Home ยป CBD Laws by State 2018 – Just the Facts

Everyone wants to know if CBD is legal in their state. This handy fact sheet is meant to provide you with a quick reference you can check for where you live.

  • There are 6 states where CBD is completely illegal because all forms of cannabis are illegal in those states: Idaho, South Dakota, West Virginia, Nebraska, Kansas, and Indiana. For those of you who unfortunately live in these states, using CBD will be at your own risk. While this is not legal advice, law enforcement are not targetting people who use CBD for personal use. The only legal action that’s been taken against CBD so far has been with retailers who sell the products.
  • In all of the 28 states with medical marijuana laws in place, the use of CBD is also protected by those laws. If you live in one of these states, you can use CBD with confidence.

28 + 6 = 34 states. So what about the remaining 16 states? In those 16 state states, there are what’s known as “CBD only” laws.

  • CBD is legal under specific conditions (usually specific medical conditions like intractable epilepsy and with a prescription) in the remaining 16 states: Alabama, Delaware, Florida, Georgia, Iowa, Kentucky, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia, and Wisconsin.
  • If you live in one of these 16 states, you should check for the most current law on CBD with your local government. ProCon.org offers a great place to start. Find your state and work from there.
  • The National Cannabis Industry Association also provides an excellent chart of the United States which is updated frequently.


What about Federal districts, inhabited territories, and Indian reservations?

Since cannabis laws vary so much by location, the best thing to do is check with your local goverment on the laws where you live.

  • Washington D.C.: cannabis is legal. CBD use is protected under the cannabis laws.
  • Puerto Rico and Guam have medical use only. You likely need a doctor’s approval to use CBD. For the U.S. Virgin Islands, check with your local government. For the American Samoa and Northern Mariana Islands, cannabis is illegal.
  • Cannabis use is legal on multiple Indian reservations. Check with the governing body of your specific reservation.







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  • On Wednesday, March 21, 2018, Indiana Governor Eric Holcomb signed into law Senate Bill 52, which legalized CBD oil (having .3 or less THC content) for all. This comes after a turbulent set of months, which kicked off in November 2017 after the State Attorney General issued an opinion that under the applicable law (HEA 1148) CBD oil was only legal for those on the State’s registry.

  • Can you address the changes in WI where the DOJ is determined to ban hemp oil sales and has even halted our newly passed industrial hemp growing leaving farmers scrambling.

    • Hey Pati. The legal situation with CBD remains a challenge but I’m confident things are going to get better. This will take time, as all things of value do, but I do believe the law will change in our favor soon. I appreciate you taking the time to comment on this important topic.