Where is CBD illegal?
Thanks to the passing of the 2018 Farm Bill, zero THC CBD is not illegal in any state in the USA. That’s right; according to federal law, it is legal in all 50 states. That said, since the change in law is relatively new, some states might not fully embrace CBD. This should change with the new bill, however, it may take time. Below we outline four different jurisdictional categories based on pre-2018 Farm Bill practices.
States can be grouped into four jurisdictional categories.
These jurisdictions have explicit laws allowing retailers to sell industrial hemp-derived products.
These jurisdictions include: Alaska, Colorado, Illinois, Indiana, Kentucky, Maryland, Missouri, New York, North Carolina, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, and Wisconsin.
In these jurisdictions industrial hemp grown in a Farm Bill-compliant agricultural pilot program is explicitly exempted from the definition of marijuana.
These jurisdictions include: The District of Columbia, Hawaii, Kansas, Montana, New Mexico, North Dakota, and Oklahoma.
Gray Area States.
In these jurisdictions explicit prohibitions against the retail sale of industrial hemp-derived CBD products but that have exemptions in the law for the argument that hemp-derived CBD products are legal.
These jurisdictions include: Arkansas, Delaware, Florida, Georgia, Idaho, Iowa, Louisiana, Maine, Massachusetts, Minnesota, Mississippi, New Hampshire, New Jersey, Pennsylvania, Texas, Virginia, and Washington.
States with Concern.
These jurisdictions have no explicit prohibitions against the sale of industrial hemp-derived CBD products. However, recent law enforcement actions or pronouncements raise the risk of the retail sale of industrial hemp-derived CBD products.
These jurisdictions include: Alabama, Arizona, California, Connecticut, Michigan, Nebraska, Nevada, Ohio, South Dakota, West Virginia, and Wyoming.