CBD Laws Across the U.S. – A State-by-State Snapshot

At the federal level, the Agriculture Improvement Act of 2018 (the "Farm Bill") legalized hemp (defined as cannabis plant material with ≤ 0.3% THC) and by extension hemp-derived CBD products. However, the law left it to individual states to adopt their own rules — and many have.

Here are some key patterns and examples:

1. States where hemp-derived CBD (≤ 0.3% THC) is broadly legal

In many states, as long as the CBD product comes from hemp and contains no more than 0.3% THC, it is treated as legal (though other restrictions may apply). 'Fully legal' is a term sometimes used.

• Example: In states such as Montana, hemp-derived CBD is considered fully legal.
• Example: In Massachusetts, CBD products are fully legal.

2. States with more restrictive rules

Some states restrict CBD even if derived from hemp, often limiting THC content to 0% or requiring special conditions (medical licences etc.).

• Example: In Idaho, CBD products must contain 0% THC (so any detectable THC may be illegal).
• Example: In Kansas, hemp-derived CBD is legal only if THC is 0% (or very tightly restricted) unless part of a medical program.

3. States where CBD from marijuana (i.e., higher-THC cannabis) is regulated differently

Even in states where hemp-derived CBD is legal, CBD derived from higher‐THC cannabis (marijuana) may still be restricted or only legal under medical/recreational cannabis laws.

• Example: A state may allow hemp-derived CBD broadly but require a medical cannabis licence to access CBD products from higher-THC sources.

4. Additional nuanced state rules

• Some states forbid certain product types (e.g., smokable hemp, vape forms, edibles) even if CBD is permitted.
• States differ in regulation of sale, labelling, licensing, and age limits.
• There is variation in how "controlled substances" acts at the state level treat hemp / THC / CBD.

Why this matters for patients / your app users

• Even if a CBD product is legal federally (hemp-derived, ≤ 0.3% THC), your state law may add extra requirements or restrictions.
• If a CBD product is not purely hemp-derived (higher THC), it may fall under more restrictive cannabis laws.
• Product type and formulation matter: e.g., smokables, edibles, beverages, and cartridges might be treated differently.
• For your users (patients), this means: check not only federal rules but also state and local laws before use or purchase.

Important Caveats & Next Steps

• The federal regulatory body Food and Drug Administration (FDA) has stated that CBD products (especially those marketed as dietary supplements or added to food/beverages) remain subject to significant regulatory uncertainty.
• Laws are changing: e.g., recent state-level efforts to regulate "intoxicating hemp-derived cannabinoids" are gaining traction.
• For an online business shipping across state lines: you'll need to monitor destination-state laws, labelling rules, licensing, and interstate shipping logistics.
• Even within a state, local jurisdictions may have additional rules or enforcement practices.

State-by-State CBD Law Status