Ever wonder about the actual legal status of CBD gummies? The answer may not be as clear as you think. In this article, we explain the current laws. Use this guide to learn about federal and state regulations regarding CBD use and which of these regulations affects you where you live.
Are CBD Gummies Legal? (Updated 2022 Explanation)
Are CBD gummies legal in all 50 states? The answer is mostly yes – but there are a few caveats here and there depending on how deeply you want to dive into state and local legislation.
The Farm Bill of 2018 legalized the growth of industrial hemp, so long as plants have a maximum THC content of 0.3% (THC is the compound in cannabis that gets you high). Contrary to popular belief, however, the Farm Bill does not explicitly legalize CBD.
Still, hemp-derived CBD gummies are easily found everywhere in the USA – both online and in stores in all 50 states. The only time CBD gummies would be illegal is if you purchased marijuana-derived gummies (i.e. gummies with THC levels above 0.3%) from an adult-use dispensary in a recreationally legal state, and tried to transport them to a state where cannabis is still illegal.
In other words, to summarize:
- Hemp-derived CBD gummies are widely available and accessible in all 50 U.S. states
- Marijuana-derived CBD gummies (i.e. THC levels above 0.3%) are available in states that offer legal medicinal or adult-use cannabis
- It would be illegal to transport dispensary-bought CBD gummies to a non-legalized state (i.e. from Colorado to Kansas)
What States Are CBD Gummies Legal in?
Again, CBD gummies are legal in all 50 states so long as they’re derived from hemp. There are however some interesting laws that still exist in various states, so let’s take a quick look at some of the finer points of CBD gummies legality.
Are CBD Gummies Legal in Texas?
Yes. In June 2019, Governor Greg Abbott signed a law that outlined the use and possession of legal CBD products in Texas. You can buy any hemp or hemp-derived products that contain less than 0.3% THC. This list includes cannabidiol products such as CBD gummies.
Are CBD Gummies Legal in Pennsylvania?
Yes. At the time of writing, Pennsylvania adheres to the regulations outlined in the 2018 Farm Bill. CBD-infused products such as food, capsules, vaping devices, and gummies are legal to buy.
Are CBD Gummies Legal in Florida?
Florida lawmakers passed SB 1020 in July 2019, which legalized hemp with a maximum of 0.3% THC. The new law also legalized hemp extracts, stating that hemp-derived cannabinoids are not controlled substances.
Therefore, you should have no issues purchasing CBD gummies in Florida. The state is also one of the few that has made an effort to regulate the hemp CBD market.
Are CBD Gummies Legal in Arizona?
At the time of writing, Arizona adheres to the new federal guidelines. Therefore, it is legal to buy CBD products such as gummies. You can purchase gummies online or over-the-counter at stores that sell health supplements.
Are CBD Gummies Legal in Ohio?
Yes. In July 2019, Governor Mike DeWine signed Senate Bill 57. This legalized the possession, sale, and purchase of hemp and hemp-derived products. As long as your CBD gummies contain less than 0.3% THC, you should have no issues.
Are CBD Gummies Legal in South Carolina?
CBD gummies are easily available in South Carolina. Interestingly, the state’s agriculture department has banned it as an added ingredient in human and animal food products. In reality, however, enforcement of this rule seems to be virtually non-existent.
Are CBD Gummies Legal in New York (NY)?
According to a July 2019 letter by the state’s Department of Agriculture and Markets, CBD is illegal in New York State when added to food or drink. Does this mean CBD gummies are not available in NY? Hardly. Like other states, hemp-derived CBD gummies are everywhere in New York, and are easy to purchase either online or in stores.
Are CBD Gummies Legal in Virginia?
Despite what you may have heard, Virginia hemp processors are allowed to bring hemp-derived CBD products to the market. They can also produce CBD as an approved food ingredient or dietary supplement if they meet specific criteria. Processors must not label or market foods as a treatment for a medical condition. So yes, you can find CBD gummies in Virginia – though you’ll probably find far more choice shopping online.
Conclusion on CBD Gummies Legality
Answering the question “are CBD gummies legal” depends on what type of gummies you’re talking about. If you’re talking about hemp-derived gummies with THC levels below 0.3%, then yes – they’re legal and available in all 50 states.
Marijuana-derived gummies on the other hand – i.e. gummies that you’d find in a medical or recreational dispensary – are illegal if you try and transport them from a legal to a non-legal state.
Are CBD Gummies Legal? FAQ
Are CBD Gummies Legal for Travelers?
The TSA now allows passengers to bring CBD on board a plane. The rule suggests that CBD derived from hemp with a maximum THC of 0.3% is permitted. However, it is probably not a good idea to try and transport CBD gummies internationally.
