Is CBD Oil Legal Everywhere in the US: States to Watch Out

Is CBD oil legal? On the one hand, we’d like to exclaim: yes, yes, a million times, yes! On the other hand, if we’re being more down to earth, we could more timidly answer: yes, under strictly defined legal conditions. 

So, what’s the final answer, and what does it depend on? Well, there are two possible answers:

Positive: 

Yes, hemp-derived CBD oil was legalized federally by the 2018 Farm Bill.

Negative: 

Is CBD legal in all states? No, CBD oil is not legal in all states if it is extracted from marijuana or contains above 0.3% of THC. Also, in some states such as Montana, you cannot buy CBD-infused products. 

To make matters even more complicated, certain states approve of CBD oil for everyone, but not CBD oil-infused products such as edibles. Making CBD oil on your own is not possible in each state too. 

You see now why we were so cautious about our answer, don’t you?

However, fear not. We’ll try to break it down for you with more details and explain how all of this came to be. So, let’s get started.

What Is CBD?

Cannabidiol or CBD is a chemical that dwells in the Cannabis Sativa and Cannabis Indica, along with over 80 other chemicals, including CBD’s “funky stepbrother,” Delta-9-tetrahydrocannabinol, aka the renowned THC. 

While both hemp and marijuanacontain CBD, compared to marijuana, hemp has a higher percentage of cannabidiol and a lower percentage (less than 0.3%) of THC. 

By the Power of the Farm Bill… 

According to the 2018 Farm Bill, CBD oil derived from hemp plants, with less than 0.3% of THC among its components, is considered legal on the federal level. The President at the time, Donald Trump, signed the bill, and the paper became law on December 20th, 2018. 

While up to this point, CBD was a bit demonized in some states, making CBD legal clearly brought it to the center of attention. By the way, do not be fooled by its name. The hemp plant is a cannabis species, just like marijuana. 

We mentioned before that CBD extracted from hemp flowers contains little to no THC. For a product to be considered legal in the US, it has to contain an acceptable trace of THC, i.e., 0.3% or less.

In this way, hemp was finally taken down from the list of Schedule 1 drugs (which includes substances such as heroin, ecstasy, or LSD), thus becoming nothing more than another agricultural commodity. 

Practically overnight, CBD oil has turned from a “suspect” into an “ordinary citizen.” 

So, is CBD oil legal federally? Yes, CBD oil has legal status in all 50 states under the condition it originates from a hemp plant. However, if so, we have to ask…

Why All the Confusion?

It all seems very obvious, but why do we have all these insecurities about purchasing CBD oil? Here are some of the issues which may occur even though the federal law guarantees you can use hemp-derived CBD oil at your convenience.

• CBD origin issues. Where to buy CBD oil? At a dispensary, right? Sure. But have you ever bought a CBD product with a “no THC” label? You probably have, however, that doesn’t necessarily have to be the truth. 

The market is getting more and more saturated with cannabis-derived products on a daily basis, and it is sometimes hard to keep track of regular, trustworthy sources.  

• Excessive dosage. Depending on how much CBD you are taking, there is a slight chance that the negligible amount of THC may add up.  
• Cannabis legal terms. While we keep saying that hemp is a type of cannabis, in the real world, hemp is normally considered different from it, and cannabis is usually likened to marijuana. 

Even the DEA lists “marijuana (cannabis)” in this way, contributing even more to the overall confusion. This brings us back to our first point. A CBD oil product may be made from cannabis, but what they actually mean by it is marijuana. 

• Passing of time. Due to the long history of hemp being banned from crop fields (starting in 1937), a lot of people are still double checking and typing “is CBD oil legal in all 50 states” into their search engines. 

The plant has been illegal for nearly a century. Still, the recent legalization of hemp was enacted in December 2018 through the 2018 Farm Bill. Essentially, too little time has passed for the legislation to be recognized on a large scale.

Therefore, be inquisitive when buying CBD oil and always read the label carefully.  

