Because policies change, use this page as your starting point and confirm details with your state’s regulators.
Federal Snapshot: How CBD Is Regulated
Here’s the baseline most states build on:
- Hemp definition: Cannabis with ≤0.3% delta‑9 THC by dry weight is “hemp” under the 2018 Farm Bill (7 U.S.C. §1639o).
- Interstate commerce: Hemp and compliant hemp products can move across state lines; states may regulate retail sales.
- FDA position: CBD cannot be marketed as a dietary supplement or added to foods in interstate commerce, and you cannot make disease-treatment claims. FDA also requires truthful labeling and good manufacturing practices.
- Testing and COAs: Most states require third‑party lab testing with QR codes or batch traceability.
- Intoxicating hemp cannabinoids: Many states now restrict or ban delta‑8, delta‑10, and similar compounds, regardless of delta‑9 THC limits.
How to Verify Your State’s Rules (Step-by-Step)
- Find the regulator: Search “Your State + hemp program + CBD” (often Department of Agriculture, Health, or Consumer Protection).
- Confirm definitions: Does your state use delta‑9 THC only, total THC, or “no detectable THC” for hemp products?
- Check product scope: Are foods, beverages, gummies, vapes, and cosmetics permitted? Any per‑serving or per‑package THC caps?
- Age limits and access: Is purchase 18+ or 21+? Are online sales or mail orders restricted?
- Registration: Do manufacturers, distributors, or retailers need licenses? Any product registration list?
- Labeling and testing: QR code to a COA, batch number, cannabinoid profile, contaminants testing, and warning statements.
- Intoxicating derivatives: Are delta‑8/delta‑10/THC‑O banned or regulated like marijuana?
- Local enforcement: Some counties/cities add rules; check local health departments.
CBD State Laws: Quick Checklist
- Hemp-derived (≤0.3% delta‑9 THC) and tested? ✔️
- Clear, truthful labels and batch COA via QR code? ✔️
- No disease-treatment claims on packaging or ads? ✔️
- State allows your product type (gummy, drink, vape)? ✔️
- Age 21+ if required? ✔️
- No delta‑8/delta‑10 if your state bans them? ✔️
The “Legal Map” in Plain English
Most states allow retail sales of hemp-derived CBD with testing and labeling. A handful impose special limits (0% THC products only, strict per‑serving THC caps, product registration, or age‑21 rules). Use this as a legal map for quick orientation and then verify details below.
50-State Guide: A–Z Snapshot
This directory offers concise status notes. Because laws evolve, always confirm with the state regulator linked on the USDA page above.
Alabama
Retail hemp-derived CBD commonly available with labeling/testing. Avoid medical claims. Check Alabama Department of Agriculture for hemp rules.
Alaska
Hemp CBD retail is available, but food/beverage uses and THC limits are regulated. Verify with state commerce and agriculture guidance.
Arizona
Hemp-derived CBD generally permitted at retail with testing. Watch for restrictions on intoxicating hemp cannabinoids.
Arkansas
Retail CBD allowed; labeling and testing apply. Enforcement has targeted delta‑8/delta‑10 products.
California
AB 45 permits hemp CBD in foods, beverages, and supplements with strict testing, labeling, and contaminant standards. Local enforcement varies.
Colorado
Allows hemp CBD in foods with robust safety standards. State restricts chemically converted THC (e.g., from CBD). Strong testing and labeling norms.
Connecticut
Retail CBD permitted; stringent rules on labeling/testing. Intoxicating hemp cannabinoids are regulated like cannabis; expect age‑21 limits for certain items.
Delaware
Hemp CBD sold at retail with testing/labeling requirements. Monitor rules on delta‑8/delta‑10.
Florida
Retail allowed with QR-coded COAs and packaging rules. State has scrutinized intoxicating hemp; check current age and potency rules before selling.
Georgia
Retail CBD permitted; licensing and labeling apply. The state has acted against intoxicating hemp products—verify current restrictions.
