Confused about CBD legality? You’re not alone. Between federal rules, state-by-state differences, and international requirements, figuring out where and how CBD is legal can feel overwhelming. This guide breaks down the essentials in plain English so you can understand today’s rules—and avoid costly mistakes.

Not legal advice. Laws change quickly. Always confirm with official sources or a qualified attorney before you buy, travel with, or sell CBD.

Key Takeaways

  • In the U.S., hemp-derived CBD with ≤0.3% delta-9 THC is federally lawful, but the FDA still restricts CBD in foods and dietary supplements.
  • States add their own rules on age limits, labeling, testing, and allowed product types—know your state’s requirements.
  • Globally, rules vary: the EU treats ingestible CBD as a “Novel Food,” the UK requires authorization, Canada regulates CBD like cannabis, and some countries ban CBD entirely.
  • Always verify recent updates—policies around intoxicating hemp derivatives and total THC limits are evolving.

U.S. Overview: How CBD Became Legal

The 2018 Farm Bill removed “hemp” from the federal Controlled Substances Act and defined it as cannabis with ≤0.3% delta-9 THC by dry weight. This opened the door for hemp-derived cannabinoids like CBD at the federal level, subject to important conditions.

Federal agencies play distinct roles:

  • USDA oversees hemp cultivation programs and testing.
  • FDA regulates finished products (foods, supplements, cosmetics, and drugs). As of now, FDA says CBD cannot be marketed as a dietary supplement or added to conventional foods in interstate commerce.
  • DEA enforces the Controlled Substances Act. Delta-9 THC above legal limits remains controlled; certain synthetic or chemically modified cannabinoids (like THC-O) have been flagged as illegal.

What Is CBD Legality in the U.S. Today?

Federal law sets a floor, but states set the day-to-day legal status for products. That means sales, labeling, and testing requirements depend on where you live or sell. Here’s how states commonly differ:

Permissive frameworks

  • Allow ingestible hemp CBD if THC stays within limits.
  • Require certificates of analysis (COAs), batch testing, and age gates.
  • Examples include programs in California (AB 45 framework) and New York (Cannabinoid Hemp Program).

Restrictive frameworks

  • 0% THC tolerance or limited product forms (e.g., ban on smokable hemp).
  • Caps on total THC per serving or per package, and stricter packaging rules.
  • Examples include states with 0% THC rules (like Idaho) or tight total-THC and ratio limits (e.g., Virginia).

Also watch for rules on intoxicating hemp derivatives (e.g., delta-8 THC), which many states restrict or ban separately from CBD. Retailers must monitor evolving cbd rules and testing thresholds beyond the 0.3% delta-9 limit.

What about food, drinks, and supplements?

Federally, the FDA does not permit adding CBD to foods or marketing it as a dietary supplement. Some states allow CBD-infused foods sold intrastate if state rules are followed, but moving those products across state lines can trigger federal issues. Check your state’s hemp laws before producing or shipping ingestibles.

Traveling with CBD in the U.S.

  • Domestic air travel: TSA focuses on security, not possession, but local laws at your origin/destination still apply.
  • Keep CBD in the original package with a QR code linking to a current COA showing ≤0.3% delta-9 THC.
  • Avoid products with any THC if traveling through very strict states.

Global CBD Legality Snapshot

Outside the U.S., CBD is regulated under national drug, food, or consumer laws. Always verify the destination country’s latest guidance.

European Union

  • CBD is not a narcotic if derived from hemp and within THC limits.
  • Ingestible CBD is treated as a Novel Food—authorization is generally required before marketing.
  • Country nuances apply (e.g., France allows low-THC CBD; enforcement varies).

United Kingdom

  • CBD products must be on the Food Standards Agency’s public list for ongoing Novel Food applications.
  • THC is tightly controlled; guidance limits controlled cannabinoids (e.g., ~1 mg THC per container).

Canada

  • CBD is regulated under the Cannabis Act, not as a general supplement.
  • Sales occur via licensed retailers; strict packaging, potency, and advertising rules apply.

Australia & New Zealand

  • Australia: Low-dose CBD is theoretically pharmacy-only (Schedule 3), but most products remain prescription-only.
  • New Zealand: CBD typically requires a prescription; strict THC content limits apply.

Japan & Switzerland

  • Japan: CBD is allowed if it contains 0% THC and complies with import/labeling requirements.
  • Switzerland: CBD can be sold with THC under 1.0% (higher than the EU), subject to product category rules.

Hong Kong, UAE, China

  • Hong Kong: CBD is a controlled substance; possession and sale are prohibited.
  • UAE: Strictly prohibits CBD; avoid carrying CBD when traveling.
  • China: CBD is banned in cosmetics; ingestible sales are not permitted.

Real-Life Example: A Small Brand Navigates the Maze

Maya launched a CBD tincture brand in New York in 2023. Her team sourced hemp extract with verified COAs showing ≤0.3% delta-9 THC, registered with the state’s Cannabinoid Hemp Program, and adopted age-21 sales controls.

When expanding online, they discovered some states capped total THC per package and banned certain formats. They built a shipping filter that blocked orders to states where their product didn’t meet local hemp laws. This avoided seizures and refunds—and kept their payment processor happy.

Step-by-Step: How to Stay Compliant

  1. Confirm hemp source and THC: Use ISO-accredited labs; require COAs for every batch showing ≤0.3% delta-9 THC and contaminant testing.
  2. Check product category: Food, beverage, supplement, cosmetic, vape, or pet product? Different rules apply by jurisdiction.
  3. Map state or country rules: Verify age limits, packaging, serving caps, total-THC rules, and banned cannabinoids.
  4. Label correctly: Include cannabinoid content per serving, batch number, QR link to COA, ingredient list, and required warnings. Avoid disease claims.
  5. Control your channels: Geoblock where necessary; restrict ads and claims to comply with FDA/FTC guidelines.
  6. Monitor changes: Assign an owner to track new bills, emergency rules, and enforcement trends every quarter.

FAQs

Is CBD legal in all 50 U.S. states?

Hemp-derived CBD with ≤0.3% delta-9 THC is federally lawful, but state rules vary. Some states restrict certain forms, require age 21, or impose total-THC caps. Always check local regulations before selling or shipping.

Can I fly with CBD in the United States?

Yes, if it’s hemp-derived and within federal THC limits. Keep it in original packaging with a scannable COA. Remember: local laws at your departure and arrival airports still apply.

Is CBD allowed in foods and supplements?

The FDA does not permit CBD in conventional foods or dietary supplements in interstate commerce. Some states allow intrastate sales under state programs, but this does not override federal policy.

Is CBD legal for pets?

Pet CBD is regulated at the state level and by FDA/USDA policies. Many states allow pet CBD with strict labeling and no disease claims. Speak to your veterinarian and verify state rules first.

What’s the difference between hemp CBD and marijuana CBD?

Chemically, CBD is the same molecule. The legal difference is source and THC levels: hemp contains ≤0.3% delta-9 THC; marijuana usually exceeds that threshold and is regulated under state cannabis programs.

Conclusion: Navigating CBD Legality with Confidence

CBD legality depends on where you source, how you formulate, and where you sell. Use accredited labs, follow clear labels, and map local rules before launching or traveling. With good process—and up-to-date compliance checks—you can operate confidently in a shifting landscape.