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CBD Regulations in the USA Per State: What You Need To Know

Regulations on CBD

In the past, laws around the purchase and consumption of CBD have been a little cloudy, with each state often having very different rules from one another. 

To make things a little easier, the government passed the Agriculture Improvement Act in 2018, which is a federal law known as “the farm act.” In it, there is a provision that states CBD oil derived from industrial hemp plants, with a THC level of less than 0.3% are legal at a federal level. This opened the door for many hemp-derived CBD producers to create and sell helpful CBD products across the country. 

As state and federal laws are different and not all CBD products are the same, each person must follow the regulations in their state and be mindful of which plant their CBD is derived from.

CBD State Regulations

For many states, regulations differ for CBD products derived from hemp and those derived from cannabis. Many still outlaw CBD derived from cannabis and those with a higher THC content than 0.3%. At Sweet Sensi, our hemp-derived CBD oil is pressed from our homegrown hemp farm to ensure complete transparency and the highest quality CBD for our customers. 

Below, we explore all the best parts of all 50 of our United States and their regulations around CBD.


Alabama

A hub of southern agriculture, culture, and hosting a rich gulf coast hospitality industry, Alabama permits the sale of hemp derived CBD oil with less than 0.3% THC. Cannabis derived CBD is still illegal in the state. 

Alaska

Known for its scenic beauty, hardworking fishing industries, and crazy daylight schedule, Alaska is the largest state in the United States by land mass. CBD products are fully legal in the most Northerly state, which also made recreational marijuana legal in 2015.


Arizona

Home to the grand canyon and scattered with glorious red mountain views, Arizona is a rich, historic, and diverse state. It maintains a thriving Native American community of 27 recognized tribes including the Navajo nation. CBD Products derived from hemp are fully legal in the state of Arizona.

Arkansas

With luxurious hot springs, lofty mountains, and the only active diamond mine in the country, Arkansas is a varied and scenic gem nestled in America’s heartland. CBD oil and other products are legal in Arkansas when they are derived from hemp and less than 0.3% THC.

California

The most populous state with over 38 million residents, people flock to this state for the perfect weather, idyllic beaches, and soaring tech industry. California has led the way with hemp and cannabis regulations for decades. CBD products, along with recreational marijuana, are fully legal in California. 

Colorado

Home to the southern rocky mountains and some of the world’s best ski resorts, the entire state is at an elevation of over 1000 ft. As Colorado legalized the recreational use of cannabis, CBD products are legal in the state. 

Connecticut

With postcard worthy fall foliage and the home of prestigious Yale University, Connecticut has a long history in the cultural founding of modern America. CBD products are fully legal in the state of Connecticut.

Delaware

Known as the first state in the country, Delaware was the first of the original 13 states to ratify the US constitution. Hemp derived CBD with less than 0.3% THC is legal in Delaware. 

District of Columbia

The capital of the nation, but still not quite a state. Home to the president, senate, and congress, the District of Columbia is where all the government action is. CBD is fully legal and available to purchase in DC.

Florida

The sunshine state is home to lush beaches, miles of orange groves, and the occasional hurricane. Florida is where humans, tropical wildlife, and extreme weather coexist. CBD derived from hemp that contains less than 0.3% THC is legal in the sunshine state. 

Georgia

Mouthwatering peaches, rich pecans, and old southern hospitality are just a few of the delights to experience in Georgia. A diverse state, Georgia offers everything from vidalia onions and coca cola to beach towns and one of the largest travel hubs. CBD oil derived from hemp plants is legal in the state of Georgia. 

Hawaii

Made up of 137 volcanic islands and rich in culture, history, and natural wonders, Hawaii was originally settled by Polynesian people over 1000 years ago. With miles of sandy beaches and a world class surf scene, Hawaii is both a powerhouse of activity and a serene pacific getaway. Hemp derived CBD is fully legal in Hawaii, with cannabis derived varieties restricted to residents with a medical cannabis license. 

Idaho

Famous for much more than just its potatoes, Idaho is also much loved for its gems, with almost all known gemstones being found at some point in the state. These gem filled rocks create beautiful scenery and hiking trails, attracting people from all over the country. CBD oil derived from industrial hemp and containing no THC at all is legal in Idaho. Products containing 0.3% THC are considered in Idaho to be marijuana products and are currently illegal. 

Illinois

Home to the diverse city of Chicago and a stretch of Route 66, Illinois is known as the “Land Of The Presidents”, with 8 of the country’s presidents coming from the state. CBD oil and other products are legal in the state of Illinois.

Indiana

Known for giving the world the Indy 500 and family run farms that feed American’s everyday, Indiana works hard and loves its machines. Hemp derived CBD varieties that contain less than 0.3% THC are legal in Indiana in line with Federal regulations. 

Iowa

Birthplace of the inventor of sliced bread, Otto Rohwedder, in 1880, Iowa is most well known for its farming communities. Filling America’s pantries for generations with home grown crops like corn, wheat, and soy. CBD derived from hemp and containing less than 0.3% THC is legal in the state of Iowa. 