Is CBD Oil Legal for Federal Employees?

Federal civilian employees are allowed to use only hemp-derived CBD products with less than 0.3% THC. However, you should be aware that modern drug tests can detect THC presence in your body (though not the exact amount), leading to negative consequences. 

Even if you say that you used a hemp-derived CBD product, that might not be a valid excuse. A similar thing happened to a former federal agent from North Texas who got fired for using CBD oil for pain. 

What States Is CBD Oil Legal in 2021?

By federal law, hemp-derived CBD oil is legal in almost all 50 states. Marijuana-derived CBD oil is legal only in the states that legalized marijuana. 

That said, each state has its own strict rules and regulations regarding CBD oil which was derived from marijuana. In other words, if a state has medical and recreational marijuana legalized, that implies all CBD oil is generally considered legal. 

Nevertheless, this is not to say there are no growing, selling, buying, or consumption restrictions (CBD oil included). Quite the contrary, each of the states has its own ideas and quirks about the proper way of cultivating cannabis, its usage, retail, and so on. 

Now, let’s get into more detail.

Is CBD Oil Legal in Alabama?

When it comes to the state of Alabama, things are a bit complicated. Only medical marijuana is legal in Alabama, while recreational cannabis is still illegal. 

This means that retailers can sell only hemp-derived CBD that meets the THC limits (0,3%). Moreover, growing industrial hemp is illegal if you don’t have a license. 

Possession limits: There are no possession limits as long as you use or buy products that contain 0.3% THC.

Is CBD Oil Legal in Alaska? 

Alaska legalized medicinal and recreational cannabis in 1998 and in 2015, respectively. All individuals over 21 can use it as long as it is not on federal property (like national parks). However, it’s illegal to grow, process, or sell hemp-derived products. 

If you want to buy CBD oil in Alaska, you can do it via online shops. 

Possession limits: If you’re older than 21, you are allowed to possess and buy one ounce of cannabis purchased from a licensed retailer. 

Is CBD Oil Legal in Arizona?

Arizona legalized both medical and recreational marijuana. You can smoke weed in your home if you’re over 21, but smoking in public places is prohibited. You can also cultivate, harvest, transport, and process hemp if you have a license.

Possession limits: Possession limits are valid only for patients who are registered with Arizona’s medical marijuana program. While they can buy products that contain CBD and THC, they can possess only 2.5 ounces over a 14-day period.

They can also grow up to 12 marijuana plants, but only if they live 25 miles away from the dispensary.

Is CBD Oil Legal in Arkansas?

Hemp-derived cannabidiol (CBD) is legal in the Natural State as long as it doesn’t contain more than 0.3% THC. You can consume it only at home. Consumption in public places is strongly prohibited.

Cannabis-derived CBD oil and other products with over 0.3% THC are illegal. Only patients that are part of the medical marijuana program can get access to cannabis-derived CBD products. 

Possession limits: Patients and caregivers are allowed to buy 2.5 ounces (70.87 grams) of medical cannabis over a 14-day period.

Is CBD Oil Legal in California?

California is the first state that legalized medical marijuana back in 1996, so it’s no surprise that the Golden State also legalized recreational use in 2016. 

All adults over 21 can buy and possess CBD oil. You won’t need a prescription to purchase your CBD oil in California since it’s treated like an aspirin. 

The good news for hemp growers: it’s legal to cultivate hemp for commercial uses as long as you’re registered with the agricultural commissioner or your county. 

There is one restriction you need to know about. The law forbids adding CBD oil derived from hemp to drinks and food.

Possession limits: There are no possession limits on CBD oil.

Is CBD Oil Legal in Colorado?

Colorado is the most progressive state when it comes to legalization. The Centennial State legalized medical marijuana in 2000 and recreational in 2012.

Likewise, CBD oil (0.3% THC) is fully legalized. On top of that, you are allowed to use hemp as a food additive.

