Despite the federal legalization of CBD through the 2018 Farm Bill, a patchwork of state laws has emerged, each asserting crucial distinctions and parameters. Remarkably, this has not deterred CBD’s popularity, with an estimated 64 million Americans exploring its benefits in the last 24 months.

This leads to a crucial question: What do these state regulations involve, and how much do they impact the growing popularity of this non-psychoactive compound? As CBD becomes more widespread, it’s essential to stay informed about its legal status.

In the upcoming sections, we’ll explore the details of CBD, comparing it with hemp and marijuana, pinpointing areas where it’s completely legal, and examining places where its legality is subject to certain conditions. Get ready for a comprehensive overview of the legal landscape surrounding this versatile compound!

What is CBD?

CBD, short for cannabidiol, stands as a non-psychoactive component derived from both the cannabis and hemp plants. Diverging from THC, renowned for its psychoactive effects, CBD introduces a unique dimension to the cannabis conversation. However, its legal standing resides in a gray area, considering that CBD products sourced from the Cannabis Sativa plant.

The Cannabis Sativa plant is home to both hemp and cannabis, and we’ll soon delve into the differences between the two. However, what’s crucial for now is acknowledging the substantial progress in the legal status of CBD, especially in recent years. Let’s take a closer look at the 2018 Farm Bill, a crucial legislative step that firmly established the federal legality of CBD.

The 2018 Farm Bill

With the enactment of the 2018 Farm Bill, a significant milestone was achieved in the realm of CBD legality. This legislation granted federal legalization to CBD products, specifically those derived from hemp or cannabis plants containing less than 0.3% THC.

This legalization covered a wide range of products, including Full-Spectrum and Broad-Spectrum CBD variations. The Farm Bill transformed the landscape from cultivation to production to the sale of industrial hemp, allowing brands like ours to legally offer CBD products at the federal level.

It’s crucial to note, however, that while the federal government acknowledges the legality of CBD products, not all U.S. state laws align with this stance. Staying informed about both state and federal laws is paramount for navigating hemp products with confidence and peace of mind.

Distinguishing Hemp vs. Marijuana: Clearing Misconceptions

Before we dive into the details of each state’s CBD laws in relation to federal regulations, let’s clear up a common misconception about hemp vs. marijuana. Although 60% of Americans may see them as interchangeable, they are, in fact, distinct entities.

Both marijuana and hemp come from the Cannabis Sativa plant, but their THC content is what sets them apart. Hemp products typically have only trace amounts of THC, while marijuana contains higher levels. For a plant to be classified as hemp, it must have less than 0.3% THC; exceeding this threshold categorizes it as marijuana.

Understanding this difference is crucial when navigating the CBD laws of each state, especially when considering regulations related to both medical and recreational marijuana.

States with Total CBD Legalization

The following U.S. states have embraced full CBD legalization, allowing for the possession, use, and sale of CBD products:

  1.     Alaska
  2.     Arizona
  3.     California
  4.     Colorado
  5.     Connecticut
  6.     District of Columbia
  7.     Illinois
  8.     Maine
  9.     Massachusetts
  10. Michigan
  11. Montana
  12. Nevada
  13. New Jersey
  14. New York
  15. South Dakota
  16. Oregon
  17. Vermont
  18. Virginia
  19. Washington

This updated list for 2023 reflects the comprehensive legality of various CBD products. However, it remains crucial to stay informed about state laws when purchasing CBD, ensuring compliance with local regulations.

States with Conditional CBD Legality

Certain U.S. states have established conditional CBD legality, introducing specific nuances based on medicinal use, CBD sourcing, or THC content. Here’s a breakdown of these conditions:

Hemp-Derived CBD Only:

  1.     Florida
  2.     Hawaii
  3.     Kentucky
  4.     Nebraska
  5.     Wyoming

Medical Cannabis License Required:

  1.     Louisiana
  2.     Maryland
  3.     Minnesota
  4.     Mississippi
  5.     New Hampshire
  6.     New Mexico
  7.     North Carolina
  8.     North Dakota
  9.     Ohio
  10. Oklahoma
  11. Utah
  12. West Virginia
  13. Wisconsin

THC Content Exceptions for Medical Marijuana:

  1.     Alabama
  2.     Arkansas
  3.     Delaware
  4.     Georgia
  5.     Iowa
  6.     Missouri
  7.     Pennsylvania
  8.     Rhode Island
  9.     South Carolina
  10. Tennessee
  11. Texas

All Varieties of Hemp-Derived CBD Legal with No Traceable THC:

  1.     Idaho
  2.     Kansas (except for medical CBD oil)
  3.     Indiana (less than 0.3% THC)

Final Word

The landscape of CBD legality is intricate, but a nuanced understanding of where and which types of CBD products are legal can enhance your overall CBD experience.

At Nirvana Organics, we’ve made it our commitment to guide customers toward CBD products that align with federal laws and comply with state regulations. Our CBD products are exclusively crafted from USDA Certified Organic Hemp-Based CBD, recognizing the diverse CBD laws across the U.S.

To guarantee the safety and effectiveness of our CBD offerings, each batch undergoes third-party lab testing. This ensures compliance with the Farm Bill and aligns with CBD laws nationwide.

Enjoy the benefits of CBD with confidence, knowing that Nirvana Organics prioritizes both legality and quality in every product we offer.


  1. Is CBD FDA-Approved?

Contrary to what many people believe, the FDA’s control over CBD products is quite limited. The only CBD-based drug approved by the FDA is Epidiolex, specifically created for patients with epilepsy. In the wider CBD industry, most products do not have FDA approval. Although the FDA has not officially endorsed these products, the World Health Organization reports that CBD is generally well-tolerated, and there’s no evidence linking recreational CBD use to health issues.

  1. Is CBD a Controlled Substance?

CBD, as an individual compound, is not classified under the Controlled Substances Act. However, the legal details get complicated based on where the CBD comes from. Marijuana is considered illegal because it’s in a category of substances seen as very serious (Schedule I). On the flip side, CBD which comes from hemp and has very little of the stuff that makes you high (less than 0.3% THC) is not considered illegal. That’s because hemp doesn’t fall under the same laws as marijuana. So, whether CBD is legal or not depends on where it comes from, but CBD itself is not seen as something illegal.