Kansas

Known as the sunflower state for its fields of this native and beautiful plant, Kansas has a rich history of cattle ranching, but is often known as a major stop along “tornado alley”. In Kansas, CBD remains legal where it is hemp derived and contains 0% THC.  

Kentucky

Bringing us the Kentucky Derby, classic bourbon, and a historic automotive industry, the state of Kentucky allows for legal hemp derived CBD oil. 

Louisiana

With cajun culture, mardi gras, and delicious delicacies like beignets and gumbo thrown into the mix, Louisiana brings amazing things to American life. Hemp derived CBD products are legal to purchase and use in Louisiana. 

Maine

Delicious lobsters, fall foliage, and scenes from a postcard, Maine brings people from across the country to sample its laid back atmosphere and witness its maritime industry. CBD products are fully legal in the state of Maine, which legalized the use of cannabis in the state. 

Maryland

Lovers of seafood flock to the blue crab state of Maryland each year. With a thriving industry and rich American history including the birthplace of the national anthem, this state has a little of everything. CBD derived from either hemp or cannabis is now legal in Maryland, although age restrictions of 21 years and older apply in most places to purchase. 

Massachusetts

Much more than just the site of the historic Boston Tea Party, Massachusetts is home to the beautiful Cape Cod, incredible fall foliage, and is the country’s leading cranberry producer. CBD is fully legal in the state of Massachusetts for people 21 years and older. For adults aged 18-20, CBD can be purchased with a medical marijuana license. 

Michigan

Home to Detroit, the “motor city”, with its vital contribution to American industry, Michigan also features more freshwater shore than any other state, with miles of lakeside views to enjoy. CBD is fully legal in the state of Michigan, with cannabis legalized in 2018. 

Minnesota

The start of the famous Mississippi river, this sports loving, often icy state has a rich Native American culture that remains today. In Minnesota, CBD that is derived from hemp and less than 0.3% THC, is legal. 

Mississippi

The deep South home of Mississippi mud pies, fried catfish dishes and the birthplace of Oprah and Elvis, this historic southern state features gulf coast beaches and warm hospitality. Hemp sourced CBD oil is legal to buy in Mississippi when it contains less than 0.3% THC in line with Federal regulations. 

Missouri

Home to historic jazz and blues music scenes, this state prides itself on its BBQ prowess. With acres of natural forestry and a part of the Oregon Trail, this historic state is a lively part of the midwest. CBD can be purchased in Missouri when it is hemp derived and under 0.3% THC. 

Montana

Beautiful mountain ranges, classic cattle ranching, and Yellowstone national park are only a few gems in this expansive and outdoorsy state. CBD products are fully legal to buy in the state of Montana.

Nebraska

Home to the city of Omaha and the birthplace of many delicious steak dinners across America, this beef producing and farm filled state works tirelessly to feed the country with classic midwestern friendliness and humor. CBD oil derived only from hemp that is 0.3% or less THC is legal in Nebraska. 

Nevada

Home to Las Vegas and part of the famous Mojave desert, Nevada attracts people from around the world. Cannabis became legal in this popular vacation spot in 2017, making CBD products fully legal in Nevada.

New Hampshire

An active mining community filled with beautiful granite quarries, New Hampshire is an eclectic state, with beaches, mountains, New England foliage, and undisturbed forests. CBD that is hemp sourced and contains less than 0.3% THC is legal is New Hampshire in line with federal regulations. 

New Jersey

Known as “The Garden State”, New Jersey is a gardeners paradise, home to many plant wonders. Along with its famous boardwalk, casinos, and taffy stands, this tourist favorite attracts people from all over the country each year. With new recreational cannabis laws taking effect, CBD products remain fully legal in the state of New Jersey.

New Mexico

Sporting incredible rock formations, unique caverns, and incredible Mexican style food, New Mexico is a sensory delight. Not becoming a state until 1912, New Mexico has become a hub of science and aerospace activity. Hemp derived CBD is legal to buy in New Mexico when it contains less than 0.3% THC. 

New York

“The Big Apple” is the city that never sleeps, but the state of New York also features tranquil forests, waterfall laden countryside, and a rich history of industry. CBD is fully legal in New York, which legalized marijuana in 2021.

North Carolina

Famous for its aerospace history and home to the smoky mountains, the friendly communities and opportunities for weekends spent in cozy log cabins have people flocking to North Carolina. CBD derived from hemp and not above a THC level of 0.3% is legal in North Carolina. 

North Dakota

Home to the beautiful and scenic badlands and the expansive Theodore Roosevelt National Park, North Dakota has a long and rich history of Native American culture and agricultural prowess. CBD is legal and available in North Dakota. 

Ohio

Known as “The Buckeye State”, Ohio has a rich mining and industrial history. It produces goods, fuel, and over 5 million tonnes of salt each year. CBD derived from hemp oil under 0.3% THC can be purchased in the state of Ohio. 

