CBD Laws by State (2026)
How each state handles cbd, from each state's code and official agencies.
| State | CBD |
|---|---|
| Alabama | Hemp CBD products sold to eat, drink, apply or take under the tongue fall under Alabama's 'consumable hemp product' law, which covers any finished product containing hemp compounds, including cannabinoids. They must be sold by a retailer licensed by the Alcoholic Beverage Control Board, meet testing, packaging and THC limits, and may not be bought or possessed by anyone under 21. Pharmacies may sell topical and under-the-tongue hemp products, and grocery stores may sell hemp beverages, with a board license. Smokable hemp products are banned. Ala. Code 1975 §§ 28-12-2(5), 28-12-20(a), 28-12-45(a)-(c), 28-12-49 |
| Alaska | Hemp CBD products are legal in Alaska only if they contain no delta-9-THC and are endorsed by the Division of Agriculture. The division's notice lists CBD isolate, CBG isolate and broad-spectrum products with the THC removed (shown on the final certificate of analysis) as permitted for sale once endorsed. Anyone selling hemp products to consumers must hold a retailer registration with the division, and unendorsed products must be taken off shelves. Products made only from hemp seeds, which contain no CBD or THC, may be sold without an endorsement. 11 AAC 40.400(a), (d); 11 AAC 40.500 (as quoted in Alaska Division of Agriculture, Advisory Notice, Jan. 31, 2025, and Industrial Hemp and Intoxicating Hemp Products FAQ for Professional Licensees) |
| Arizona | Arizona's hemp statute does not separately regulate CBD retail sales in the sections read. The industrial hemp law defines 'hemp products' to exclude any product made to be ingested other than food made from sterile hemp seed or hemp seed oil, and the Department of Agriculture licenses growing and processing of industrial hemp (no more than 0.3% delta-9 THC). The Attorney General's 2024 opinion restricting delta-8 sales says it does not apply to non-intoxicating products such as CBD. A.R.S. §§ 3-311(5), (7), 3-313; Ariz. Att'y Gen. Op. I24-005 n.1 |
| Arkansas | Hemp-derived CBD is legal in Arkansas when it has no more than 0.3% delta-9 THC on a dry weight basis, as verified by a nationally accredited laboratory, and is not an FDA-approved medication; such CBD is excluded from the definition of marijuana and from the Schedule VI listing of tetrahydrocannabinols. CBD products cannot contain the delta-8, delta-10 or other chemically converted THC substances that Arkansas lists as controlled. Ark. Code § 5-64-101(16)(B)(vi) as amended by Act 629 of 2023, § 4; Ark. Dept. of Health List of Controlled Substances, Schedule VI (a)(2) |
| California | Hemp CBD is allowed in California foods, beverages and dietary supplements made by manufacturers holding an Industrial Hemp Enrollment and Oversight authorization from the Department of Public Health. Since January 1, 2026 (AB 8), hemp extract used in these products may not contain any THC or synthetic cannabinoids and must be CBD or CBN isolate with purity above 99%, confirmed by a certificate of analysis from an independent lab. Hemp cosmetics may contain up to 0.3% total THC only if applied topically. The emergency regulations set a minimum age of 21 to buy hemp final-form products intended for human consumption and a limit of five servings per package. AB 8, Ch. 248, Stats. 2025; CDPH emergency regulations DPH-24-005 (as described in CDPH, AB 8 Frequently Asked Questions) |
| Colorado | CBD and other non-intoxicating hemp cannabinoids (including broad-spectrum hemp extract, CBG, CBN, and full-spectrum extract with no more than 1.75 mg THC per serving and a CBD-to-THC ratio of at least 15 to 1) may be used as an ingredient in or as a finished hemp product in Colorado. Hemp products must be cosmetics, dietary supplements, foods, food additives or herbs, and manufacturers and storage facilities must register with the state health department. Products with more than 1.25 mg THC per serving or a CBD-to-THC ratio below 20 to 1 may not be sold to people under 21 (products with no THC, tinctures and cosmetics are exempt from that age rule). C.R.S. § 25-5-427(4)(b), (5)(a), (8)(b)-(c), (8)(e) |
