Hemp / CBD Laws in Every State – Fall 2020

Who can sell CBD products? Where is CBD legal or illegal? Here’s the complete guide to the CBD / Hemp laws in all 50 states as of October, 2020.

Ready to buy? Check out shop.kush.com hemp products sourced around the United States. All products are federally legal and only contain ‘hemp derived cannabinoids’, but states can differ, make sure to look into your local laws & regulations before making any purchases.

Kush.com is a wholesale B2B site where you can list your hemp products and find buyers from all around the country. Learn more about Hot Listings and the rules for Kush.com Here.

Alabama

One of the few states that made a positive ruling themselves, stating that hemp can be produced, sold, and possessed. Alabama also has specifically stated that hemp derived material is legal as long as Delta 9 THC is less than .3% on the dry weight basis. This means Full Spectrum products that may fail a Total THC requirement in some areas, would be legal in Alabama.

Alaska

Growing or Selling Hemp in Alaska isn’t simple. You’ll need to get approved and licences through the Alaska Department of Natural Resources. On the other hand CBD oil is legal for use in Alaska as long as it’s sourced from industrial hemp, specifically from the plant’s stalks and seeds.

Alaska has also legalized cannabis! So there should be plenty of legal cannabinoid options.

Arizona

Independently of the 2018 Farm Bill, Arizona passed a court ruling in 2014 which stated that CBD is medically useful for treating epilepsy. Since then both buying and producing hemp products has become more accessible with the Farm Bill, and Arizona’s clarifications. Currently they only require Delta 9 THC to be less than .3% on the dry weight basis. Full Spectrum products that may fail a Total THC requirement in some areas, should be legal in Arizona.

Arkansas

There is restrictions on growing & selling hemp with one business in Arkansas, but otherwise, CBD products are legal and available through online / retail outlets. Arkansas officially lifted CBD from the state’s list of controlled substances, but the Arkansas Industrial Hemp Program has specifically stated they count delta-9 THC as being THC + 0.877*THCA. This means that the ‘Total THC’ needs to be under .3%, making most Full Spectrum products illegal to buy or sell.

Ready to buy? Check out shop.kush.com hemp products sourced around the United States.

California

With the legalization of cannabis in California, there is plenty of CBD options available both online from out of state, and in local stores. There is one caveat; the California Department of Public Health claims CBD is illegal in all foods, beverages, ext.. until the FDA has approved CBD for use in food and beverages.

As a consumer, or a hemp business, stay away from consumables like edibles and drinks. Your safest bet would be finding pure isolates. The state has not specifically ruled on the definition of Delta 9 THC, so Full Spectrum products have not been banned.

Colorado

With the legalization of cannabis in Colorado, there is plenty of Cannabinoid options available both online from out of state, and in local stores. Colorado has ruled that industrial hemp products are only required to have Delta 9 THC below .3% THC, so buying and selling Full Spectrum products is allowed as long as they meet the basic requirements.

Connecticut

The state has not specifically ruled on the definition of Delta 9 THC, so Full Spectrum products haven’t been banned. Hemp-derived CBD is generally legal in Connecticut since the passing of the 2018 Farm Bill.

Ready to buy? Check out shop.kush.com hemp products sourced around the United States.

Delaware

The State of Delaware has actively passed legislation since 2014 allowing for medical use of CBD, and was one of the first States to adopt the 2018 Farm Bill and allow for industrial hemp producers / processors. Hemp derived cannabinoids and CBD are generally legal to buy in Delaware as long as delta 9 THC doesn’t break the basic Federal requirements.

Florida

CBD has been legal and widely unregulated in Florida until regulations went into effect January of 2020 giving the Department of Agriculture the power to inspect stores and products. Selling things may come with more regulatory hoops, but buying hemp CBD products hasn’t changed. The state has also been specific that Delta 9 THC to be less than .3% on the dry weight basis. Full Spectrum products that may fail a Total THC requirement in some areas, should be legal in Florida.

Georgia

As long as the product meets the basic 2018 Farm Bill .3% delta 9 THC requirement, industrial hemp growing, selling, and buying are legal in Georgia. Additionally Georgia has it’s own Low THC Oil Registry program with the Department of Public Health which allows qualified patients access to higher THC products (in state only). The state has not specifically ruled on the definition of Delta 9 THC, so Full Spectrum products have not been banned.

Ready to buy? Check out shop.kush.com hemp products sourced around the United States.

Hawaii

In a recent development, as of November 1st, 2020 farmers in Hawaii can register to grow industrial hemp through the (USDA) Domestic Hemp Production Program.

At one point a Medical Marijuana Perscription was required to buy CBD products, but since the passing of the 2018 farm bill, any products under .3% THC are legal to purchase and consume. Hawaii has also been specific that Delta 9 THC to be less than .3% on the dry weight basis, so Full Spectrum products that may fail a Total THC requirement in some areas, should be legal in Hawaii.

Idaho

Idaho is one of the tougher states to sell and consume CBD products within. The Idaho Attorney General considers CBD to be a controlled substance unless it is derived from excluded parts of the hemp plant (stalks and seeds for example) and contains no THC at all. This means that most hemp products available on the market would not be legal in Idaho, since they may have been derived from the hemp flowers, or contain trace amounts of THC.