Oklahoma

An agricultural powerhouse and home to the first girl scout cookies ever sold, Oklahoma is a rich part of America’s heartland. CBD can be purchased in Oklahoma that is hemp derived and lower than 0.3% THC content. 

Oregon

With forests, mountains, and trails seemingly everywhere, Oregon is a paradise for outdoor lovers. Its relatively mild climate and state parks for whale watching bring tourists here year after year. CBD is fully legal in Oregon, which passed laws legalizing cannabis. 

Pennsylvania

Home to the declaration of independence and the cheesesteak, the state hosts Philadelphia as the city of brotherly love and traditional, rural farming communities. Home to Benjamin Franklin and many American inventions, this state loves its history and local culture. CBD is legal in Pennsylvania when it is derived from hemp. 

Rhode Island

Packed with tranquil coastal towns and home to Brown University, Rhode Island attracts sailing enthusiasts and ivy league scholars from across the country. CBD derived from the hemp plant is legal and available in the state of Rhode Island.

South Carolina

A Southern haven for beach and golf enthusiasts, South Carolina has a rich and significant history, once seceding from the union for a time. Hemp derived CBD with less than 0.3% THC content is legal in South Carolina. 

South Dakota

Part of the great plains containing much of America’s vital farmland and agricultural industry, South Dakota is home to a rich Native American history and culture. In South Dakota, hemp derived CBD oil and other products are legal, although cannabis derived CBD oil is still illegal in the state. 

Tennessee

The home of country music, the great smoky mountains, and delicious moon pies, Tennessee has made a huge impact on the culture of America. CBD that is derived from the hemp plant and contains less than 0.3% THC is legal to buy in Tennessee.

Texas

Home to cowboy culture, tex-mex cuisine, and the never to be forgotten Alamo, the State of Texas is rich in history, culture, and diversity. CBD products that comply with state laws are legal to buy in the state of Texas. CBD must be hemp derived and contain less than 0.3% THC.

Utah

Filled with national parks, incredible ski resorts, and home to the Great Salt Lake, Utah is also home to deserts and salt flats that attract visitors each year. Approved types of CBD oil containing less than 0.3% THC is legal to buy in the state of Utah. 

Vermont

Maple syrup, beautiful fall foliage, and plentiful apple orchards are just a few things that attract people to this New England state. In Vermont, CBD is fully legal as the state passed laws legalizing adult use of cannabis. 

Virginia

Home to the first permanent English settlement in the US, Virginia is often called “The Birthplace of a Nation”. A hub of farming, manufacturing, and heavy industry, Virginia is also home to the Pentagon and many vital military posts in the country. CBD is currently fully legal in the state of Virginia.

Washington

Known as “The Evergreen State”, Washington is a playground for outdoor enthusiasts. With a range of mountains, a coastline home to whales, rich forests, and a busy wine industry, Washington is a haven for people who like to stay busy. One of the trail blazing states for cannabis and CBD use, CBD is fully legal in Washington State. 

West Virginia

With a rich history of supplying the country from its coal mining towns, apple orchards, and beautiful rolling hills to visit, West Virginia is a quiet and welcoming spot teeming with old hospitality. Hemp derived CBD products containing no more than 0.3% THC are legal in West Virginia. 

Wisconsin

Known as “The Dairy State” for its production of milk and cheeses, Wisconsin is home to over 15000 lakes that residents and visitors enjoy year round. Hemp derived CBD products are legal to buy in the state of Wisconsin. 

Wyoming

Known for its cowboys, ranches, and beautiful mountain views, Wyoming was the first state in the country to allow women to vote in 1869. CBD oil and products containing less than 0.3% THC are currently legal in the state of Wyoming, although attempts to reverse this law are underway. 

How is CBD regulated in Austin, Texas?

Hemp derived CBD containing less than 0.3% THC is legal to purchase in the state of Texas, in line with federal regulations. 

What is the difference between CBD Oil vs CBD Tincture?

Although they come in similar looking bottles and both contain CBD, oils and tinctures are very different. CBD oil is a base of carrier oil that is infused with CBD for therapeutic effects. In a tincture, CBD is added to an alcohol base and is placed directly under the tongue. Tinctures should not be applied to the skin. 

Sweet Sensi tinctures are not alcohol based so the statement above isn’t accurate for all tinctures. Our tinctures use MCT Oil and our Rosin CBD extract along with added all natural flavoring and other beneficial herbs.

What is the difference between CBD and THC?

CBD contains no psychoactive properties and does not create any kind of a “high” feeling. 

THC is a chemical in the cannabis plant that contains psychoactive properties. In many states, cannabis containing THC is legal for medical or recreational purposes, but it differs greatly from CBD products derived from hemp. 

About The Author

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Sweet Sensi is setting the standard for artisanal CBD products. We grow top-quality hemp, extract CBD naturally in small batches, and make our products by hand. We believe that the quality of the whole product matters, so we exclusively use organic ingredients.

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