CBD Legality

Discover distinctions in legality across all 50 states.

The CBD industry is very unique differing from other industries in terms of legality and regulation. When it comes to answering the question of CBD legality, it isn’t as cut-and-dry as it should be. Since this is a relatively new industry with many controversial potential medicinal and therapeutic breakthroughs, we believe it is important to make CBD readily available to everyone in the United States. In doing so, we don’t want anyone to have to jeopardize breaking any laws in order to get the help they need. In terms of CBD legality, here is an in-depth explanation of different state laws in addition to the federal laws and classifications.

The Main Distinction in Legality: Hemp vs. Marijuana Derived

The first step in determining CBD legality is dependent on where it is sourced from. The Agricultural Act of 2014 is federal legislation that implemented the legalization of hemp farming and cultivation among all states. Hemp, a plant in the cannabis family, is federally legal due to its significantly low levels of THC which are typically less than 0.3%. Hemp is not scheduled or regulated by the DEA, which has led to the legal interpretation that hemp-derived CBD is legal across all 50 states.

Marijuana-derived CBD is not legal in all 50 states– it is only legal within states that have specific recreational and medicinal marijuana legislation. In order to legally purchase marijuana-derived CBD, you have to go to a brick-and-mortar dispensary. If you ever come across a website that claims to sell marijuana-derived CBD, this is illegal and we do not recommend purchasing from this website.

How to Determine Hemp-Derived Labeling and Lab Results

One of the downsides of the CBD industry is the lack of regulations. This puts more of a responsibility on the consumer to determine what products they are purchasing and which brands are trustworthy. When comparing brands and products, make sure the products specifically state “hemp-derived”. Recent consumer reports have shown that some CBD products that claim to have less than 0.3% THC, which is the legal amount any CBD product is allowed to have, actually have more THC content when tested. This definitely poses some risks and issues with legality. While the fault should lie with the company, we recommend purchasing CBD products only from companies that disclose their lab results regularly.

The lab results disclosed should always be from a third-party, independent laboratory. The lab results will state the specific amounts of each cannabinoid found within the product. The THC amount should always be less than 0.3% in order to remain legal in all 50 states. If you ever have questions regarding how to read a company-provided lab report, please contact us. We’re happy to help you through this process.

Where to Purchase Marijuana-Derived CBD

While marijuana-derived CBD does have mind-altering effects, studies have shown more potential beneficial health benefits for certain conditions. If you’ve completed research on your own chronic condition and believe that marijuana-derived CBD could be more advantageous, here are the states you can legally purchase and use these products in:


These nine states have both legal recreational and medicinal marijuana. You do not have to have a medical license or prescription to purchase marijuana-derived CBD. While it is legal to purchase and use marijuana-derived CBD in these states, please be mindful that traveling outside of these states with these products is illegal.

If you live in the following 22 states where medical marijuana is legal, you’ll need a prescription and/or medical license in order to legally purchase marijuana-derived CBD:

New Hampshire
New Jersey
New Mexico
New York
North Dakota
Rhode Island
West Virginia

The following 15 states are a little more tricky when it comes to purchasing marijuana-derived CBD. They have differing limited-access laws that state restrictions on THC levels. If you are trying to purchase marijuana-derived CBD in these states, please check with your local state’s specific THC restrictions to make sure you are purchasing a legal CBD product:

North Carolina
South Carolina

There are four states that marijuana, both recreational and medical, remains illegal in. If you reside in any of these four states, you cannot purchase marijuana-derived CBD. We recommend only purchasing hemp-derived CBD to stay within your state’s laws.

South Dakota

Hemp-Derived CBD Legality

Hemp-derived CBD is legal across all 50 states. It is important to know your individual state laws in addition to federal laws. The legal federal limit of THC is 0.3%. We always recommend being mindful when traveling with CBD. If you are traveling outside of the country, it is pertinent to research the legality of CBD in that specific country. If there is no legislature regarding CBD yet, we recommend not bringing your CBD products since they may be misconstrued as marijuana derivatives. Always air on the side of caution and speak with your healthcare professional prior to use.

For more information regarding CBD legality, please contact us!

Refund Policy

For best results, we recommend trying CBD for 2 weeks to feel maximum benefits, but if you are unsatisfied with this product in any way we'll give you your money back. Guaranteed! You may request a refund within 15 days of items receipt.

All of our products are completely THC-free and are legal in all 50 states.