When it comes to hemp cultivation, you are not allowed to grow more than 7 plants. For growing more than 30 plants, you could end up in jail for six years. 

Possession limits: There are no possession limits on CBD oil.

Is CBD Oil Legal in Connecticut?

Both hemp-derived CBD and CBD derived from marijuana are legal in the Constitution State. However, only patients with qualifying medical conditions can use the latter. Hemp cultivation and manufacturing are also legal if you have a license. 

Possession limits: There are no possession limits for hemp-derived CBD. Regarding cannabis-derived CBD, you can buy 2.5 ounces per month.

Is CBD Oil Legal in Delaware?

The Blue Hen State legalized both hemp-derived and cannabis-derived CBD oil. Be that as it may, you must be an eligible patient to use the latter. Cannabis-derived CBD oil must not have more than 7% of THC, and it needs to have a minimum of 15% CBD.

Growing industrial hemp is also legal, but you have to obtain a license.

Possession limits: There are no possession limits for hemp-derived CBD. Regarding cannabis-derived CBD, you can buy three ounces every two weeks. 

Is CBD Oil Legal in Florida?

The Sunshine State legalized the use of hemp-derived cannabidiol. Moreover, Florida’s medical marijuana program allows patients with cancer, muscle spasms, seizures, and terminal illness to use the products with 10% CBD and 0.8% THC.

Possession limits: There are no limits to hemp-derived CBD oil possession. On the other hand, medical marijuana patients can buy up to four ounces of cannabis.

Is CBD Oil Legal in Georgia?

Although CBD products with 0.3% THC are legal in the Peach State, it’s illegal to add CBD into foods, beverages, animal food, and dietary supplements. Likewise, medical marijuana patients can buy cannabis-derived CBD oil with 5% THC.

Possession limits: No possession limits for hemp-derived CBD. Medical patients can possess 20 fluid ounces of low THC cannabis oil.

Is CBD Oil Legal in Hawaii?

Hemp-derived CBD oil is legal in the Aloha state, while marijuana-derived CBD oil is illegal.  However, if you’re a registered medical cannabis patient or a caregiver you are allowed to use 4 ounces and grow up to 10 plants.

That said, home cultivation of cannabis will become illegal in 2024. Caregivers will only be allowed to grow cannabis if they live on an island without a dispensary, or if they grow it for minors and adults lacking capacity.

Is CBD Oil Legal in Idaho?

Idaho has a complicated relationship with CBD. The oil is legal in the Gem State only if it contains 0% THC and if it’s derived from:

• Mature stalks  
• Fiber produced from the stalks
• Seeds of the achene  
• Salt, derivative, mixture, or preparation of the mature stalks
• A sterilized seed incapable of germination

Things get even more complicated because Idaho’s local laws are much stricter than federal laws. For example, the state doesn’t have any licensing or sale regulations regarding CBD oil. In other words, the permits are under the jurisdiction of cities.

Is CBD Oil Legal in Illinois?

Purchasing and possessing hemp-derived and cannabis-derived CBD oil is legal in the Prairie State for all individuals who are older than 21. To obtain cannabis-derived CBD oil, you’ll need to have a prescription or a medical marijuana card. 

Illinoisans can also grow industrial hemp if they have IDA’s license. Make sure your cultivated hemp doesn’t show over 0.3% THC on the test. Otherwise, it will be destroyed by the Illinois Department of Agriculture.    

Possession limits: There are no possession limits of hemp-derived CBD oil. When it comes to cannabis, you can possess up to 5 grams of concentrate and 30 grams of flower. Medical marijuana patients can possess over 30 grams. 

Is CBD Oil Legal in Indiana?

Hemp-derived CBD has been legal since 2018 in the Hoosier State. There is no age restriction when it comes to purchasing hemp-derived CBD oil. 

Since the state has no medical marijuana program, recreational marijuana and cannabis-derived CBD are illegal. When it comes to hemp cultivation, you are allowed to grow it with a license.

