Are CBD Gummies Legal: A State by State Guide

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"States Where Marijuana is Fully Legal for Recreational and Medical Use, Thus Both Hemp-Derived and Marijuana-Derived CBD are Legal."
Are CBD Gummies Legal: A State by State Guide

The FDA took CBD and all hemp-derived products off the controlled substances list with the passage of the Farm Bill in 2018, which transferred regulation to the Food, Drug, and Cosmetics division.

Your parents and grandparents are ordering CBD gummies for their arthritis. Women of all ages are putting in orders for CBD gummies—enough for about a month’s worth of doses—to treat menstrual cramps and symptoms related to endometriosis.

With all the hype surrounding CBD gummies 1000mg, it is hard to believe that they are technically still federally illegal.

The official stance of the FD&C is that though hemp products are legal, CBD is not intended as a supplement, a food, or a curative. This means that any CBD intended for human or animal internal consumption is off-limits.

To CBD or Not to CBD?

The FDA has stated they will focus on enforcement for brands that explicitly claim their products can cure major illnesses.

While it may seem like the FDA is just holding tight to their cards so Big Pharma can do the research necessary to make CBD into a prohibitively expensive drug (Epidiolex, a CBD-based drug for certain kinds of epilepsy costs $32,500 a year), they insist their prohibition is to protect the American consumer while they investigate CBD’s safety and effectiveness.

The ambiguity surrounding the legality of certain CBD products doesn’t get any better. Just like with marijuana laws, states can elect to adopt the federal government’s stance or not. Some states have made all CBD products legal, some have put restrictions on it, and a few lone conservative states still ban CBD completely.

Ambiguous Laws Put Large Groups of People at Risk

In states where all cannabis is fully legal, medically and recreationally, there is really no worry about CBD gummies 1000mg. The laws are pretty clear and as long as you are within the legal age, you have nothing to worry about.

The problems come in states where there are still restrictions on any products related to cannabis or hemp, and these problems are threefold:

  1. It is difficult to know if the amount of THC in your CBD products is within the legal limit or not. Sometimes even the packaging is wrong and it is up to the authorities to decide whether or not to let that slide.
  2. When it is up to authorities to decide about the benefit of the doubt or questionable legality, the color of your skin, your accent, and your cultural presentation are sometimes more of a factor in the final decision than your intention or knowledge.
  3. Authorities are often not up-to-date or educated about the burgeoning variety of CBD products on the market today, or the quickly-changing laws. We’ll let you do the math

Almost every state in the US is pretty relaxed about CBD at this point, but it is a good idea to fully understand the laws in each state. Especially if they are ambiguous and/or your racial or ethnic identity does not match the majority in your locality.

To help you out, the next section will have a breakdown of CBD laws, state-by-state. This list includes gummy brands that contain absolutely no THC, and brands that contain up to 0.3% THC.


CBD Laws State-By-State

States Where Marijuana is Fully Legal for Recreational and Medical Use, Thus Both Hemp-Derived and Marijuana-Derived CBD are Legal.

  • Alaska
  • California
  • Colorado
  • Maine
  • Massachusetts
  • Michigan
  • Oregon
  • Vermont
  • Washington
  • Washington DC

States Where Only Hemp-Derived CBD is Legal This Means That the CBD Must Contain No More Than 0.3% THC

  • Arizona
  • Arkansas
  • Connecticut
  • Delaware
  • Florida
  • Hawaii
  • Illinois
  • Louisiana
  • Maryland
  • Minnesota
  • Missouri
  • Montana
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • North Dakota
  • Ohio
  • Oklahoma
  • Pennsylvania
  • Rhode Island
  • Utah
  • West Virginia

States Where Things Get Fuzzy

  • Alabama – Must have epilepsy and be part of a state-run research program.
  • Georgia – State-approved prescription only.
  • Iowa – Written certification from a doctor stating the patient has approved medical condition.
  • Kansas – Must contain NO traces of THC without doctor supervision, can have up to 5% THC with supervision.
  • Kentucky – State-approved prescription only.
  • Mississippi – State-approved prescription only.
  • North Carolina – CBD must be hemp-derived and contain no more than 0.3% THC. Must not be edible.
  • Oklahoma – CBD must be hemp-derived and contain no more than 0.3% THC. Some higher THC CBD may be permissible with a state-approved prescription.
  • South Carolina – Written prescription and certification that the patient has specific types of epilepsy. Certain restrictions on the percentage of CBD and THC also apply.
  • Tennessee – Must have a prescription for oil containing no greater than 0.9% THC, and certification that oil was obtained outside the state.
  • Virginia – Laws here are anybody’s guess. A prescription may or may not be required depending on the amount of THC contained in CBD.
  • Wisconsin – Also in question. CBD is technically illegal but the governor has asked law enforcement not to enforce laws for CBD as long as it has 0.3% or less THC. Good luck with this one.

States Where Laws Are Stuck in 2017 Meaning CBD Is Completely Illegal

  • Idaho
  • Nebraska
  • South Dakota

Further about Cannabis Law:

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VAPEBIZ’s news editor, keep up-to-date with daily news policies regarding Cannabis and Vape. Share some basic knowledge of cannabis, mainly focusing on the daily use of CBD products.

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