| Connecticut | CBD from hemp is legal in Connecticut when the product is not a 'high-THC hemp product': CBD in manufacturer hemp products is not a controlled substance or a legend drug, and hemp-derived CBD is excluded from the definition of marijuana. Ingestible hemp products (food, drinks, oils) may be sold only if made from hemp grown under an approved USDA, state or tribal hemp plan and labeled with a QR code or barcode linked to an independent lab's certificate of analysis showing cannabinoid content, any best-by date, and warnings (pregnancy/breastfeeding, keep away from children, not FDA-evaluated). Health or medical claims in ads or labels are banned, and products may not contain synthetic cannabinoids or be packaged to look like cannabis or other branded products. Products over the THC limits are treated as cannabis (see the hemp THC rules). Conn. Gen. Stat. §§ 22-61m(s), (v), (w), (x), (y), (aa); 21a-240(29) |
| Delaware | Hemp CBD is not marijuana under Delaware law when it comes from industrial hemp (no more than 0.3% delta-9 THC on a dry-weight basis). House Bill 373 (signed July 23, 2026) classifies CBD, CBG, CBN and CBC as nonintoxicating cannabinoids. The Office of the Marijuana Commissioner describes CBD as not intoxicating but says unregulated hemp-derived products are not tested for safety or purity. 16 Del. C. § 4701(28)b.3.; 3 Del. C. § 2801(2); HB 373 (153rd G.A.) |
| Florida | Hemp CBD is legal in Florida as 'hemp extract' when it contains no more than 0.3% total delta-9 THC and no controlled substances; synthetic CBD is excluded from the definition. CBD products for ingestion or inhalation may be sold only with an independent lab certificate of analysis, QR code or barcode, batch number, expiration date and milligrams of each cannabinoid per serving, in packaging that is child-resistant and not attractive to children, and only to buyers 21 or older. Hemp extract is also subject to the state food laws (chapters 500, 502 and 580), and mislabeled or child-attractive products face immediate stop-sale orders. Fla. Stat. § 581.217(3)(f), (7)(a)-(e) |
| Georgia | Hemp CBD products are legal in Georgia as 'consumable hemp products' (products intended to be ingested, absorbed or inhaled), and hemp and hemp products as defined in § 2-23-3 are excluded from the Schedule I listing for tetrahydrocannabinols. Since Senate Bill 494 (main provisions effective October 1, 2024), they must be sold by Department of Agriculture-licensed retailers, tested by a registered laboratory, and meet packaging, advertising and labeling requirements, and they may not be sold to anyone under 21. SB 494 (2024); O.C.G.A. §§ 2-23-3, 16-13-25(3)(P) |
| Hawaii | Hemp CBD products are legal in Hawaii only in the forms and limits allowed by the Department of Health's hemp rules: edible products such as tablets, capsules, powders, softgels, oil-based tinctures, gummies and beverages, plus topicals, made by a DOH-permitted hemp processor, lab-tested for cannabinoids and contaminants, labeled with cannabinoid content per serving and a link to lab results, and kept at or below 0.3% total THC and the per-product THC limits. Adding CBD or other cannabinoids to other foods is prohibited, as are inhaled hemp products, hemp flower, and products making unsubstantiated health claims. Businesses selling hemp products need a DOH certificate of registration (interim rules effective January 28, 2026). Haw. Admin. R. ch. 11-37 (interim rules), incl. §§ 11-37-3, 11-37-5 |
| Idaho | Hemp-derived CBD is legal in Idaho only if the product fits the state's definition of hemp and the Schedule I THC exception; under a 2026 amendment, hemp products intended for eating or inhaling (other than hulled hemp seed, hemp seed protein powder and hemp seed oil) are subject to the state hemp law and must meet those criteria. Plant material or extracts that do not meet the hemp definition and contain any THC are presumed to be marijuana. FDA-approved cannabidiol drugs with no more than 0.1% residual THC are excluded from the marijuana definition. The statutes read set no age limit for CBD. Idaho Code §§ 22-1705(4), 37-2701(u), 37-2705(d)(29) |