Possession of cannabis-derived CBD or CBD with over 0.3% THC is illegal and punishable by law. For your first offense, you could end up in jail for 180 days (+$1,000 fine).

Possession limits: There are no possession limits for hemp-derived CBD.

Is CBD Oil Legal in Iowa?

Possession of CBD oil is illegal in Iowa. Only qualified medical marijuana patients can use CBD with 0.3% THC for epilepsy treatment. 

The Hawkeye State has only five licensed dispensaries that are allowed to sell CBD products to patients with registration cards.

Illegal selling can lead to five years (for 110 pounds), 10 years (for 110–220 pounds), 25 years (220–2,205 pounds), and 50 years (1.1 tons) in prison.

Is CBD Oil Legal in Kansas?

Only if the oil contains 0% THC, so forget about the 0.3% rule because Kansas doesn’t play that game. Sales of CBD oil that contains traces of THC are punished by law.

Naturally, there is no age restriction in relation to purchasing the oil, and you don’t need a prescription. 

If you want to grow hemp, you can do it with a Kansas Department of Agriculture license.

Possession limits: There are no possession limits. Moreover, Sunflower State doesn’t have a medical marijuana program. 

Is CBD Oil Legal in Kentucky?

Buying and consuming hemp-derived CBD oil is completely legal in the Bluegrass State, as long as the product contains 0.3% THC. Since Kentucky has no medical cannabis program, the use of recreational cannabis is illegal. 

Growers with a license are allowed to cultivate hemp.

Possession limits: There are no limits to possession, as long as the oil contains 0.3% THC. Cannabis-derived CBD is illegal. Not even medical patients can use it. 

Is CBD Oil Legal in Louisiana?

Only hemp-derived CBD oil (0.3% THC) is legal in Louisiana. The state has no age restriction, so anyone can get their oil. That said, sellers still need to obtain an ATC license to sell CBD products.

Possession limits: While there are no possession limits, you need to keep in mind the following restrictions. It’s illegal to sell:

• Inhalable CBD
• Food and beverages infused with CBD
• Food additives with CBD
• CBD dietary supplements

Is CBD Oil Legal in Maine?

Maine is one of the states where hemp-derived CBD and cannabis-derived CBD are both legal. Nevertheless, only registered patients can buy cannabis-derived CBD. In addition, CBD is allowed to be used as an additive to food and drinks. 

Possession limits: On the one hand, there are no limits on hemp-derived CBD oil. You just need to be older than 21. On the other hand, you can possess only 2.5 ounces of cannabis.  

Is CBD Oil Legal in Maryland?

The Old Line State is pretty friendly when it comes to CBD products. The state’s law allows you to sell, buy, grow, or possess industrial hemp.

What about CBD oil? Yes, to hemp-derived, no to cannabis-derived (unless you have a medical marijuana card). 

You can buy any hemp-derived CBD products, except for CBD liquids and vapes. You need to be at least 18 for that.

Possession limits: You can possess as much as you like if the oil is derived from industrial hemp. Registered medical marijuana patients are limited to 4 ounces of medical cannabis over a 30-day period.

Is CBD Oil Legal in Massachusetts?

Massachusetts legalized both recreational and medical marijuana, which means you can use hemp-derived and cannabis-derived CBD oil. There are no age restrictions for the former, while you’ll have to be older than 21 for the latter. 

With that in mind, only non-food CBD products are legal. Dietary supplements are not allowed. 

Possession limits: Since the Bay State doesn’t have a regulation plan regarding hemp, there are no possession limitations. Patients don’t need a medical marijuana card to purchase CBD hemp oil. Still, they can’t buy more than ten ounces of cannabis.    

Is CBD Oil Legal in Michigan?

Michigan legalized the use of hemp-derived and cannabis-derived CBD oil, but only people over 21 and patients with a medical marijuana card can buy THC products. Apart from that, CBD can’t be infused in food or drinks or sold as a dietary supplement.