Where Are CBD Gummies Legal?
CBD gummies are legal in all states so long as they’re derived from Farm Bill-compliant hemp.
Are CBD Gummies Legal in all 50 States?
Again, this depends. If they’re made from hemp, yes. If they’re made from marijuana and have THC levels above 0.3%, then no (unless of course you have a medical cannabis card and/or are buying them in a state where cannabis is legal recreationally).
Your Guide To CBD Legalization By State
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In the past several years, cannabidiol (CBD) has gone from fringe to mainstream in the world of wellness. Today, you can easily find CBD in a variety of forms—tinctures, capsules, gummies and more. Despite its popularity, there’s a lot of confusion regarding even the most basic aspects of CBD, including what it is and whether it’s legal.
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Your ability to purchase and consume CBD legally largely depends on where you live. There are both federal and state regulations regarding CBD use, and knowing which of these regulations affects you is key to consuming the cannabinoid safely and legally.
What Is CBD, and Is It Legal?
CBD is a chemical compound naturally found in cannabis sativa, a plant species that includes both cannabis and hemp plants. (Think of cannabis sativa as a family and cannabis and hemp as sisters within that family.) The primary difference between the two plants is that hemp contains higher amounts of CBD than THC (the main intoxicatingly psychoactive compound in cannabis) while cannabis plants contain higher amounts of THC than CBD.
CBD and THC don’t contain the same amount of psychoactive components associated with feeling “high,” according to Mackenzie Slade, director of Cannabis Public Policy Consulting. “CBD is technically a psychoactive cannabinoid, but when derived from hemp plants, the psychoactive component is very, very low,” she says. While CBD won’t get you high, early studies indicate many potential benefits, including the possibility of mitigating depression and anxiety symptoms, relieving pain and protecting against some neurological diseases.
CBD is also scientifically linked to the prevention of seizures, leading the Food and Drug Administration (FDA) to approve a prescription drug called Epidiolex, which contains CBD as an active ingredient.
Despite these benefits, Slade says the legality of CBD is a gray area that legal analysts continue to hash out. Remember how CBD can be derived from both cannabis and hemp plants? That origin plays a role in its legality. At the federal level, CBD derived from cannabis is considered a Schedule 1 substance and is illegal, explains Slade. But CBD derived from a hemp source containing less than .3% THC by dry weight is not illegal because hemp is not a controlled substance. “[This distinction is called] a ‘source rule’ because CBD itself is not identified on the Controlled Substance Act schedule,” says Slade.
Additionally, it’s illegal to sell CBD products that are not FDA-approved, according to the Federal Food, Drug, and Cosmetic Act. “The Food, Drug, and Cosmetic Act [states] that once a substance is used as the active ingredient of a new drug that has been approved or authorized for clinical trials, food and beverages containing this ingredient cannot be introduced into interstate commerce. This is called the drug exclusion rule,” says Slade. She explains that this means the FDA’s approval of Epidiolex eliminated the possibility of producing and selling any food or beverage with CBD. This detail makes the situation even more complicated because CBD is commonly used in foods and drinks like lattes and juices. “[This is why] the federal legal status of CBD depends on the type of product it is and its source,” adds Slade.
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2018 Farm Bill
The most important year for CBD legalization (so far) was 2018 when the Agriculture Improvement Act (also known as the 2018 Farm Bill) was signed into law. “Farm bills are legislation that govern agricultural production and are updated every few years,” says Slade. “They basically serve as the federal government’s enabling laws to regulate and provide guidance on agriculture and food.”
The 2018 Farm Bill was the first time a farm bill included hemp cannabis plants. It effectively made the cultivation, production and sale of industrial hemp federally legal and regulated. When this change occurred, brands selling products containing CBD were elated because it meant hemp farmers would be able to extract CBD from their plants for ingestible purposes legally. But Slade says their hope was premature due to the drug exclusion rule, which was already in effect because of the FDA’s approval of Epidiolex.