| Illinois | Non-intoxicating hemp CBD products remain legal in Illinois. Under the Illinois Hemp Act (SB 3222), effective November 12, 2026, only non-intoxicating CBD products with less than 0.4 mg total THC may be sold outside the licensed medical and adult-use cannabis market; all products must use safe ingredients, be tested and carry detailed labels, and packaging may not target minors, mimic children's products, make health claims or imply state endorsement. SB 3222 (2026), Illinois Hemp Act; Office of the Governor press release, June 12, 2026 |
| Indiana | Hemp CBD products are legal in Indiana as 'low THC hemp extract': a product derived from industrial hemp that contains not more than 0.3% delta-9 THC (including precursors) and no other controlled substances. Since July 1, 2018, low THC hemp extract must meet testing, packaging and labeling requirements for distribution and retail sale. A retailer who sells marijuana packaged to look like low THC hemp extract, knowing or having reason to know it is marijuana, commits dealing in marijuana as a Level 5 felony; possessing such a product is a Class A misdemeanor. S.E.A. 52, P.L. 153-2018, as summarized by the Indiana Office of Court Services Legislative Update |
| Iowa | Hemp CBD products sold to be eaten, drunk or absorbed are 'consumable hemp products' in Iowa: they must stay within the total THC limits (the lesser of 0.3% dry weight or 4 mg per serving and 10 mg per container), manufacturers and sellers must register with the Department of Health and Human Services, and they may not be sold to or bought or possessed by anyone under 21. Smokable or vapeable hemp is banned unless federal law authorizes inhalation. Separately, Iowa's medical cannabidiol program (chapter 124E) allows registered patients to possess and use medical cannabidiol. Iowa Code §§ 204.2, 204.7, 204.14A, 204.14D, 204.14E, 124.401(5)(c) |
| Kansas | Cannabidiol (CBD) is excluded from Kansas's definition of marijuana, and hemp products may contain no more than 0.3% total THC. CBD oil may be used as an ingredient in hemp products intended to be eaten or applied, but hemp teas, smokable hemp and hemp vape liquids may not be sold. Claire and Lola's law separately defines a 'cannabidiol treatment preparation' (an oil whose THC is no more than 5% of its CBD content, verified by an accredited independent lab) for people with a debilitating medical condition, and bars child-removal proceedings based solely on possessing or using it in line with the possession statute. K.S.A. 21-5701 ('marijuana' definition); 2-3901(b)(4); 2-3908(a); 65-6235 |
| Kentucky | Hemp CBD products are legal in Kentucky. Kentucky makers of ingestible or cosmetic CBD products must hold a food or cosmetic manufacturer permit from the Cabinet for Health and Family Services and obtain a certificate of analysis, and products sold in Kentucky must carry a bar code, QR code or web address linking to the lab results, the hemp's origin and the maker's contact information; labels may not claim to diagnose, treat, cure or prevent disease. Under the cabinet's regulation, 'non-intoxicating' cannabinoid products (at least 15 parts non-intoxicating cannabinoid to 1 part adult-use cannabinoid, and no more than 2.5 mg of adult-use cannabinoid per serving) and cosmetic products may be sold to people under 21. KRS 217.039; 902 KAR 45:190 |
| Louisiana | Hemp CBD products are legal in Louisiana but are regulated as consumable hemp products (any hemp-derived product with a cannabinoid such as CBD, including pet products). Each product must be registered with and approved by the Louisiana Department of Health, with a lab certificate of analysis, and labels may not make medical claims and must show the THC per serving. Sellers need a permit, may not sell to anyone under 21, and must keep products (other than hemp beverages) where customers cannot reach them without an employee. Retailers may not add hemp products to food or drinks they sell, and inhalable products and hemp flower for retail use are banned. La. R.S. 3:1481(3), 3:1482, 3:1483 |
