Is CBD Legal? |

Due to its ability to naturally treat dozens of chronic conditions, the rise in popularity of Cannabidiol (CBD) has mooned. Because this hemp-derived compound does not contain THC, what get you high, it has become more and more accepted in states like California, and Kentucky, and Colorado.

CBDNerds Staff Updated on May 11, 2022

Due to its ability to naturally treat dozens of chronic conditions, the rise in popularity of Cannabidiol (CBD) has mooned. Because this hemp-derived compound does not contain THC, what gets you high, it has become more and more accepted in states like California, and Kentucky, and Colorado.

CBD’s legal acceptance has progressed but it still is a somewhat grey area. There are different laws in different states, similar to that of medical cannabis, and even separate laws at state and federal levels. Because of this grey area confusion, there are many people still afraid to benefit from the miracle compound.

As of today, CBD is legal in all 50 states

But as mentioned there’s some grey area confusion. You may ask what is confusing about this? The legality depends on a few factors but mainly where the CBD comes from. Is it from hemp or marijuana plants? You guessed it, some states will not allow it to be marijuana-derived.

If the CBD was derived from hemp or from marijuana

So hemp and marijuana are both from the cannabis family, so they do have a lot of commonalities. That said there’s a significant difference between the two. This difference the amount of THC each plant produces which is the compound that gives you that “high” feeling. For example, the marijuana flower can have up to 30% THC, while the hemp-derived plant contains maybe up to  0.3% THC. Because hemp has such little THC it would be nearly impossible to get high consuming it.

Since hemp doesn’t get you high, it’s not illegal to possess it. You can legally purchase hemp products in different forms and products in the USA. Marijuana, which is psychoactive and gets you high, is not so legal in the USA. For this reason, the source of where your CBD product comes from has a large impact on its legality.

Is CBD Legal

Laws around hemp-derived CBD

So you ask if CBD is legal? If your CBD is derived from the hemp plant then simply put yes! Remember, it’s legal if it is derived from the hemp plant. Because CBD from hemp does not get you high, you can legally purchase it in stores and online. Be sure to check out our CBD reviews if you decide to buy online.

Laws around marijuana-derived CBD

Sadly we can’t quite yet say the same about CBD derived from marijuana. Because it is derived from marijuana, despite its isolated state, is still looked at as a byproduct of marijuana and is ruled differently than it’s hemp derived counterpart. It’s still legal in some states, just not all. Still, with this confusion, we seem to be moving in the right direction as more and more states are recognizing the reality behind CBD and fully accepting it despite which plant it’s derived from.

Here is a list of states where CBD is fully legal









States where CBD is legal for medical use

There are a total of 48 states where CBD is Legal for medicinal use. Still, the laws vary from state to state. There are 17 states that have their own legislation for what’s allowed with regards to THC levels in CBD and the symptoms being treated with CBD.

There are states: Utah, Mississippi, Florida, Georgia, Iowa, Kentucky, Missouri, Indiana, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Alabama, Virginia, Wyoming, and Wisconsin.

These are the 29 states that have fully legalized the medicinal use of all Cannabidiol products that come from either hemp or Marijuana: Connecticut, Arizona, California, Delaware, Florida, Illinois, Maryland, Colorado, Massachusetts, Vermont, Montana, Minnesota, , Nevada, Hawaii, New Hampshire, New Jersey, New Mexico, Alaska New York, North Dakota, Arkansas Ohio, Oregon, Michigan, Pennsylvania, Washington Rhode Island, West Virginia, and Maine. Guam and Puerto Rico also apply to this list.

Keep in mind you’ll need a prescription to purchase in these states mentioned above. Each state has it’s own allowance in terms of concentration of THC in a CBD item. This can range from 0.3%?—?8%. We do highly recommend being cognizant of what your state laws are so hopefully this article helps you understand if it’s legal for you to purchase CBD products.

Where CBD is illegal?

There are 46 states where CBD is legal but 4 that still aren’t (as of early 2018) This may change soon. These states are Nebraska, Kansas, South Dakota, and Idaho. There’s some confusion surrounding this. Yes, marijuana-derived CBD is allowed in these states, the laws are still confusing. You’ll still find merchants selling CBD to these patients but it’s still important to know the law. We at CBD Nerds are CBD enthusiasts and truly believe in its healing properties. That said if you are from one of these 4 states just be cognizant of the law.

It would be hard to imagine that CBD won’t be completely legal without any grey area in the next few years. There’s more and more research poured into its benefits daily and regular CBD users swear by it. Check out the latest 2019 update on is CBD Legal.

If you’re looking to purchase legal CBD, we highly recommend brands such as Sun State Hemp, Green Garden Gold, Vitagenne, American Hemp Oil, and Eden’s Herbals.