Hawaii
Retail CBD available, but Hawaii historically restricted CBD in foods and set strict labeling. Confirm current DOH guidance for ingestibles.
Idaho
One of the strictest states. CBD products generally must contain 0% THC (no detectable THC). Verify packaging and ingredient limits before possession or sale.
Illinois
Retail CBD allowed under hemp laws; adult-use cannabis coexists. Follow labeling/testing requirements and avoid medical claims.
Indiana
Retail hemp extracts permitted with ≤0.3% delta‑9 THC. Labeling and QR code requirements common. Smokable hemp rules have been litigated—check updates.
Iowa
Retail CBD allowed with tight rules. Recent legislation set total THC milligram caps for products and age‑21 restrictions for ingestibles. Verify exact limits.
Kansas
Retail CBD available. Historically strict about THC; ensure compliant products (≤0.3% delta‑9 THC, and some retailers prefer 0% THC formulations).
Kentucky
Robust hemp market. Retail CBD allowed with testing/labeling; age‑21 rules often apply to hemp intoxicants and some ingestibles.
Louisiana
Retail CBD allowed with product registration, labeling, and potency caps. Expect age‑21 rules for certain products; verify current mg limits.
Maine
Allows hemp CBD in foods produced in-state with testing/labeling. State restricts synthetically derived cannabinoids; age‑21 rules can apply.
Maryland
Retail CBD allowed; adult-use cannabis framework affects intoxicating hemp. Follow testing/labeling and check any potency caps.
Massachusetts
Retail CBD is common; the state has limited CBD in foods outside licensed cannabis channels. Confirm current DPH guidance before selling ingestibles.
Michigan
Retail CBD allowed with testing/labeling. Intoxicating hemp products fall under cannabis regulators; expect licensing and age‑21 controls.
Minnesota
Allows hemp edibles with THC caps (e.g., 5 mg per serving/50 mg per package) and age‑21 minimum; adult-use cannabis now legal. Check current caps and labeling.
Mississippi
Retail hemp CBD available; confirm labeling/testing rules and any restrictions on cannabinoids and product types.
Missouri
Retail CBD permitted; standard hemp testing/labeling apply. Monitor rules on delta‑8/delta‑10.
Montana
Retail CBD allowed with testing/labeling; adult-use cannabis coexists. Check any restrictions on hemp intoxicants.
Nebraska
Retail CBD sold with labeling/testing. Law enforcement has acted on intoxicating hemp—verify current stance and age rules.
Nevada
Retail CBD permitted; strong testing/labeling requirements. Intoxicating hemp cannabinoids face tighter control.
New Hampshire
Retail CBD available; confirm restrictions on adding CBD to foods/beverages and check labeling requirements.
New Jersey
Retail CBD permitted. State regulates intoxicating hemp more strictly; follow testing/labeling and age‑21 norms.
New Mexico
Retail CBD allowed with standard hemp requirements; verify any rules on delta‑8/delta‑10 and product registration.
New York
Comprehensive cannabinoid hemp rules: strict labeling/testing, serving size limits, and age‑21 for certain products. Delta‑8 restricted. Follow NY’s detailed packaging standards.
North Carolina
Retail CBD permitted with testing/labeling. Expect age‑21 controls for inhalable or intoxicating products. Local enforcement can vary.
North Dakota
Retail CBD allowed; registration and testing/labeling required. Check rules on hemp intoxicants and product types.
Ohio
Retail CBD legal with testing/labeling since 2019. Monitor local enforcement around hemp intoxicants and packaging.
Oklahoma
Retail CBD permitted; compliance includes labeling/COAs. The state has acted against intoxicating hemp products—verify current policies.
Oregon
Allows hemp CBD with rigorous testing/labeling. Strong restrictions on intoxicating hemp and sales to minors; confirm current OLCC/ODA rules.
Pennsylvania
Retail CBD allowed; look for COAs and compliant labeling. Check any food/beverage-specific requirements.