| Maine | Hemp CBD products are legal in Maine. A food, food additive or food product containing hemp or CBD derived from hemp is misbranded unless its package states that it contains hemp or CBD, gives the CBD content, the hemp source and (for extracts and tinctures) the batch number, and says it has not been tested or evaluated for safety; restaurants and stores serving unpackaged CBD foods must post a sign and keep a directory of the products. A hemp product with at least a 10-to-1 ratio of non-intoxicating cannabinoids (such as CBD) to intoxicating ones and less than 0.3% intoxicating cannabinoids is not a 'potentially intoxicating hemp product,' so the under-21 sales ban does not apply to it. 22 M.R.S. §2157(15); 7 M.R.S. §2231(1-A)(F), (H), (12) |
| Maryland | Hemp CBD products are legal in Maryland. CBD is excluded from Maryland's definition of tetrahydrocannabinol, so a CBD product with no more than 0.5 milligrams of THC per serving and 2.5 milligrams per package may be sold outside the licensed cannabis system. Hemp-derived tinctures with at least a 15-to-1 ratio of CBD to THC, no more than 2.5 milligrams of THC per serving and 100 milligrams per package may also be sold, if the seller provides samples for state testing. Products above those THC limits may be sold only by licensed cannabis businesses to people 21 and older, and any cannabinoid product not derived from naturally occurring plant compounds is banned. Md. Code, Alc. Bev. & Cannabis §36-1102(a)(3), (b)-(d) |
| Massachusetts | According to the Massachusetts Department of Public Health, it is not legal to manufacture or sell food or beverages (including bottled and carbonated drinks) containing hemp-derived CBD or THC in Massachusetts, including full-spectrum, broad-spectrum and whole-plant hemp extracts; hulled hemp seeds, hemp seed protein and hemp seed oil may be added to food. An MDAR hemp processing license does not create an exception, and hemp products may not be marketed with therapeutic claims without FDA approval. Cosmetics containing hemp or CBD are not banned by a specific rule but must not be adulterated or misbranded. Mass. Dept. of Public Health, 'CBD and THC in Food Manufactured or Sold in Massachusetts' (updated May 30, 2024); 105 CMR 500.000; 105 CMR 590.000 |
| Michigan | Hemp CBD products are legal in Michigan when they qualify as 'industrial hemp': a consumable product must have a THC concentration of 0.3% or less and a total amount of THC no greater than the limit set by the Cannabis Regulatory Agency, in the form sold to consumers. A product that exceeds either limit is treated as marijuana and may be sold only in the licensed cannabis system. MCL 333.27953(f)(v), (h) |
| Minnesota | Hemp CBD products are legal in Minnesota under the cannabis and hemp law. CBD edibles and drinks fall within 'lower-potency hemp edibles,' which may contain up to 100 milligrams of CBD (or CBG, CBN or CBC) per serving or container and must meet the THC limits, and they may be sold only by licensed retailers to customers 21 or older. Hemp-derived topical products (applied to the body) are a separate category, and other hemp-derived consumer products are also regulated by the Office of Cannabis Management. Minn. Stat. §342.01, subds. 37, 38, 50; §342.46 |
| Mississippi | Mississippi's controlled substances law exempts cannabidiol (CBD) in an FDA-approved prescription drug and CBD obtained under the state's CBD-oil law (§ 41-29-136), and exempts hemp-derived products for human consumption only if they are approved by the U.S. FDA. In its June 11, 2025 official opinion, the Attorney General concluded that selling hemp-derived products made for eating or drinking that are not FDA-approved, outside a licensed medical cannabis dispensary, is prohibited under the Uniform Controlled Substances Law. Medical cannabis products are handled separately under the Medical Cannabis Act (§ 41-137-1 et seq.). Miss. Code Ann. § 41-29-113(d)(23)(A), (d)(31)(vi); Miss. Att'y Gen. Op., Legality of Hemp Products for Human Ingestion and/or Consumption (June 11, 2025) |
