State-to-State CBD & THC Laws

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Which CBD products are legal in which state?

Updated as of May 2022

CBD (cannabidiol) is a compound derived from the cannabis plant. Cannabis is no longer federally illegal, as of 2018. The 2018 Farm Bill, removed hemp from the definition of marijuana. The FDA legal definition of CBD is: “Cannabis derivatives [with] no more than 0.3% THC by dry weight, including cannabinoids such as CBD,[ and as such are legal.” So what’s the problem? THC is the compound in question, and laws around the THC differ from state to state. But Congress is working on decriminalizing Marijuana Nationwide.

Thus, it’s important to know what is legal, where, and whether or not you can take it with you when you travel. But have you ever tired reading legal documents? Reading and understanding government laws is no easy task. And not every website that boasts information on all fifty states has been updated recently. Learn how to read legal jargon here. We’ve pulled together a few reliable sources.

  • NORML, the National Organization for the Reform of Marijuana Laws
  • Marijuana Moment, Edited by Tom Angell, a 20+ year veteran of the legalization movement.
  •, a website with free, up-to-date, and easily understandable legal information and tools.
RVDCBD Whole F'N Show – Get Yours Today!

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What is Delta 8?

The buzz in 2022 is all about the hemp-derived Delta- 8, also known as Delta-8 tetrahydrocannabinol. Yes, it contains a compound similar to Delta-9 most commonly known as THC. THC is a regulated and banned substance in cannabis products. Like THC, Delta-8 has psychoactive effects like euphoria and other commonly known “high” feelings. However, the “buzz” or “high” is nowhere near the same as with marijuana or illegal THC levels which exceed .3%. For more specific information on what Delta-8 is, click here. Why is this legal in some states and not in others? Because the Farm Bill of 2018 redefined cannabis and separated hemp from marijuana, anything hemp-derived is legal unless otherwise stated by individual state laws. 

CBD & Medical Marijuana Laws by State

*Updated April 2022

StateCBDRecreational Marijuana (THC)Medical MarijuanaDelta 8*
AlabamaLegalNot quite yetWith RestrictionsYes
ArizonaLegalLegalLegalYes, but unclear regulations so be careful
(only with .3%THC or less)
Not yetWith RestrictionsYes
CaliforniaLegalLegalLegalOnly with .3% or less THC
ColoradoLegalLegalLegalSurprisingly NO
(only with .3%THC or less)
With Restrictions With RestrictionsYes, with restrictions
(only with .3%THC or less)
NOWith RestrictionsNo
(only with .3%THC or less)
NOPEWith RestrictionsYes
(only with .3%THC or less)
NoWith RestrictionsYes
(only with .3%THC or less)
AlmostWith RestrictionsYes
(only with .3%THC or less)
Not YetWorking on itNo
Illinois LegalLegalWith RestrictionsYes
IndianaLegalNot YetWith RestrictionsYes
(only with .3%THC or less)
Not Yetwith RestrictionsNo
(only with .3%THC or less)
Not YetLegalYes
KentuckyLegalNopeWith RestrictionsYes
LousianaLegal With RestrictionsLegalPartially for more info, click here.
(only with .3%THC or less)
Massachusettes LegalLegalLegalYes
MichiganLegalLegalLegalYes with restrictions
Minnesota Legal
(only with .3%THC or less)
(only with .3%THC or less)
NopeLegalFor now, Yes
MissouriLegalNot YetLegalYes
(only with .3%THC or less)
NopeNo Program, nothing, zilch; maybe you should move? Yes
New HampshireLegal AlmostLegalYes
New JerseyLegalLegalLegalYes
New MexicoLegalLegalLegalYes
New YorkLegalLegalLegalNo
North CarolinaLegal
(only with .3%THC or less)
Nothing but HempWith RestrictionsYes
North DakotaLegalNopeLegalNo
OklahomaLegalWith RestrictionsLegalYes
OregonLegalLegalLegalYes for 21 and older
(only with .3%THC or less)
AlmostWith RestrictionsYes
Rhode IslandLegalComing soonWith RestrictionsNo
South DakotaLegalLegalLegalQuestionable, Yes, but …
(only with .3%THC or less)
Not YetWith RestrictionsYes for 21 and older
TexasLegalSuper NopeLegalYes
UtahLegalOf Course NotLegalNo
West VirginiaLegalNopeLegalYes
(only with .3%THC or less)
Double NopeOnly CBD; maybe you should move? Yes, only with .3% THC
(only with .3%THC or less)
Not YetLimitedYes
Washington D.C.LegalLegalLegalYes

Know Your Rights

CBD with less than .3% THC is legal nationwide, on the other hand, THC is not. Even though Congress is working to change the status of THC, some jobs still restrict it and continue to do so for the safety of the public even after it is legalized completely. To keep your job, check with your Human Resource department before taking anything with THC. And be smart, check before you start. Take it from Rob, messing with CBD & THC laws are no joke. Thankfully laws of drastically changed since his possession arrest in 2006. 

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