What State Laws Actually Allow

CBD is often described as federally legal, but that description does not fully reflect how CBD is regulated across the United States. While hemp-derived CBD is permitted under federal law when it meets specific requirements, state laws ultimately determine how CBD products can be sold, distributed, and regulated within state borders.

As a result, CBD is not regulated uniformly in all 50 states.

What Federal Law Says About CBD

Under the 2018 Farm Bill, hemp is defined as cannabis containing no more than 0.3% delta-9 THC on a dry-weight basis. Hemp and hemp-derived compounds, including CBD, were removed from the federal Controlled Substances Act.

This means that hemp-derived CBD that meets federal THC limits is lawful at the federal level. However, the Farm Bill also allows states to regulate hemp and hemp-derived products more strictly than federal law.

Why CBD Laws Vary by State

Even though hemp-derived CBD is federally permitted, states retain authority over how hemp products are regulated within their jurisdictions. This has created a patchwork of laws that can differ significantly from one state to another.

State-level differences commonly involve:

1. Product Type Restrictions

Some states place restrictions on certain types of CBD products, such as:

• Ingestible CBD products

• Smokable or inhalable hemp products

• CBD added to food or beverages

Although federal law permits hemp-derived CBD, state laws ultimately control how CBD products are regulated and sold within each state. Understanding these differences is essential for making informed decisions in a rapidly evolving regulatory landscape.

These restrictions can apply even when the underlying hemp meets federal THC requirements.

2. THC Standards and Testing Rules

Federal law defines hemp based on delta-9 THC levels, but some states apply additional or alternative standards. These may include:

• “Total THC” calculations

• Limits on specific THC isomers

• Different testing or compliance requirements for certain product categories

Because of these differences, a product that appears federally compliant may still be restricted under a state’s rules.

3. Licensing and Retail Requirements

Many states require businesses selling CBD to:

• Register or obtain licenses

• Follow state-specific labeling and testing standards

• Comply with local distribution or sales rules

Failure to meet these requirements can make CBD sales unlawful within that state, regardless of federal hemp legality.

4. Enforcement and Interpretation

CBD laws may be enforced differently depending on the state or locality. Some states provide clear guidance, while others leave interpretation to regulatory agencies or local authorities, which can create uncertainty for consumers and businesses.

Traveling With CBD

Because CBD laws vary by state, traveling with CBD can carry legal risk, particularly when entering states with stricter hemp regulations. Consumers should be aware of destination-state rules and ensure products meet applicable requirements.

The FDA’s Role

The U.S. Food and Drug Administration (FDA) continue to regulate CBD under federal food and drug laws. While hemp itself is legal, the FDA has not approved CBD for use in dietary supplements or conventional foods under existing regulatory frameworks. This adds another layer of complexity to CBD regulation at both the federal and state levels.

Key Takeaways

• Hemp-derived CBD is federally lawful when produced from hemp containing no more than 0.3% delta-9 THC

• States may regulate CBD more strictly than federal law

• CBD rules are not uniform across all 50 states

• Product type, THC standards, and licensing requirements vary by location

• Consumers should review state-specific laws before purchasing or traveling with CBD