| Missouri | Missouri has long allowed registered patients with intractable epilepsy to possess 'hemp extract' (no more than 0.3% THC and at least 5% CBD) with a state registration card. Under the Intoxicating Cannabinoid Control Act, effective November 12, 2026, any product derived from hemp that contains cannabinoids 'in any form' and is meant for human or animal use is a 'hemp-derived cannabinoid product' treated as marijuana and may be sold only by licensed marijuana businesses; FDA-approved drugs are excluded, and hemp and industrial hemp themselves are not treated as marijuana. Only licensed marijuana dispensaries may use the word 'dispensary' in a business name when selling CBD, hemp or cannabinoid products. Violations are a class D felony plus $5,000 per transaction. RSMo §§ 195.207, 195.900.2(4), .3, .5, .8, .10 |
| Montana | Montana regulates hemp products, including CBD products, by THC content rather than banning CBD by name in the sections read. Any hemp product sold may contain no more than 0.5 milligram of total delta-9 THC per serving and 2 milligrams per package, and since May 5, 2025 a hemp product meant for eating, smoking, vaping or other use that contains total delta-9 THC may not be sold to a consumer unless it is FDA-authorized as a food or drug. Artificially produced (synthetic) cannabinoids may not be made or sold. MCA §§ 16-12-117(1), (3)-(4), 50-31-239 |
| Nebraska | Hemp, including its extracts and cannabinoids such as CBD, is legal in Nebraska if it has no more than 0.3% delta-9 THC on a dry weight basis; the law says hemp is an agricultural commodity and not a controlled substance, and 'marijuana' does not include hemp or CBD in an FDA-approved drug. Resins extracted from hemp held as allowed under the Nebraska Hemp Farming Act are not treated as hashish. The statutes read set no age limit or labeling rule specific to CBD. Neb. Rev. Stat. §§ 2-503(3), 28-401 |
| Nevada | Nevada regulates hemp-derived CBD products mainly through signage and marketing rules. A person without a cannabis license who sells a hemp product meant for human consumption (any product containing hemp or claiming to contain cannabidiol) must post a sign at each entrance reading 'THIS LOCATION IS NOT LICENSED TO SELL CANNABIS' and a sign at the register reading 'ALL HEMP PRODUCTS CONTAIN LESS THAN THE LEGAL LIMIT OF THC,' and may not falsely claim to be a cannabis store or that the product is cannabis or intoxicating; violations are deceptive trade practices. Hemp itself is defined in NRS 557.160 and excludes finished products made from hemp. The Cannabis Compliance Board may adopt rules for sales of hemp and CBD products by licensed cannabis establishments. No CBD-specific age limit appeared in the sections read. NRS 678A.660 (added 2025), 678A.450(1)(g), 557.160 |
| New Hampshire | New Hampshire law defines cannabidiol (CBD) as a phytocannabinoid extracted from hemp, and hemp (no more than 0.3% delta-9 THC on a dry weight basis) may be grown as an agricultural product. The hemp law does not authorize selling hemp-derived products with more than 0.3% THC (including delta-8 and other isomers); from January 1, 2027 the THC limit counts total THC including THCA, and such products are expressly prohibited. The hemp chapter sets no CBD-specific age limit or labeling rule. RSA 439-A:2, I, V, 439-A:3, 439-A:4 |
| New Jersey | Since April 13, 2026, a 'hemp-derived cannabinoid product' (such as a CBD product) must have a total THC concentration below 0.3 percent on a dry weight basis and less than 0.4 milligrams of total THC per container; products above those limits are treated as cannabis. Hemp-derived cannabinoid products may be sold by licensed cannabis retailers that follow the Commission's testing, packaging and labeling rules, and no product with a detectable amount of THC may be sold to anyone under 21. The Department of Health treats any food or drink containing CBD, THC or other cannabinoids as adulterated under N.J.S.A. 24:5-8, so CBD may not be sold as food in retail food establishments; local health departments may embargo such products and seek civil penalties of $50 to $1,000 per violation. P.L.2025, c.215; P.L.2026, c.7; N.J.S.A. 24:5-8; N.J.S.A. 26:1A-10 (as described by the Cannabis Regulatory Commission and Department of Health) |
