Is CBD Oil Legal in All 50 States of the USA? The Complete 2025 Guide

CBD oil has surged in popularity recently due to its potential health benefits. However, many people still wonder if it is legal in all 50 states of the United States. The legal status of CBD oil is complex and varies by state. Understanding the legality of CBD oil is crucial for consumers and businesses alike, especially as the legal landscape continues to evolve. In this comprehensive guide, we’ll break down the legal status of CBD oil in each state, based on current regulations as of 2025.

What Is CBD Oil and How Is It Made?

CBD oil is an extract derived from the cannabis sativa plant. Unlike marijuana, which contains THC (tetrahydrocannabinol) and produces a “high,” CBD (cannabidiol) does not have psychoactive effects. It is often used for its purported benefits, such as promoting relaxation, reducing pain, and managing anxiety.

Key Factors That Determine Whether CBD Oil Is Legal

While the federal government has provided a legal framework, state regulations still heavily influence CBD laws. Here are the primary factors that impact CBD oil legality:

1. THC Content:

The most critical factor in determining the legality of CBD oil is its THC content. Under the 2018 Farm Bill, CBD derived from hemp plants containing less than 0.3% THC is federally legal. However, any product with more than 0.3% THC may fall under the Controlled Substances Act, which classifies it as a marijuana product.

2. Source of CBD:

CBD can be derived from both hemp and marijuana. Hemp-derived CBD is typically less regulated and is federally legal as long as it contains less than 0.3% THC. Marijuana-derived CBD, on the other hand, is subject to stricter state laws and typically requires a medical cannabis license.

Federal U.S. Laws and Recent Developments: Why Marijuana Hasn’t Been Federally Legalized Yet

While CBD oil has gained more acceptance across the country, marijuana remains a controlled substance at the federal level. In 2025, the situation is still evolving, but many are asking why marijuana has not yet been legalized federally. A key reason lies in the stance of former President Donald Trump’s administration, particularly through his first Attorney General pick, Jeff Sessions.

Jeff Sessions, who was appointed by President Trump in 2017, was a vocal opponent of marijuana legalization. Sessions rescinded the Cole Memo, guidance that had previously protected states with legal marijuana programs from federal intervention.

 His position created significant uncertainty for the cannabis industry, leading to inconsistent enforcement of marijuana laws across states. While the Biden administration has taken a more lenient stance, marijuana legalization at the federal level has remained elusive due to political and social divides.

As of 2025, efforts to federally legalize marijuana continue, with both advocates and opponents pressing Congress for action. States like California, Oregon, and Illinois have moved forward with legalization, but federal cannabis laws remain a complex and contentious issue.

CBD Oil Legal Status in Each U.S. State (2025)

Here’s a breakdown of the legal status of CBD oil in each of the 50 states as of 2025:

1. Alabama

CBD oil is legal in Alabama, provided it is derived from hemp and contains less than 0.3% THC. Medical marijuana is still prohibited, but CBD products are widely available.

2. Alaska

CBD oil is legal in Alaska. Both hemp-derived and marijuana-derived CBD products are legal, as the state has fully legalized both medical and recreational marijuana.

3. Arizona

Arizona allows hemp-derived CBD products that contain less than 0.3% THC. Medical marijuana is legal in Arizona, and marijuana-derived CBD products are available through the state’s medical marijuana program.

4. Arkansas

In Arkansas, CBD oil derived from hemp and containing less than 0.3% THC is legal. However, marijuana-derived CBD products are illegal unless obtained through the state’s medical marijuana program.

5. California

California has long been a leader in cannabis reform, and CBD oil is fully legal in the state. Both hemp-derived and marijuana-derived CBD products are legal.

6. Colorado

CBD oil is legal in Colorado for both medicinal and recreational use. Both hemp-derived and marijuana-derived CBD products are legal and widely available.

7. Connecticut

In Connecticut, CBD oil derived from hemp is legal if it contains less than 0.3% THC. The state has a robust medical marijuana program, and marijuana-derived CBD is available through that program.

8. Delaware

CBD oil is legal in Delaware, as long as it contains less than 0.3% THC. Marijuana-derived CBD is legal for medical use through the state’s medical marijuana program.

9. Florida

CBD oil derived from hemp and containing less than 0.3% THC is legal in Florida. The state also allows marijuana-derived CBD for medical use through its medical marijuana program.

