CBD (cannabidiol) has become one of the most popular natural remedies for everything from anxiety to chronic pain. However, knowing whether CBD is legal where you live can be tricky. While federal law has made hemp-derived CBD widely accessible, each state has its own regulations governing its use, possession, and sale. Understanding the legal landscape of CBD is essential for responsible use and compliance. Here’s an updated breakdown of CBD legality as of January 1st, 2025, to help you stay informed.
Federal CBD Legality
At the federal level, hemp-derived CBD is legal thanks to the 2018 Farm Bill. This law legalized hemp, defined as cannabis containing no more than 0.3% THC by dry weight, and its derivatives, including CBD. However, marijuana-derived CBD, which contains higher levels of THC, remains federally illegal unless produced under state-approved medical or recreational cannabis programs. Even federally legal hemp-derived CBD must comply with certain restrictions, such as not being marketed as a dietary supplement or food until further FDA approval.
While this federal ruling allows for the sale and use of hemp-derived CBD, it also permits states to implement their own regulations, leading to a confusing patchwork of laws across the country.
Categories of CBD Legality by State
1. Fully Legal States
These states allow CBD for both recreational and medicinal purposes. CBD products can generally be bought without restrictions, though there may still be guidelines for labeling, age limits, or THC content. Examples of fully legal states include:
- California
- Colorado
- Oregon
- Nevada
- Maine
- Alaska
These states often treat CBD similarly to THC-rich cannabis products, meaning you can typically purchase CBD from dispensaries or certified sellers with minimal restrictions.
2. Conditionally Legal States
In many states, CBD is legal but only under certain conditions, such as requiring a medical prescription, limiting the type of CBD allowed, or imposing strict THC thresholds. These conditional laws are often tied to whether the CBD is derived from hemp or marijuana.
States with Medical Use-Only CBD
Certain states permit the use of CBD exclusively for medical purposes, requiring patients to have a qualifying condition and a licensed medical recommendation. Examples include:
- Arkansas
- Florida
- Mississippi
- North Dakota
- West Virginia
States with THC Restrictions
Some states only allow CBD products that contain zero THC or trace amounts below a specified threshold, making full-spectrum CBD (which contains all cannabis compounds) less accessible. For example:
- Idaho (CBD must contain 0% THC)
- Kansas (CBD must contain 0% THC)
- Georgia (CBD with up to 5% THC allowed for medical use)
It’s important to read the THC limits in your state’s laws to ensure that the CBD product you’re purchasing complies with local regulations.
3. States Where CBD Is Fully Illegal
Despite federal legalization of hemp-derived CBD, a few states still enforce strict bans on CBD. These states often prohibit any cannabis-derived products, whether they come from hemp or marijuana. Examples of states where CBD remains illegal include:
- Idaho
- South Dakota
- Wyoming
If you’re in one of these states, possessing CBD could result in legal consequences, even if the product adheres to federal hemp guidelines.
Differentiation Between Hemp-Derived and Marijuana-Derived CBD
One of the most critical factors in determining CBD legality is its source.
- Hemp-Derived CBD: Contains less than 0.3% THC and is federally legal but subject to state-specific restrictions. Most commercially available CBD products fall into this category.
- Marijuana-Derived CBD: Often contains higher THC levels, making it psychoactive. This type of CBD is only legal in states that have legalized medical or recreational marijuana.
For example, while hemp-derived CBD can be found in stores nationwide, marijuana-derived CBD is generally restricted to licensed dispensaries in marijuana-legal states.
Key Considerations When Using CBD
- Age Restrictions: Some states impose age limits for purchasing CBD, especially products with THC content. You may need to be 18 or older in some states and 21 or older in others.
- Labeling Requirements: Many states require CBD products to be properly labeled, showing their THC content and origin (hemp or marijuana).
- Traveling with CBD: If you’re traveling, know the regulations of the states you’ll be passing through. Transporting marijuana-derived CBD into or through states where it’s illegal can lead to penalties.
- FDA Oversight: While CBD is widely marketed for therapeutic uses, most products are not FDA-approved, except for Epidiolex, a prescription medication for epilepsy. Manufacturers cannot make unverified health claims.
Staying Compliant
CBD laws are constantly evolving as new legislation is passed at both the state and federal levels. To ensure you’re staying compliant, always check the most updated regulations in your state. If you’re unsure, consider the following steps:
- Review Local Laws: Many state departments of agriculture or cannabis regulatory bodies provide detailed guidelines for hemp-derived and marijuana-derived CBD.
- Check Product Certificates: Look for a Certificate of Analysis (COA) from a third-party lab that verifies the CBD and THC content of the product you’re considering.
- Consult with Legal Experts: If you’re operating a CBD business, consult with a legal expert to avoid potential compliance issues.
Final Thoughts
CBD continues to rise in popularity, offering significant potential for wellness and health benefits. However, its legal status remains complicated by the interplay between federal and state laws. By understanding where your state stands on CBD legality in 2025 and paying attention to distinctions between hemp-derived and marijuana-derived CBD, you can ensure safer and more informed use.
For anyone looking to try or buy CBD products, knowledge is your greatest ally. Whether you’re a consumer or a business owner, staying up-to-date on evolving regulations is the key to navigating the complex legal world of CBD responsibly.