| New Mexico | Hemp CBD products are legal and regulated by the Environment Department as hemp finished products. 'Hemp' means cannabis with not more than 0.3 percent THC on a dry weight basis, and CBD (cannabidiol) is a listed cannabinoid that may be used as an ingredient. Hemp finished products sold to consumers (food, cosmetics or inhalable products) must come from a permitted hemp facility and may contain no more than 0.3 percent total THC, 2.0 milligrams of total THC per serving and 20 milligrams per package (broad-spectrum products, with the THC removed, no more than 6.0 milligrams per package). Restaurants and bakeries that make hemp products must meet the same requirements as wholesale producers. 20.10.2.7, 20.10.2.11(L), 20.10.2.12 NMAC (eff. Jan. 28, 2026) |
| New York | Hemp CBD products are legal and regulated by the Office of Cannabis Management, which requires a license or permit to manufacture, process, distribute or sell cannabinoid hemp products. Products must be made under federal food or supplement manufacturing rules, be lab tested with a scannable certificate of analysis, contain no more than 0.3 percent delta-9 THC, and (for ingestible products where CBD is the main cannabinoid) have at least 15 parts CBD to 1 part THC. Orally consumed products, including food and beverages, are limited to 1 milligram of THC and 100 milligrams of total cannabinoids per serving, and 10 milligrams of THC and 3,000 milligrams of total cannabinoids per package; tinctures to 100 milligrams of THC and 4,000 milligrams of cannabinoids per package. Hemp products may not be sold as cigarettes, cigars or pre-rolls, and packaging may not appeal to people under 21. 9 NYCRR Part 114 (as amended eff. Dec. 13, 2023) |
| North Carolina | Hemp CBD products are legal as hemp products: hemp is cannabis with not more than 0.3 percent delta-9 THC on a dry weight basis, 'hemp products' means all products made from hemp, and marijuana does not include hemp or hemp products. The statutes read set no age limit, license or labeling rule specific to CBD products. G.S. 90-87(13a), (13b), (16); G.S. 90-94(b)(2) |
| North Dakota | Legal. North Dakota's hemp law lists CBD and CBG products (broad spectrum, full spectrum and isolate) as allowed hemp commodities or products, as long as total THC does not exceed the level set by the agriculture commissioner. They must be tested, with total THC reported on a certificate of analysis and the label, and must follow federal labeling rules; hemp-derived products not approved by the FDA may not be sold as dietary supplements, food or beverages, or marketed with medical claims. Products containing delta-8 THC or chemically derived cannabinoids may not be sold. N.D.C.C. 4.1-18.1-01(5); 4.1-18.1-04.4 |
| Ohio | Non-intoxicating hemp products such as CBD remain legal as hemp if they meet the hemp definition in effect since March 20, 2026: total THC (including THCa and similar cannabinoids) no higher than 0.3 percent, no more than 0.4 milligrams of total THC per container for a final product, and no synthetic or lab-synthesized cannabinoids. The Department of Agriculture sets testing, labeling and packaging standards for hemp products and enforces the hemp processing law with the Ohio Investigative Unit. Products that exceed these limits are treated as marijuana. R.C. 928.01(C), (E); R.C. 928.03; R.C. 928.08 |
| Oklahoma | Hemp-derived CBD is legal in Oklahoma. Hemp-derived cannabinoids, including cannabidiol, are an agricultural commodity and not a controlled substance; retail sale of legally grown hemp products needs no license, and hemp derivatives including CBD may be added to cosmetics, personal care products and food or drink for people or animals without a license (food safety laws still apply). Manufactured CBD products (other than FDA-approved drugs) must be labeled with the country of origin of the CBD and whether it is synthetic or natural. 63 O.S. § 1-1431; 2 O.S. § 3-601(B)(7) |
| Oregon | Hemp-derived CBD products are legal in Oregon. Hemp products containing cannabinoids that are intended for people to consume may be sold only if they have been lab-tested (with documentation kept), and they must carry a label listing the product name and type, manufacturer, potency and cannabinoid content, a website for the certificate of analysis, and required health warnings. Products made for consumption by eating must come from a facility licensed by the Department of Agriculture. Age limits apply only to hemp products that count as 'adult use cannabis items' (above the THC limits), which may not be sold to anyone under 21. ORS 571.295, 571.330, 571.339 |