CBD Legalization by State
All these layers make the question of whether CBD is legal to sell tricky to answer, and rules regarding CBD possession and use are just as complicated. Here, it comes down to the state in which you reside, as different states have different CBD regulations. While hemp-based CBD is legal at a federal level, some states consider using or possessing any cannabis product illegal—period. Other states only allow CBD use medically. This variance is outlined in greater detail in the chart below.
|State||CBD Legal Status||Additional Details|
|Alabama||Conditionally legal||CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions|
|Arkansas||Conditionally legal||Cannabis-derived CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions|
|California||Fully legal||Hemp-derived CBD edibles are not legal in the state, but cannabis-derived CBD edibles are; doesn’t seem to be strictly enforced and legislation has been proposed to remove this restriction|
|Delaware||Conditionally legal||Cannabis-derived CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions, though the CBD market in general is relatively unregulated in Delaware|
|District of Columbia||Fully legal|
|Florida||Conditionally legal||Hemp-derived CBD oil only|
|Georgia||Conditionally legal||Cannabis-derived CBD oil legal with medical cannabis license for specific conditions; must contain equal amounts of THC and CBD, and THC content cannot exceed 5%|
|Hawaii||Conditionally legal||Hemp-derived CBD oil only|
|Idaho||Conditionally legal||All varieties legal so long as there is no traceable THC content|
|Indiana||Conditionally legal||All varieties legal so long as they do not exceed 0.3% THC|
|Iowa||Conditionally legal||Cannabis-derived CBD oil exceeding 0.3% THC legal with medical cannabis license; list of accepted conditions is fairly restrictive|
|Kansas||Conditionally legal||All varieties legal so long as there is no traceable THC content; medical CBD oil legal with license for specific conditions, provided the THC content doesn’t exceed 5%|
|Kentucky||Conditionally legal||Hemp-derived CBD oil only|
|Louisiana||Conditionally legal||Cannabis-derived CBD oil legal with medical cannabis license for specific conditions|
|Maryland||Conditionally legal||Cannabis-derived CBD oil legal with medical cannabis license for specific conditions|
|Massachusetts||Fully legal||Oil with THC content exceeding 0.3% fully legal for adults age 21 and up and for adults 18 to 20 years old with medical cannabis license|
|Minnesota||Conditionally legal||Cannabis-derived CBD oil legal with medical cannabis license for specific conditions|
|Mississippi||Conditionally legal||Cannabis-derived CBD oil legal with medical cannabis license; limited number of accepted conditions; must be obtained from University of Mississippi; cannot exceed 0.5% THC|
|Missouri||Conditionally legal||CBD oil exceeding 0.3% THC legal with medical cannabis license—no qualifying conditions|
|Nebraska||Conditionally legal||Hemp-derived CBD oil only; cannabis is illegal even for medical purposes|
|New Hampshire||Conditionally legal||Cannabis-derived CBD oil legal with medical cannabis license for specific conditions|
|New Jersey||Fully legal|
|New Mexico||Conditionally legal||Cannabis-derived CBD oil legal with medical cannabis license for specific conditions|
|New York||Fully legal|
|North Carolina||Conditionally legal||Cannabis-derived CBD oil legal with medical cannabis license; however, the program is limited to a very small subset of the population of study participants and patients suffering from specific conditions|
|North Dakota||Conditionally legal||Cannabis-derived CBD oil legal with medical cannabis license for specific conditions|
|Ohio||Conditionally legal||Cannabis-derived CBD oil legal with medical cannabis license for specific conditions|
|Oklahoma||Conditionally legal||Cannabis-derived CBD oil legal with medical cannabis license—no qualifying conditions|
|Pennsylvania||Conditionally legal||CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions|
|Rhode Island||Conditionally legal||CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions|
|South Carolina||Conditionally legal||CBD oil exceeding 0.9% THC legal with medical cannabis license; very restrictive list of qualifying conditions|
|South Dakota||Conditionally legal||Medical and recreational cannabis products illegal; ballot measure proposed to change this ruling following a successful 2020 ballot measure that was overturned by the Supreme Court|
|Tennessee||Conditionally legal||CBD oil exceeding 0.9% THC legal with medical cannabis license; very restrictive list of qualifying conditions|
|Texas||Conditionally legal||Low-THC (up to 1%) CBD oil available for patients with qualifying conditions|
|Utah||Conditionally legal||Cannabis-derived CBD oil legal with medical cannabis license for specific conditions|
|West Virginia||Conditionally legal||Cannabis-derived CBD oil legal with medical cannabis license for specific conditions|
|Wisconsin||Conditionally legal||Cannabis-derived CBD oil legal with medical cannabis license for specific conditions|
|Wyoming||Conditionally legal||Hemp-derived CBD oil only|
Despite these regulations, CBD legalization remains a hot topic. “The hemp and CBD industry need regulatory certainty for ingestible products, and I think it will inevitably come through legislation requiring the FDA to regulate hemp extracts,” says Slade, adding that this level of oversight is key for preventing illegal CBD products from ending up on store shelves. “There will also be a need for the FDA to include enforcement policies to stop all illegal production and sales while that regulatory infrastructure is being developed.”
It’s likely that regulations surrounding CBD legality will continue to evolve and fluctuate over time. The conversation has only just begun.