Is CBD Oil Legal?

There’s a lot of fuss over hemp, marijuana, and cannabidiol (CBD). But why?

For one, CBD is known for having a number of health benefits for its users – from pain to reducing the risk of cancer. In one study done in 2012, it showed animals treated with CBD were less likely to develop colon cancer.

It’s also found to help speed up the development of new bone cells, which helps when you’re trying to heal a broken bone. The likelihood of it re-fracturing also diminishes, since bones are between 35% and 50% stronger.

But even with all of these miraculous benefits, what’s really causing a stir is the fact President Trump just legalized hemp. Now, this is a major win for advocates of cannabidiol. However, there’s still a lot of mystery shrouding the legality of the substance, since many states have yet to legalize marijuana or hemp.

If you’re in this boat, we’re going to attempt to shed some light on this dilemma.

Let’s have a closer look.

The 2018 Farm Bill

The 2018 farm bill President Trump signed included the legalization of the hemp plant. But before you go out and start planting seeds, there’s something you should know.

This bill is only a stepping stone to complete freedom of hemp cultivation. But for now, it’s for industrial hemp only. And in order to qualify to farm hemp, you have to jump through a few legal hoops.

Likely, you’re not interested in becoming a hemp farmer anyway and are more worried about hemp products and whether they’re legal. Such as CBD oil.

So let’s get into that now.

Is CBD Oil Legal or Not?

Well, since we live in a nation where there are federal and state laws, this becomes a bit tricky. In the past (and even now), the federal government doesn’t “respect” the marijuana laws of states that have legalized it.

This is why you’ll find pot shops being raided by the FEDs even though the state approves of it.

And although CBD isn’t on the level of marijuana when it comes to psychedelic effects, it’s still classified as a Schedule 5 drug by the DEA. This means it has the lowest possibility of becoming addictive and abused.

With the 2018 Farm Bill being passed, some hemp producers are using it as a way to claim their products are now legal. But as we stated, this bill only allows for the legal industrial cultivation of the hemp plant.

And this is only allowed if you’re growing it for academic agricultural research or are in a pilot program with your state.

So in a nutshell, CBD is not yet legal everywhere. But don’t worry – it’s not like the DEA is gonna come a-knockin’ on your door to take your bottle of CBD oil.

Now, there are some exceptions, depending on where you live.

Which States Legalized CBD Oil?

The good news is almost all 50 states have legalized marijuana in some form or fashion. Some states allow users to take it only with a medical prescription.

And others are more lenient, allowing residents to have only small amounts on them or grown in their homes.

So far, there are only three states that have yet to legalize any form of marijuana and those are Idaho, Nebraska, and South Dakota.

Sorry if you live in one of these states! Just keep an eye on your state laws to see if things change in the future.

Where Can I Use Marijuana Products Legally?

So you’re a marijuana plant lover and want to benefit from all if it’s products – weed, CBD, and hemp. Well, there are states in America that allow you to do all of that.

To date, there are 10 states that allow you to use marijuana for medical and recreational purposes. These states include:

  1. Alaska
  2. California
  3. Colorado
  4. Maine
  5. Massachusetts
  6. Michigan
  7. Nevada
  8. Oregon
  9. Vermont
  10. Washington

And since Washington DC doesn’t count as a state, it didn’t make it to the list. However, marijuana is fully legal in DC (what a surprise!).

As long as you’re 18 or older, you’re able to purchase marijuana legally from dispensaries.

Top-Rated CBD Brands

RankBrandShippingMore Info
1Verma FarmsWorldwide
2Verified CBDWorldwideUnavailable

What If I Only Need it for Medical Purposes?

Alright, so you’re battling with some illnesses and issues that the marijuana plant can help with. If this is the case, then you should be aware of the states that legalized the medicinal use of marijuana.

Thankfully, nearly half of the US has already jumped aboard the gravy train. So the chances of your state being on this list is almost 50-50.