Possession limits: When it comes to hemp-derived CBD oil, there are no possession limits. People over 21 can have 2.5 ounces of marijuana. This is not valid for medical marijuana patients.

Is CBD Oil Legal in Minnesota? 

You can buy hemp-derived CBD oil legally in the Land of 10,000 Lakes. People who want to purchase cannabis-derived CBD must be registered medical cannabis patients. In addition to that, you must be at least 18 to buy either of the two.

A note for retailers. CBD products must not be marketed as a medicine, and it’s illegal to sell CBD-infused food and drinks. 

Possession limits: There’s no limitation on hemp-derived CBD products. If you use cannabis-derived CBD products, you can have a 30 day supply. 

Is CBD Oil Legal in Mississippi?

Since the Magnolia State isn’t part of the industrial hemp program, there are strict regulations regarding CBD products. While hemp-derived CBD oil is legal, only medical patients can use CBD oil with 15% CBD and no more than 0.5% THC. 

What about the age restrictions? As you can probably guess, to obtain cannabis-derived CBD oil, you need to be older than 18. There is no age restriction for hemp-derived CBD oil. 

Possession limits: There are no limitations if the product meets the legal state specifications.

Is CBD Oil Legal in Missouri?

Hemp-derived CBD oil is legal for all individuals to sell or possess (no age restrictions). You can use cannabis-derived CBD oil only if you obtain a medical marijuana card. To apply for the card, you need to have a certain medical condition (intractable epilepsy, cancer). 

Qualified patients are not allowed to use CBD in public places.

Possession limits: You can buy 4 ounces of dried, unprocessed cannabis for 30 days of consumption. The product must have 0.3% THC and at least 5% cannabidiol.

Is CBD Oil Legal in Montana?

The Big Sky Country allows using hemp-derived and cannabis-derived CBD oil. You can buy hemp-derived CBD legally as a skin lotion, oil, or tincture. Still, you can’t purchase it as a dietary supplement or food and drink infused product. 

There are a couple of restrictions for cannabis-derived CBD oil, i.e., you must be registered with the medical marijuana program. 

On the other hand, you can cultivate and produce your hemp oil legally in Montana.

Possession limits: Only medical marijuana patients are limited when it comes to CBD possession. They can buy one ounce of medical marijuana. 

Is CBD Oil Legal in Nebraska?

Yes, hemp-derived CBD oil is a legal substance in the Cornhusker State. You can also cultivate and process industrial hemp if you own a license. 

What’s more, you can transport hemp-derived CBD oil, but make sure to carry a cultivator license or other necessary documentation with you to avoid problems with the officials since marijuana sale, possession, and cultivation is illegal in Nebraska.  

In fact, if you own CBD oil that’s derived from a non-regulated source, you will get convicted, and you’ll have to pay a fine from $300 to $10,000, depending on the cannabis weight.

Possession limits: There are no limitations on the amount of hemp-derived CBD oil. 

Is CBD Oil Legal in Nevada?

CBD oil is legal in the Silver State, given that you can use both medical and recreational marijuana since 2000 and 2017, respectively. 

And not only that, if you’re older than 21, you can also grow your own cannabis plants. If you decide to do that, make sure you’re growing your seed 25 miles away from the closest licensed dispensary.

You are not allowed to use cannabis in public places because you’ll be fined up to $600. Nevada law also doesn’t allow CBD oil to be used as a dietary supplement, food, or drink ingredient. 

Possession limits: There are no possession limits for buying CBD oil in Nevada.

Is CBD Oil Legal in New Hampshire?

New Hampshire didn’t explicitly define CBD’s status in the eyes of the law. This means that you can buy CBD oil in New Hampshire as long as it’s not infused in beverages and food. 

Recreational cannabis is illegal, so you can’t purchase cannabis-derived CBD oil. The only exceptions are medical marijuana patients.

Possession limits: There are no limitations on buying hemp-derived CBD. Medical marijuana patients can buy up to 2 ounces of CBD or medical marijuana.

Is CBD Oil Legal in New Jersey?

