Cannabidiol or CBD is one of the fastest-growing relief products for a variety of ailments, like anxiety and pain.
A lot of people wonder, though, where is CBD legal?
It comes from the cannabis plant, which has been illegal in the United States for a very long time.
In 2018, CBD was legalized federally. However, this does not mean that there are no restrictions regarding its use at the state level.
States still have a say in whether or not the substance is legal and how its production, distribution, and consumption are controlled. This has brought about quite a few questions like:
- Is CBD Oil legal near me?
- Where can I buy CBD oil?
- Can I travel with CBD?
Let’s take a closer look at the legality of CBD in the various states of America to answer these questions.
CBD vs. Medical Marijuana
Are CBD and medical marijuana the same thing?
Well, no, CBD and medical marijuana are both forms of cannabis, but they have different chemical compounds.
As the name indicates, medical marijuana is used for medical purposes. It is extracted from dried leaves and flowers. You can smoke it through pens and bongs or eat it via edibles.
Whereas medical marijuana contains a high concentration of THC, which is responsible for the high you feel after taking cannabis. In addition, THC can help reduce nausea and chronic pain.


CBD, short for cannabidiol, is also extracted from cannabis plants. CBD is different from THC and also interacts with different receptors in your body.
CBD oil and other CBD products usually have to have 0-0.3% THC per volume.
So, can CBD get you high?
The answer to this is, no, CBD does not get you high, but it does interact with your endocannabinoid system to help you with other ailments. As mentioned earlier, THC is the compound that makes you high. As CBD has low concentrations of THC, you can’t get high by taking CBD.
You may be wondering, “where can I buy CBD oil, and is it legal?”
Well, let’s head to the next section to find out.
Where Is It Illegal
States have a say in whether or not something is legal or not.
As of today, only three states have CBD listed as illegal in every form. So, if you live in any of these states, you won’t see any store advertising CBD for sale.
These states are:
- Idaho
- Iowa
- South Dakota
Now, you may be wondering why CBD is illegal here?
Well, in Idaho, any substance with any amount of THC is still considered a controlled substance.
For Iowa, they say it is still illegal in all forms because the FDA does not approve CBD.
While, in South Dakota, it gets interesting because all forms that the FDA does not approve are considered illegal. However, this excludes the seizure medication, Epidiolex, but also South Dakota states that CBD could cause addiction.
So, there’s a little ambiguity surrounding the use of medical marijuana in South Dakota.
Where Does CBD Have Restrictions?
What about the other states and the cannabis laws?
Well, the cannabis laws vary depending on the state. Some have more restrictions than others.


So, if you’re wondering, “Is CBD oil legal near me?” we suggest checking out the table below. It summarizes the restrictions in each state.
S.no | State | Restriction |
1. | Alaska | No infused food or beverage |
2. | Arizona | No food or beverage |
3. | Arkansas | No food or beverage |
4. | California | No food or beverage |
5. | Colorado | No baked goods |
6. | Connecticut | Food and beverage must be registered |
7. | Delaware | Hemp grower must be an affiliate with Delaware state university |
8. | Florida | Labeling is regulate |
9. | Georgia | No food or beverage |
10. | Indiana | Labeling is regulated |
11. | Kansas | No food or beverage |
12. | Kentucky | No CBD tea |
13. | Louisiana | Many product restrictions |
14. | Maine | Ok, only if CBD is extracted by a licensed Maine hemp grower |
15. | Maryland | Restrictions are unclear |
16. | Massachusetts | CBD food and beverage needs to be purity tested |
17. | Michigan | No food or beverage |
18. | Minnesota | No food or beverage |
19. | Mississippi | Must be 20:1 CBD: THC ratio |
20. | Missouri | Must be 18+ |
21. | Montana | No food or beverage |
22. | Nebraska | No food or beverage |
23. | Nevada | No food or beverage/ CBD sales only in cannabis stores |
24. | New Hampshire | Regulations coming |
25. | New York | No food or beverage and purity testing required |
26. | North Carolina | No food or beverage |
27. | Oregon | Label regulations coming |
28. | Pennsylvania | No food or beverage/label regulations coming |
29. | Rhode Island | Label guidelines coming |
30. | South Carolina | No food or beverage |
21. | Texas | Label guidelines coming |
32. | Utah | Registration required for sales |
33. | Vermont | It can’t be combined with meat or dairy, and maple syrup has its own rules |
34. | Washington | No food or beverage |
35. | West Virginia | No food or beverage |
36. | Wisconsin | No food or beverage |
Where can I buy CBD oil?
Your confusion about the legality of cannabis in your state should be clear after going through the table above. You can buy CBD oil in any of the states mentioned above as long as you adhere to the restrictions.
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States With No Restrictions
Are there any states that have restrictions on the use of marijuana?
Yes, there are many states where CBD is completely legal with no restrictions in place.
These are:
- Alabama
- Hawaii
- Illinois
- New Mexico
- New Jersey
- North Dakota
- Oklahoma
- Ohio
- Tennessee
- Virginia
- Wyoming
Can I Travel With CBD?
A question people commonly ask is, “Can I travel with CBD?”
The answer has to be more than a simple yes or no, as there are a few regulations that you need to follow. When you’re flying from state to state, the federal law still applies.
The Transportation Security Administration, or TSA for short, is responsible for all the security checks at the airport. They’re mainly checking for explosives and weapons but will also stop you if you’re carrying any illegal items.
According to the TSA, you can travel with CBD Oil if it contains less than 0.3 percent of THC or is approved by the FDA.


If you’re taking CBD in your carry-on, it’s best to pack in containers that hold less than 3.4 ounces. If you have CBD medications in containers that carry more than 3.4 ounces, you need to get approval from a TSA security officer.
The process involves additional, longer screening of your product.
Traveling with CBD medications is alright if you follow the regulations. However, we would advise against traveling with CBD flowers. CBD flower buds look very similar to weed, and as their THC content can’t be checked immediately, you might get held up by security.
It’s best to be safe and follow the regulations.
Talk To Your Doctor
Before you try CBD oil, make sure to talk to your doctor and find the best dosage. You can always use a dosage calculator as well.
There are guides on how to use CBD oil that will help but talking to your doctor will ensure that there won’t be any adverse effects. In addition, as your doctor is more aware of your health, they can better guide you through the process.
For instance, people whose doctors have asked to stay away from citrus are also advised to seek medical consultation before using CBD products.
Conclusion
Each state has the authority to decide what is legal and what is not.
As more research is done on CBD and the benefits, more states could either reduce the restrictions or make CBD legal.
We are still learning about the CBD effects, so it’s best to do a little research before incorporating it into your daily routine.