Rhode Island
Retail CBD permitted with testing/labeling; the state scrutinizes intoxicating hemp. Confirm age and potency restrictions.
South Carolina
Retail CBD sold widely; ensure compliant labeling and COAs. Food/beverage rules and intoxicating hemp enforcement can be strict—verify locally.
South Dakota
Retail hemp CBD allowed; state has targeted delta‑8/delta‑10. Confirm age limits and product categories.
Tennessee
Retail CBD permitted; 2023 updates regulate hemp-derived cannabinoids with age‑21 and packaging rules. COAs and clear labels expected.
Texas
Retail CBD allowed under the Consumable Hemp Program with manufacturer/retailer registration and QR-coded COAs. State restricts smokable manufacturing and polices delta‑8—check current status.
Utah
Retail CBD allowed with product registration, QR codes, and strict labeling/testing. Avoid medical claims; verify any age limits.
Vermont
Retail CBD permitted with robust testing/labeling. The state bans synthetically derived cannabinoids and restricts sales to minors.
Virginia
Retail CBD allowed with notable limits: age‑21 for many products, THC caps (e.g., ~2 mg THC per package unless a 25:1 CBD:THC ratio is met), and strict labeling. Vigorous enforcement; verify details before selling.
Washington
Retail CBD allowed with testing/labeling. Converted cannabinoids (e.g., delta‑8 from CBD) are restricted; hemp in the cannabis system is tightly controlled.
West Virginia
Retail CBD permitted with standard hemp compliance. Confirm any restrictions on intoxicating hemp.
Wisconsin
Retail CBD allowed; testing and labeling apply. Watch enforcement trends around intoxicating hemp products.
Wyoming
Retail CBD permitted with labeling/COAs. Confirm local rules on product types and cannabinoids.
Real Example: Navigating a Stricter State
Maya runs a small CBD bakery in Richmond, VA. In 2023–2024, Virginia tightened rules on THC content and labeling for hemp products. After a surprise inspection flagged her gummy labels (missing QR code and total THC disclosure), she:
- Switched to a formula with a compliant CBD:THC ratio (to meet the 25:1 rule).
- Added batch numbers, hemp disclaimers, and a QR code linking to a third‑party COA.
- Moved all in‑store gummies behind the counter with age‑21 signage.
Result: Her next inspection passed, and chargebacks from payment processors dropped because her listings matched state requirements. Small adjustments made a big difference.
Buying and Selling CBD Safely: Expert Tips
For Consumers
- Scan the QR code and confirm the COA matches the product’s batch, potency, and contaminants results.
- Avoid products claiming to “cure” or “treat” diseases—those are red flags.
- Check your state’s age requirements; many require 21+ for ingestibles.
- When traveling, keep products in original packaging and choose ≤0.3% delta‑9 THC items.
For Brands and Retailers
- Register with your state if required; some states require product registration before sale.
- Use accredited labs and include full-panel testing (potency, heavy metals, residual solvents, pesticides, microbes, mycotoxins).
- Label basics: identity statement, net contents, cannabinoid content per serving and package, ingredients, allergen info (if applicable), batch/lot, manufacturer info, warnings, and QR code to COA.
- Avoid disease claims and “drug-like” language. Train staff on compliant communications.
- Geofence ecommerce if needed; block sales of restricted products into prohibited jurisdictions.
Where “State-by-State CBD” Fits With Federal Law
Federal law sets the floor, not the ceiling. States can be stricter—especially on foods, beverages, vapes, intoxicating hemp cannabinoids, and age limits. If you’re unsure, treat your product as “food” under your state’s rules and build a quality system that would satisfy a routine inspection. This approach helps with hemp legality across jurisdictions.
Conclusion
Most places allow hemp-derived CBD with testing and labeling, but details differ. Use this guide to orient yourself on CBD state laws, then confirm the latest rules with your state regulator. When in doubt, choose products with robust COAs, clear labels, and conservative THC limits.