Both hemp-derived and cannabis-derived CBD products are legal in the Garden State. That said, you need to be a registered medical marijuana patient if you want to buy cannabis-derived CBD oil. Plus, you need to have a prescription.

What about cultivation? New Jerseyans are allowed to process, grow, and sell hemp for any reason. For example, they can make CBD extracts or even hemp clothing.

Possession limits: There is no limit on hemp-derived CBD products. For cannabis-derived CBD oil, you are limited to two ounces of cannabis every 60 days.

Is CBD Oil Legal in New Mexico?

The Land of Enchantment allows all of its citizens over 18 years to buy hemp-derived and cannabis-derived CBD oil. However, you’ll need to be a qualifying medical marijuana patient to use the latter.

You can even sell pre-packaged hemp-derived CBD oil without a license. This rule doesn’t apply to cannabis-derived CBD oil.

Farmers can cultivate hemp legally, but they need to submit a COA from a laboratory approved by the state.

Possession limits: There are no limitations to buying or possessing hemp-derived CBD oil. 

Is CBD Oil Legal in New York?

New Yorkers can legally buy, grow, and distribute hemp-based products (including CBD oil with 0.3% THC). Although CBD can’t be added to food and beverages, and it’s illegal to use it in cosmetics, it can be sold as a dietary supplement. 

Growers can do their cultivation legally as a part of the New York Industrial Hemp Agricultural Research Pilot Program. 

Since recreational use is still illegal in the state, only medical marijuana patients can buy cannabis-derived products.

Possession limits: There’s no limit on hemp-derived CBD products. Medical marijuana patients can buy a thirty-day supply of cannabis-derived CBD products. 

Is CBD Oil Legal in North Carolina?

North Carolina is the state with the most confusing CBD laws. On paper, selling CBD products is illegal. This means that if you’re not in the medical marijuana program, you are not allowed to use or buy CBD. 

Although the Old North State legalized hemp-derived CBD oil (0.3% THC) and hemp extract with less than 0.9% THC and at least 5% CBD for personal use, you need to be a registered patient to use the latter.

Possession limits: While there’s no possession limit, you can only buy hemp extract that contains at least 5% CBD and less than 0.9% THC. Oh, yes, you also need to be a registered patient.

Is CBD Oil Legal in North Dakota?

Yes. it is. You can buy and possess hemp-derived CBD oil, but only qualified patients can obtain cannabis-derived CBD oil because the use of recreational marijuana is illegal in the Flickertail State. In short, you can only buy CBD oil with 0.3% THC. 

Hemp cultivation is legal as long as you have a license from the Department of Agriculture. But beware, they check all of their applicants, so if you’ve been convicted in the past ten years (for controlled substance), you won’t be able to get your permit. 

Possession limits: There are no possession limits on hemp-derived CBD oil. Medical marijuana patients can buy up to three ounces of cannabis-derived CBD.

Is CBD Oil Legal in Ohio?

Like with the other states on the list, Ohio legalized the use of hemp-derived CBD oil. However, the state prohibits the usage of recreational marijuana and CBD products that contain over 0.3% THC. 

The only exception to the rule is if you’re a registered medical marijuana patient.

Possession limits: There are no limitations on hemp-derived CBD oil possession. Even minors can buy hemp-derived CBD oil. Naturally, this rule doesn’t apply to medicinal marijuana. You have to be over 18 to acquire cannabis-derived CBD oil.

Is CBD Oil Legal in Oklahoma?

You can buy CBD oil without a prescription in the Sooner State, as long as it contains less than 0.3% THC and it’s derived from hemp. 

If you follow those two rules, you can even legally send your CBD oil package via the postal service to your grandma to help her with arthritis. 

Possession limits: The state doesn’t limit people from buying hemp-derived CBD products. Medical marijuana patients can buy up to eight ounces of cannabis-derived CBD for home usage and up to three ounces for public use. 

Is CBD Oil Legal in Oregon?