10. Georgia

Georgia has strict CBD laws, but hemp-derived CBD oil containing less than 0.3% THC is legal. The state has a limited medical marijuana program, and marijuana-derived CBD products are available to registered patients.

11. Hawaii

Hawaii has legalized hemp-derived CBD oil with less than 0.3% THC. Marijuana-derived CBD is also legal for medical use in the state through its medical marijuana program.

12. Idaho

Idaho has some of the strictest CBD laws in the U.S. Only CBD products that are derived from hemp seeds or stalks (with no THC content) are legal. Any CBD products containing even trace amounts of THC are illegal.

13. Illinois

CBD oil is legal in Illinois, and both hemp-derived and marijuana-derived CBD products are widely available. Illinois has fully legalized both medical and recreational marijuana.

14. Indiana

In Indiana, hemp-derived CBD oil with less than 0.3% THC is legal. Marijuana-derived CBD is still illegal unless authorized through the state’s medical marijuana program, which is not yet fully operational.

15. Iowa

Iowa allows CBD oil derived from hemp and containing less than 0.3% THC. Marijuana-derived CBD is restricted to patients in the state’s medical marijuana program.

16. Kansas

Kansas allows the use of CBD oil derived from hemp, provided it contains less than 0.3% THC. Marijuana-derived CBD is illegal in the state.

17. Kentucky

CBD oil is legal in Kentucky, as long as it is derived from hemp and contains less than 0.3% THC. Kentucky has a medical marijuana program in development, but marijuana-derived CBD is not yet available.

18. Louisiana

CBD oil derived from hemp is legal in Louisiana, provided it contains less than 0.3% THC. The state also allows marijuana-derived CBD through its medical marijuana program.

19. Maine

Maine has legalized both hemp-derived and marijuana-derived CBD products. The state has fully embraced cannabis legalization for medical and recreational use.

20. Maryland

CBD oil is legal in Maryland, as long as it is derived from hemp and contains less than 0.3% THC. Marijuana-derived CBD products are available through the state’s medical marijuana program.

21. Massachusetts

Massachusetts has fully legalized CBD oil derived from hemp and marijuana. Both hemp-derived and marijuana-derived CBD products are available for medical and recreational use.

22. Michigan

In Michigan, both hemp-derived and marijuana-derived CBD oil are legal. The state has legalized both medical and recreational marijuana, and CBD products are widely available.

23. Minnesota

CBD oil is legal in Minnesota, as long as it is derived from hemp and contains less than 0.3% THC. Medical marijuana is legal in the state, and marijuana-derived CBD is available through that program.

24. Mississippi

Mississippi allows hemp-derived CBD products containing less than 0.3% THC. Medical marijuana is legal in Mississippi, and marijuana-derived CBD is available to registered patients.

25. Missouri

CBD oil is legal in Missouri, as long as it is derived from hemp and contains less than 0.3% THC. Marijuana-derived CBD is legal for medical use through the state’s medical marijuana program.

26. Montana

Montana allows the sale of hemp-derived CBD oil with less than 0.3% THC. The state also permits marijuana-derived CBD for medical use through its medical marijuana program.

27. Nebraska

Nebraska has legalized hemp-derived CBD oil with less than 0.3% THC. Marijuana-derived CBD is still illegal in the state.

28. Nevada

CBD oil is legal in Nevada, with both hemp-derived and marijuana-derived CBD products available for both medical and recreational use.

29. New Hampshire

New Hampshire has legalized CBD oil derived from hemp, provided it contains less than 0.3% THC. The state also allows marijuana-derived CBD for medical use through its medical marijuana program.

30. New Jersey

In New Jersey, CBD oil is legal, and both hemp-derived and marijuana-derived products are available for medicinal and recreational use. The state has fully legalized marijuana.

31. New Mexico

New Mexico has legalized both hemp-derived and marijuana-derived CBD oil. CBD products are available through the state’s medical marijuana program.

32. New York

CBD oil is legal in New York, and both hemp-derived and marijuana-derived CBD products are widely available, as the state has legalized medical and recreational marijuana.

33. North Carolina

North Carolina allows the use of CBD oil derived from hemp and containing less than 0.3% THC. The state has a medical marijuana program in development, but marijuana-derived CBD products are not yet available.