| Rhode Island | Hemp-derived CBD is legal in Rhode Island but regulated by the Cannabis Control Commission. Hemp-derived consumable CBD products (anything meant to be ingested, such as extracts and infused foods) may be sold only to people 21 or older, and distributors and retailers must hold a CBD license from the commission ($500 a year unless they also hold a grower or handler license). Products must meet state food safety rules, and hemp may not contain more than 0.3% delta-9 THC. R.I. Gen. Laws §§ 2-26-3(9)-(13), 2-26-4, 2-26-5(a)-(b), (g) |
| South Carolina | Hemp-derived CBD is legal in South Carolina. State law defines hemp as Cannabis sativa L. with no more than the federally defined delta-9 THC level (0.3% on a dry-weight basis), defines hemp products to include any product with hemp-derived cannabinoids such as CBD (including food for people or animals), and excludes THC in hemp or hemp products from the definition of marijuana. The Hemp Farming Act's licensing rules do not apply to possessing, handling, transporting or selling hemp products and extracts containing CBD. S.C. Code §§ 46-55-10(1), (6), (8), (9), (11), 46-55-30 |
| South Dakota | Hemp-derived CBD products are legal in South Dakota if they qualify as industrial hemp products: finished products made from hemp with no more than 0.3% total delta-9 THC, and not containing chemically derived cannabinoids. THC that occurs in industrial hemp is excluded from Schedule I. Converting CBD into delta-8 or other THC isomers, or selling hemp products containing chemically derived cannabinoids, is a Class 2 misdemeanor. The definition of chemically derived cannabinoids does not include non-psychoactive cannabinoids or cannabinoids in a topical cream. SDCL 38-35-1(3), (5), (7), 34-20B-14(20), 34-20B-118 |
| Tennessee | Hemp CBD products in Tennessee fall under the Alcoholic Beverage Commission's hemp rules (Public Chapter 526, effective January 1, 2026). CBD products with non-detectable THC (for example THC-free or non-detect distillate products) are legal and need no TABC license. CBD products with a detectable amount of THC up to 0.3% total THC (counting THCA) are 'hemp-derived cannabinoid products' that may be sold only by TABC-licensed retailers in person, with a QR code linking to a certificate of analysis on each product; this includes topical products absorbed through the skin, such as lotions, balms and patches. Products over 0.3% total THC, or containing THCp or synthetic cannabinoids, are illegal. Tennessee Alcoholic Beverage Commission, Frequently Asked Questions - Hemp FAQs, Q9, Q10, Q24 (citing Public Chapter 526 (2025)) |
| Texas | Hemp CBD products (oils, gummies, food and drinks, cosmetics) are legal in Texas as 'consumable hemp products' if they contain no more than 0.3 percent delta-9 THC. Each product must be tested and labeled, including a certification of the THC concentration; makers need a DSHS manufacturer license, and stores selling CBD products must register each location with DSHS. Since October 2, 2025, DSHS rules bar licensed and registered sellers from selling consumable hemp products to anyone under 21. Selling a cannabinoid oil falsely claimed to comply with these rules is a deceptive trade practice. Tex. Health & Safety Code §§ 443.001, 443.151, 443.2025, 443.203, 443.205; 25 Tex. Admin. Code §§ 300.701, 300.702 |
| Utah | Hemp CBD products ('cannabinoid products') may be sold and used in Utah only if they are on the Department of Agriculture and Food's list of registered products (or FDA-approved); an individual may use CBD bought outside the state if it does not violate the controlled substance laws. Products must be tested and labeled, stay within the THC limits (less than 0.3% THC plus THC analogs, 5 mg per serving and 150 mg per package), and marketing must say the product is hemp or CBD and not cannabis or medical cannabis. CBD may not be added to conventional food or beverages, marketed to children or sold as smokable flower; selling an unregistered product carries a fine of up to $5,000. Utah Code §§ 4-41-102(6), 4-41-105(2), 4-41-402, 4-41-403(3) |