The Beaver State is all about marijuana and hemp. It is known to be one of the most cannabis-friendly states which used all the benefits of legalizing weed when it allowed its citizens to use medical (in 1998) and recreational marijuana in 2014. 

In other words, you can use hemp-derived and cannabis-derived CBD oil (with 0.3% THC).

Possession limits: Hemp-derived CBD comes with no possession limits. The possession of cannabis-derived CBD is limited to 16 ounces in a solid form, 72 ounces in a liquid form, and 5 grams of concentrates.

Is CBD Oil Legal in Pennsylvania?

Pennsylvanians can legally buy and possess hemp-derived CBD oil without prescription or doctor’s recommendation.

Can you buy cannabis-derived CBD oil in the Coal State? Yes, you can if you have a marijuana card from a medical marijuana program. Cultivators can also grow their hemp if they have a license issued by the PDA.

Possession limits: There are no limitations when it comes to purchasing and possessing hemp-derived CBD oil. If you’re a registered medical marijuana patient, you can buy a 30-day supply of medical marijuana.

Is CBD Oil Legal in Rhode Island?

The Ocean State legalized industrial hemp in 2017 for medical and commercial purposes. All citizens over 21 are allowed to buy hemp-derived CBD oil if it contains less than 0.3% THC and cannabis-derived CBD oil if they are registered medical marijuana patients.

Possession limits: If you’re buying hemp-derived CBD oil, you can buy as much as you want. Medical marijuana patients can obtain two and a half ounces every fifteen days. 

Is CBD Oil Legal in South Carolina?

You can buy, sell, and use CBD oil in the Palmetto State only if it’s hemp-derived. At the same time, you can’t sell or manufacture CBD isolates and full-spectrum hemp extracts marked as CBD. 

In order to stay legal, CBD oil must be branded as “hemp oil.”

Patients over 18 who suffer from Lennox-Gastaut Syndrome or Dravet Syndrome can get a prescription for CBD containing less than 0.9% THC.

Possession limits: There are no possession limits for hemp-derived CBD oil.

Is CBD Oil Legal in South Dakota?

For a long time, all forms of CBD oil (hemp and cannabis-derived) were illegal in the Coyote State, with the exception of Epidiolex. Today, the situation is a bit confusing, to say the least. It appears that you have to have a special permission to buy CBD oil directly from a dispensary but you can always purchase it online. 

Possession limits: You are allowed to grow hemp but there are no official limitations for CBD oil. Real breakthrough came in November 2021 when the very first medical marijuana card was approved.

Is CBD Oil Legal in Tennessee?

The Volunteer State legalized hemp-derived CBD oil usage. You can buy it in various forms, from oils and tinctures to topicals and some forms of edibles.

Cannabis-derived CBD oil is legal to use if:

• It’s a prescription medication approved by the FDA.
• If it’s used for a certified clinical research study and it doesn’t exceed 0.6% THC.
• If you have a legal court order or are diagnosed with epilepsy, you can use CBD oil with less than 0.9% THC.

Possession limits: As long as the oil contains less than 0.3% THC, you can buy as much as you want.  

Is CBD Oil Legal in Texas?

Texians can legally buy hemp-derived CBD oil with less than 0.3% THC. Medical marijuana patients can use CBD oil with 0.5% THC if they have a valid medical card.

Growing industrial hemp is legal in Texas since March 2020. Killeen farmers were the first ones to get an industrial hemp license. However, you can’t grow hemp at home without a TDA license. 

Possession limits: You can buy as much as you want of hemp-derived CBD oil. If you’re caught with a CBD product that contains over 0.3% THC, you’ll end up in jail for 180 days to two years (+$10,000 fine). 

Is CBD Oil Legal in Utah?

The Beehive State legalized the sale and production of hemp-derived CBD products in 2018. If you’re a medical marijuana patient, you can also use cannabis-derived CBD.

The accepted forms of CBD consumption include oils, pills and capsules, topicals, cubes, gels, and lozenges. 