Let’s review them:

  1. Arizona
  2. Arkansas
  3. Connecticut
  4. Delaware
  5. Florida
  6. Hawaii
  7. Illinois
  8. Louisiana
  9. Maryland
  10. Minnesota
  11. Missouri
  12. Montana
  13. New Hampshire
  14. New Jersey
  15. New Mexico
  16. New York
  17. North Dakota
  18. Ohio
  19. Oklahoma
  20. Pennsylvania
  21. Rhode Island
  22. Utah
  23. West Virginia

If you reside in Utah, Michigan, Oklahoma, or Missouri, then you just joined the rat race. These states recently passed a bill to legalize medical marijuana in 2018.

But don’t expect to see any dispensaries just yet. Some of these states are still struggling with getting up to speed and aren’t yet operational. This includes North Dakota, West Virginia, Ohio, Louisiana, Arkansas, and Michigan.

Certain states on this list have also decriminalized marijuana, which means you’ll no longer go to jail for having small amounts of the substance on you. The most you’re allowed to have depends on the state you’re in.

These states include:

  1. Connecticut
  2. Delaware
  3. Illinois
  4. Maryland
  5. Minnesota
  6. Mississippi
  7. Missouri
  8. Nebraska
  9. New Hampshire
  10. New York
  11. North Carolina
  12. Ohip
  13. Rhode Island

Are there Any States that Legalized Only CBD Oil?

Glad you asked! Yes, there are states that have sidestepped legalizing any form of marijuana and decided to instead legalize just CBD oil. So we have a total of 33 states that allow marijuana either for recreational or medical purposes.

There are a total of 13 states that allow the use of medical CBD. Of course, each state has its own rules and regulations surrounding its use.

Let’s break this down.


In this state, you’re only allowed to use CBD if it’s a part of a clinical trial. Or if you’re battling a debilitating condition that requires CBD for treatment. You can find out more about Alabama’s CBD oil laws here.


In Georgia, residents are allowed to obtain CBD oil but only with a prescription from your doctor. There are more than a dozen conditions that qualify for medical CBD. Some of these illnesses include Parkinson’s disease, seizure disorders, MS, and cancer.


As of 2018, Indiana residents are now allowed to make, sell, and possess CBD oil. But it has to have a max of 0.3% THC.


You’re allowed to have only limited amounts of CBD oil in Iowa. And you must be suffering from qualified medical conditions, such as cancer, AIDS, or seizures.


Since CBD is no longer classified with the likes of marijuana, residents are able to legally buy and possess CBD products. But the catch is it must have 0% THC.


Interested in growing hemp? Well, in Kentucky, you can grow hemp if you’re sponsored by the state. You can use this to manufacture CBD oil.


If you’re a patient suffering from severe episodes of epilepsy, then you’re allowed in Mississippi to use high concentrations of CBD. But, of course, there are rules – the product must be over 15% CBD and 0.5% or less THC.

North Carolina

In this state, you’re only allowed to acquire CBD oil if you have intractable epilepsy. Also, the CBD must derive from hemp.

South Carolina

You’re only allowed to have extremely low amounts of THC in any CBD oil you use in this state. Plus, you must have a severe epilepsy disorder.


Only CBD made from hemp extract is legal in Tennessee. You must also get a prescription from your doctor for treating an intractable epilepsy disorder.


If you have intractable epilepsy, then you can get CBD products that are over 10% but contains 0.5% THC or less.


In this state, you don’t have to suffer from a specific condition to use CBD. It just must be a condition that’s been diagnosed by a licensed doctor or practitioner.


Here, you’re able to use CBD oil for epilepsy and other medical condition your doctor diagnoses you with that can be treated with CBD.


If your epilepsy condition failed to improve after using other forms of treatment, then you’re able to use CBD oil in Wyoming. But before you buy, your neurologist must give the state’s Department of Health a statement detailing why you need it and how you can benefit from it. You’ll then get a card with the amount of CBD and THC your product is allowed to have.

So What Have You Learned?

Hopefully, you have all your questions answered. We covered the recent law changes for hemp and the states that legalized marijuana for medical and recreational use.

Plus, we talked about where CBD oil is legal in America, as well as who qualifies to use it in those states.

The only thing we can do now is to keep a close watch on the ever-changing laws of cannabidiol. Maybe someday soon all states will legalize it so we no longer have to ask – is CBD oil legal?

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top