34. North Dakota

CBD oil is legal in North Dakota, as long as it is derived from hemp and contains less than 0.3% THC. Marijuana-derived CBD is illegal unless authorized by the state’s medical marijuana program.

35. Ohio

Ohio allows hemp-derived CBD oil with less than 0.3% THC. Marijuana-derived CBD products are available to registered patients through the state’s medical marijuana program.

36. Oklahoma

CBD oil derived from hemp and containing less than 0.3% THC is legal in Oklahoma. Medical marijuana is legal, and marijuana-derived CBD is available through the state’s program.

37. Oregon

Oregon has fully legalized both hemp-derived and marijuana-derived CBD oil. The state has legalized both medical and recreational marijuana, and CBD products are widely available.

38. Pennsylvania

In Pennsylvania, CBD oil derived from hemp is legal. The state also allows marijuana-derived CBD for medical use through its medical marijuana program.

39. Rhode Island

Rhode Island allows hemp-derived CBD oil containing less than 0.3% THC. The state has a medical marijuana program, and marijuana-derived CBD is available for registered patients.

40. South Carolina

South Carolina allows hemp-derived CBD oil with less than 0.3% THC. The state has strict regulations regarding marijuana-derived CBD.

41. South Dakota

CBD oil derived from hemp and containing less than 0.3% THC is legal in South Dakota. Marijuana-derived CBD is still illegal.

42. Tennessee

Tennessee allows hemp-derived CBD oil with less than 0.3% THC. Medical marijuana is not legal in Tennessee, and marijuana-derived CBD products are prohibited.

43. Texas

CBD oil derived from hemp and containing less than 0.3% THC is legal in Texas. Medical marijuana is highly restricted, but marijuana-derived CBD is legal for registered patients under limited conditions.

44. Utah

CBD oil derived from hemp is legal in Utah. The state also has a medical marijuana program where marijuana-derived CBD is available to registered patients.

45. Vermont

Vermont has fully legalized CBD oil derived from both hemp and marijuana. The state has legalized both medical and recreational marijuana.

46. Virginia

CBD oil is legal in Virginia, and both hemp-derived and marijuana-derived CBD products are available through the state’s medical marijuana program.

47. Washington

Washington state has fully legalized both hemp-derived and marijuana-derived CBD oil. The state has legalized both medical and recreational marijuana.

48. West Virginia

CBD oil is legal in West Virginia as long as it is derived from hemp and contains less than 0.3% THC. The state also allows marijuana-derived CBD for medical use through its medical marijuana program.

49. Wisconsin

CBD oil derived from hemp and containing less than 0.3% THC is legal in Wisconsin. Medical marijuana is not yet legal, and marijuana-derived CBD remains prohibited.

50. Wyoming

CBD oil is legal in Wyoming, provided it contains less than 0.3% THC and is derived from hemp. Marijuana-derived CBD is illegal unless authorized under the state’s medical marijuana program.

FAQs About CBD Oil Legality in the U.S. (2025)

1. Is CBD oil legal in all 50 states?
No, while CBD oil is federally legal under the 2018 Farm Bill, individual states have their own laws, some of which restrict its use or require a medical cannabis card for access.

2. How does the 2018 Farm Bill affect CBD oil?
The 2018 Farm Bill removed hemp from the list of controlled substances, making hemp-derived CBD oil with less than 0.3% THC federally legal. However, states are free to regulate it as they see fit.

3. Why is marijuana still not federally legalized?
Marijuana is still classified as a controlled substance at the federal level. Despite states like California and Colorado fully legalizing it, former Attorney General Jeff Sessions’ policies contributed to the delay in federal legalization.

4. Can I travel across state lines with CBD oil?
While it is legal to transport hemp-derived CBD oil with less than 0.3% THC, you should always check state-specific laws, as certain states may have different enforcement policies or restrictions.

Conclusion: Is CBD Oil Legal in All 50 States in 2025?

As of 2025, CBD oil is legal in most states, provided it is derived from hemp and contains less than 0.3% THC. However, marijuana-derived CBD remains highly regulated and is only available in states where medical or recreational marijuana has been legalized. As the cannabis landscape continues to evolve, the legal status of CBD oil in certain states may change, so it’s essential to stay updated on your state’s specific regulations.

Cann CBD Research Team

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