Utah farmers can also grow, process, and distribute hemp as long as they have a Utah Department of Agriculture and Food license.

Possession limits: There are no limits on hemp-derived CBD oil possession. Possession limits are valid only for medical patients who use cannabis-derived CBD oil. They can buy up to a 30-day supply.

Is CBD Oil Legal in Vermont?

The Green Mountain State allows the possession and selling of hemp-derived and cannabis-derived CBD oil. The state also permits CBD to be added to foods or beverages. 

That said, you can use medical marijuana if you’re over 21 and you have a medical marijuana card.  

Residents of Vermont are also allowed to grow a maximum of two mature plants in their homes.

Possession limits: Technically, there are no possession limits for hemp and cannabis-derived products, but if you are caught with more than one ounce of cannabis, you might get in trouble with the law.  

Is CBD Oil Legal in Virginia?

The Mother of States allows using hemp-derived CBD oil (0.3% THC) and cannabis-derived CBD oil to a certain level. 

For example, qualified patients can obtain CBD oil with at least 15% CBD and no more than 5% THC, but they need to have a written certification from their doctor. 

Hemp-derived CBD products like CBD tinctures and CBD gummies are legal in Virginia, but CBD products for animals are prohibited.

Possession limits: There is no limit on hemp-derived CBD oil possession.

Is CBD Oil Legal in Washington State?

The Evergreen State legalized the possession of hemp-derived CBD oil. The only thing that’s not allowed is to add CBD to food and beverage products.

Washington legalized the use of both medical (in 1998) and recreational marijuana (in 2012) with the passing of the Washington Marijuana Legalization and Regulation Initiative.

All individuals over 21 can possess up to 1 ounce of marijuana. Be aware, though, you are not allowed to smoke weed in public.

Possession limits: You can buy up to 72 ounces of CBD oil and one ounce of marijuana. 

Is CBD Oil Legal in West Virginia?

Yes, you can legally buy hemp-derived CBD oil in the Mountain State. You also don’t need a license to possess, transport, or sell hemp-derived CBD oil. 

People who require cannabis-derived CBD can obtain their medicine if they have a prescription or a physician’s recommendation.

Hemp growers and processors must have a license. The planted seeds must not contain more than 0.3% THC.

Possession limits: There are no possession limits for hemp-derived CBD oil. Medical patients can obtain a thirty-day supply of cannabis-infused CBD oil.

Is CBD Oil Legal in Wisconsin?

In the Badger State, you can buy and possess hemp-derived CBD oil if you’re over 18 and if you have a certain medical condition and a written certificate from a state-approved physician. 

Since Wisconsin currently doesn’t offer a medical marijuana program, you are not allowed to use recreational and medical marijuana.

Farmers can grow industrial hemp if they have one-time licenses. They also must register every year. On the other hand, retailers don’t need a permit.

Possession limits: There are no possession limits for adults over 18 years with a medical CBD recommendation.

Is CBD Oil Legal in Wyoming?

You can use and buy hemp-derived CBD oil legally in the Cowboy State as long as it contains 0.3% THC and at least 5% CBD. 

The possession of cannabis-derived CBD oil is illegal since the state doesn’t have a medical marijuana program. You can technically apply for Wyoming’s medical marijuana card if you’re suffering from epilepsy, but you won’t be able to buy cannabis-derived CBD oil within the state. 

If you’re caught with CBD oil that has over 0.3% THC, you will face marijuana possession charges with penalties of 12 months to 5 years in jail.

Possession limits: There are no limitations on hemp-derived CBD oil. 

The Bottom Line

As you have just seen, the states in which marijuana or cannabis are legal for both medical and recreational use have their very own sets of laws and rules. 

Should you wish to buy or consume CBD oil in any of them, take our list as a reminder and pay special attention to the origins of the oil. CBD oil is considered legal if it contains the appropriate (low) level of the substance and an extremely low THC level (0.3%).

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