Illinois

Illinois has had a long standing medical marijuana program and recently legalized cannabis. Since the passing of the 2018 Farm Bill the rules have become simpler, and all industrial hemp products that meet the .3% THC limit are legal to possess, and consume in Illinois. The state has also been specific that Delta 9 THC to be less than .3% on the dry weight basis, so Full Spectrum products that may fail a Total THC requirement in some areas, should be legal in Illinois.

Growing isn’t as simple though. According to the department of agriculture you can apply for a Hemp Growers License through the state, but there must be a research component to the application.

Ready to buy? Check out shop.kush.com hemp products sourced around the United States.

Indiana

Growing hemp in Indiana does require a license through the state, but possession and consumption are legal as long as the products are compliant with the 2018 Farm Bill and do not exceed .3% THC. Indiana has not specifically ruled on the definition of THC, so Full Spectrum products have not been banned.

Iowa

As of early 2020, Iowa has loosened the states regulations to resemble the 2018 Farm Bill’s standards. It is legal to grow, possess, buy or sell hemp in Iowa as long as it doesn’t break the .3% THC or the Food, Drug & Cosmetic Act by being used in food and drug products. Indiana has not specifically ruled on the definition of Delta 9 THC, so Full Spectrum products have not been banned.

Kansas

Before 2018 absolutely no THC was allowed in CBD products making it hard to source compliant products. But since then, Kansas has adopted the Farm Bill and passed their own legislation outlining industrial hemp rules. The state was specific that Delta 9 THC needs to be less than .3% on the dry weight basis, so Full Spectrum products that may fail a Total THC requirement in some areas, should be legal in Kansas.

Ready to buy? Check out shop.kush.com hemp products sourced around the United States.

Kentucky

Kentucky has been close to follow federal standards by allowing hemp cultivation back in 2014, and defining the definition of Hemp in 2018 as to allow end consumer sales… with one cavoite.. Purchasing hemp flowers, prerolls, and some smokeless products are prohibited without a license from the state.

Louisiana

CBD / hemp products are legal to purchase in Louisiana, but with some exceptions. In 2019 the state passed legislation explicitly legalizing hemp derived CBD and defined their limits as .3% Delta 9 THC. This means Full Spectrum products that may fail a Total THC requirement in some areas should be legal in Louisiana.

Although CBD products are legal, the state prohibits Smokable CBD, as well as food, alcohol, and supplements. The local authorities are also known to test products randomly for THC, so retail buyers in Louisiana should take extra precaution in the products they source.

Maine

In Maine, CBD products are legal as long as there is no medical claims. The state was also specific that Delta 9 THC needs to be less than .3% on the dry weight basis, so Full Spectrum products that may fail a Total THC requirement in some areas, should be legal in Maine.

Maryland

Low THC hemp derived CBD products have been legal in Maryland since 2015, far ahead of the 2018 Farm Bill and the national standards we follow today. Currently CBD is legal to purchase and consume in Maryland, and the legislation has been specific that Delta 9 THC needs to be less than .3% on the dry weight basis. This means Full Spectrum products that may fail a Total THC requirement in some areas, should be legal in Maryland.

Ready to buy? Check out shop.kush.com hemp products sourced around the United States.

Massachusetts

CBD is legal in Massachusetts and available from both the national hemp marketplace but also within the states legal Cannabis industry. Both the products and regulations are different depending on which CBD your buying, but in general Hemp Derived CBD under .3% THC is legal to purchase and consume in Massachusetts.

Michigan

With a thriving legal cannabis industry, CBD is in no short supply for Michigan. In general Hemp Derived CBD under .3% THC is legal to purchase and consume in Michigan, and the state has not specifically ruled on the definition of THC, so Full Spectrum products have not been banned.

Minnesota

CBD products have been sold in Minnesota for a few years now, but as of January, 2020 the state officially legalized and defined hemp and cbd products. Now in general CBD products that test under .3% THC is legal but the state defined THC as total potential THC post-decarboxylation, which means some Full Spectrum products will not be legal in Minnesota.

Mississippi

One of the few states that didn’t embrace federal regulation on the Hemp industry, Mississippi is not very CBD friendly. Mississippi does not allow for state-licensed hemp growers or processors, and currently to buy CBD most products within Mississippi you’ll need medical license from the state.

Some CBD options made outside of Mississippi are available but possession of any amount of CBD with more than 2.5 milligrams of THC per milliliter is punishable by Mississippi law. Additionally, Mississippi police are likely to arrest for possession if a product even looks like marijuana.

Missouri

Missouri has it’s own medical cannabis industry in which a medical license can be acquired from the state to allow the purchase of CBD products from licensed dispensaries. In general since the 2018 Farm Bill CBD products that test under .3% THC is legal, and the state has not specifically ruled on the definition of THC, so Full Spectrum products have not been banned.

Ready to buy? Check out shop.kush.com hemp products sourced around the United States.

Montana

In general since the 2018 Farm Bill CBD products that test under .3% THC are legal in Montana. The state has also been specific that Delta 9 THC needs to be less than .3% on the dry weight basis. This means Full Spectrum products that may fail a Total THC requirement in some areas, should be legal in Montana.

States N – Z coming soon! (Updates Daily)

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