| Vermont | Hemp products in Vermont, including products containing hemp-derived cannabinoids such as CBD, are legal if they meet the federal THC limit for hemp. Since June 18, 2026 they are regulated by the Cannabis Control Board: processors must be licensed, and any hemp-derived product containing or reasonably expected to contain more than 0.4 mg of THC must be registered with the Board before sale. The Board may set labeling and testing rules, require disclosure of cannabinoid content, limit hazardous additives, and restrict higher-THC products to people 21 or older; it may issue 'stop sale' orders for noncompliant products. 7 V.S.A. §§ 852(4), 853, 854, 855, 856 |
| Virginia | Hemp CBD products are legal in Virginia if, when sold at retail, they contain no more than 0.3 percent total THC and no more than two milligrams of total THC per package (the earlier alternative allowing more THC if CBD was at least 25 times the THC was dropped effective August 15, 2026). Stores selling edible or smokable hemp products, or any product for eating or inhaling advertised as containing a hemp-derived cannabinoid, need a regulated hemp product retail facility registration ($1,000 a year). Products need ingredient and THC labeling (and child-resistant packaging if they contain THC); topical products must say they are not for human consumption. Va. Code §§ 4.1-600; 3.2-4112; 3.2-4122; 3.2-4123; 3.2-4124 |
| Washington | Hemp CBD products in Washington may be sold outside cannabis stores only if they contain no detectable THC: a 'hemp consumable' is a hemp product meant to be eaten, inhaled or otherwise taken into the body that is not a 'cannabis product', and any such product with a detectable amount of THC is a cannabis product that only licensed cannabis retailers may sell. Hemp itself means plant material with no more than 0.3% delta-9 THC. Licensed cannabis producers and processors may add tested CBD products from unlicensed sources to raise the CBD content of cannabis products, if the additive is not cannabis or a synthetic cannabinoid. RCW 15.140.020(7), (8); 69.50.101(8); 69.50.326 |
| West Virginia | Allowed. West Virginia's hemp law defines hemp to include all derivatives, extracts and cannabinoids of the plant with no more than 0.3 percent THC, and THC found in industrial hemp is not treated as THC for controlled-substance purposes. Products with hemp-derived THC (including delta-9 THC up to 0.3 percent) fall under the permit, label-approval and 21-and-older rules of the Select Plant-Based Derivatives Regulation Act, but that act does not apply to naturally occurring plant-based derivative products that contain no THC. FDA-approved cannabidiol drugs may be sold, distributed and prescribed. W. Va. Code §§ 19-12E-3(a), (g), 19-12E-12(b), (c)(7), 60A-2-201(f) |
| Wisconsin | Allowed when the CBD comes from hemp. Hemp, including its cannabinoids, with no more than 0.3 percent delta-9 THC (or the federal maximum up to 1 percent) may be grown, processed, possessed and sold to the greatest extent federal law allows, and THC contained in hemp is not a controlled substance. A person may also possess a non-hemp cannabidiol product with a physician's certification (issued within the past year) that it treats a medical condition; no certification is needed to possess hemp or an FDA-approved prescription drug. Mislabeling hemp products or knowingly misstating their THC content is prohibited. Wis. Stat. §§ 94.55(1), (2)(a), (2t), (3m), 961.14(4)(t)1., 3., 961.32(2m) |
| Wyoming | Allowed when it qualifies as hemp. Wyoming's controlled substances law does not apply to possessing or using hemp or hemp products for any purpose. Hemp products, including cannabinoid extracts, must contain no synthetic substance and no more than 0.3 percent THC on a dry weight basis, counting delta-9 THC and psychoactive THC analogs and isomers. The possession, purchase, sale, transportation and use of hemp and hemp products is allowed, subject to those limits and the under-18 rule for THC edibles and vapes. W.S. 35-7-1063(a)(i), (b), 11-51-101(a)(iii), 11-51-102(b) |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.