derived and have less than 0.3% THC.
New Jersey has made it legal to purchase hemp-derived CBD products with less than 0.3% THC. There are no special rules regarding food or cosmetics, so it is legal to sell CBD edibles and cosmetics.
In New Mexico, they largely adhere to the rules laid out by the 2018 Farm Bill. Industrial hemp-derived CBD products with 0.3% THC can be purchased by anyone who is 18 or older. Individuals with a medical marijuana card can purchase CBD products with more than 0.3% THC at a licensed dispensary.
New York allows for the sale of hemp-derived CBD products that contain less than 0.3% THC. The state also allows manufacturers and retailers to sell edibles and cosmetic products. There are two notable stipulations from the state government. First, that it cannot be sold in any product that also contains alcohol or tobacco. Second, it cannot be sold in a smokeable form though vaping is allowed.
North Carolina closely adheres to the restrictions of the federal government. The primary difference between the government’s rules and North Carolina’s is that North Carolina does not allow for the sale of smokeable CBD products, such as CBD flower, even if it meets the hemp-derived, sub 0.3% THC requirement.
North Dakota allows the sale of CBD products that are derived from industrial hemp with less than 0.3% THC. It is also recommended that any retailers in the state only sell products with a label that contains a QR code that directs customers to their website and all relevant information about the product.
Ohio currently has no special laws regarding CBD and fully adheres to the rules laid out by the federal government in the 2018 Farm Bill. Hemp production has recently begun in Ohio, and the state may eventually require all CBD products to come from hemp plants grown and tested within the state to ensure that the products adhere to their manufacturing rules.
Oklahoma’s laws regarding CBD sale are not notably different from the laws laid out by the 2018 Farm Bill. The main things to remain aware of when selling CBD products in Oklahoma are that the retailer must be licensed as a food establishment, and the CBD oil cannot be added or mixed into anything that is made to order. All products containing CBD must be prepackaged.
Oregon adheres to the 2018 Farm Bill regulations of hemp-derived CBD containing less than 0.3% THC. There are currently no special licenses required to purchase or sell CBD products so long as the product meets the requirements laid out by the Farm Bill. As a state with recreational cannabis, Oregon allows marijuana-derived CBD products with more than 0.3% THC to be sold at dispensaries.
Pennsylvania allows CBD products that adhere to federal guidelines (hemp-derived, less than 0.3% THC) to be sold in retail locations throughout the state without the need for any special licenses.
Rhode Island’s Industrial Hemp Growth Act allows retailers to sell hemp-derived CBD products with less than 0.3% THC. The most notable differences between Rhode Island’s laws and those of other locations are that retailers need to be licensed, and all purchasers must be at least 21 years old.
South Carolina mostly adheres to the regulations of the federal government (less than 0.3% THC, products must be hemp-derived) but does not allow for CBD-infused food or beverages. CBD oil must be labeled as hemp oil, otherwise it is not legal to sell.
South Dakota is known for having the strictest laws in the U.S. when it comes to CBD. Possessing CBD oil in the state of South Dakota is still a felony, despite the more lax federal regulations regarding the substance. Bills have been brought up to amend this but have yet to pass, though the state has instituted its own industrial hemp program.
Tennessee has the same rules as the federal government when it comes to the sale of CBD. So long as the CBD oil is hemp-derived and contains less than 0.3% THC, it can be sold and purchased by individuals of age in Tennessee.
Texas follows the lead of the federal government regarding the sale of CBD products. The state approved the sale of hemp-derived CBD products with less than 0.3% THC in 2019. A license is required to sell CBD products within Texas.
Utah mostly aligns with the rules laid out by the 2018 Farm Bill, but has a few notable additions when it comes to the labeling of products. Utah law states that each product must have either a QR code or a bar code that customers can scan to receive expiration dates, batch numbers, and test results from the required lab analysis. It is also not permitted to add CBD to any food products.
CBD is legal to sell and purchase in the state of Vermont. The state is currently shifting to a plan that requires all CBD sold in the state to come from industrial hemp grown within Vermont under their specific regulations. Much like the federal government requirements require, CBD products must be hemp-derived and contain less than 0.3% THC.
Virginia has no restrictions on the sale of CBD products beyond what is prescribed by the federal government. All products, including edibles, cosmetics, and vapes, are legal for sale in Virginia as long as the CBD originates from hemp and contains less than 0.3% THC.
CBD is largely unregulated in the state of Washington. The state has its own industrial hemp program, so products are widely available, and anyone over the age of 21 can purchase CBD products. Since Washington is a recreational cannabis state, individuals over 21 years old can purchase CBD products with higher than federally allowed THC content at a licensed dispensary.
Hemp-derived CBD with a THC percentage of 0.3% or less can be legally sold in West Virginia. The West Virginia Cannabis Act allows CBD products that adhere to this requirement to be sold without a license at any retailer. CBD products with THC content in excess of 1% can be purchased by medical marijuana patients at a licensed dispensary.
Wisconsin has updated their laws to adhere to the 2018 Farm Bill’s ruling that CBD products derived from industrial hemp can be sold as long as they contain less than 0.3% THC.
Wyoming follows the direction of the federal government and adheres to the 2018 Farm Bill ruling. CBD oil containing less than 0.3% THC can be sold within the state, and customers can purchase it either at a retailer or through online channels.
As a district of the federal government, Washington D.C. adheres to the ruling of the 2018 Farm Bill. It is worth noting that the sale of foodstuffs containing CBD is strictly forbidden, and it cannot be marketed as a dietary supplement either.
Puerto Rico is one of the more confusing locations when it comes to CBD laws. The territory flips the rules of industrial hemp and cannabis-derived CBD. Because Puerto Rico treats cannabis as medicinal, it is legal to sell cannabis-derived CBD products that contain 0.3% THC or less. However, the sale of hemp-derived CBD products is not legal. Because this is an inverse of the federal government’s standards, the availability of CBD products in Puerto Rico is very minimal.
Safely Sell CBD in the State of Your Choice
Now that you’ve read through the rules and regulations regarding hemp in each state, you’re ready to start selling hemp in the state of your choice. At US Hemp Wholesale we stay up to date with the latest state laws and regulations to ensure that our products meet the strictest requirements for every state with legal CBD sales. Fill out our vendor form or contact us to see how we can put the right products on your shelves today!
Finally, keep in mind that hemp and CBD regulations can change without notice at both the state and federal levels. Check in with your local regulatory body to ensure that you’ve received the most up-to-date information. We recommend bookmarking this page too, as we frequently update it with the most recent changes from each state’s regulatory body.