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Is CBD Legal in all 50 states

CBD is a well-known term in the medical industry. This is due to the 2018 Farm Bill that made hemp legal everywhere in the U.S. As a result of this, hemp-derived cannabidiol also become legal in the U.S. However, still, when it comes to cannabidiol, the legality may be quite confusing for all. As a result, a question may arise on everyone’s mind – Is CBD legal in all 50 states?

Considering this, here in this blog, we’re showcasing what we got to know about the legality of CBD all over the U.S.

Marijuana-derived CBD vs. Hemp-derived CBD

Marijuana-Extracted CBDHemp-Extracted CBD
1. It contains a high concentration of THC.1. It contains less than 0.3% THC content.
2. Federally illegal2. Federally legal.
3. Intoxicating3. Non-intoxicating
4. Easily accessible4. Available only in authorized recreational or medical marijuana dispensaries

Next, let’s move on to the Farm Bill of 2018. This can give you a clear idea regarding the cultivation of hemp and the usage of hemp products.

Farm Bill or Agricultural Act of 2018

As per the Farm Bill of the year 2018, hemp cultivation, production, possession, and consumption are legal federally. This condition applies to hemp derivatives as well.

Though this is the fact, when it comes to hemp-extracted CBD, the law may vary for some states. This is for the reason that cannabidiol can come from marijuana as well. It means, despite the federal law, state law can put a ban on cannabidiol and derivatives if needed.

Now, after reading till here, you may want to know – is CBD legal in your state or not?

Right? If yes, then read our next subtopic. It includes the legitimacy of cannabidiol in every U.S. state.

List of State Where CBD is Illegal

Idaho, South Dakota, and Nebraska are the three states where cannabidiol is technically illegal.

Let’s have a detailed look into these three states.


In all the 50 U.S. states, South Dakota is one that have the strictest cannabidiol laws. Though the hemp and hemp-sourced products are federally legal, it remains illegal in South Dakota.

In March 2019, the South Dakota clarified their law of cannabidiol in a press release. They stated that “Under the law of South Dakota, industrial hemp and all forms of CBD are illegal.”

  1. IDAHO

While discussing cannabidiol laws, Idaho tends to be a complicated state.

As per the state law of Idaho, CBD coming from five identified parts of the cannabis plant is legal. Along with this, it must be free from the strains of THC.

The five identified cannabis plant parts are:

  1. Fiber coming from the stalks
  2. Mature stalks
  3. Cake or oil made using the achene or seeds of the cannabis plant
  4. Sterilized seeds of the cannabis plant
  5. The compound, derivative of salt, and the mixture of mature stalks

Though this is the condition in Idaho, children who have intractable epilepsy can use Epidiolex (a CBD-based drug). It’s because this drug is FDA approved.


In Nebraska, cannabidiol is technically illegal. Though in Nebraska, cannabidiol doesn’t come under the controlled substance, CBD oil is still illegal as per the state law.

Final Words

As of now, hemp-cannabidiol is federally legal. However, the law varies for some states.

We hope that from this article, you may got a clear idea regarding the legality of CBD in all the 50 U.S. states.

If you need any further clarification regarding this blog, reach us.


** The statements given in this are not from any medical expert. These are strictly based on our researches. The product is not for diagnosing, curing, treating, or preventing any health ailments. Before ingesting it, consulting a doctor would be an excellent decision. **

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