FAQS

Is your state CBD legal? Hemp-CBD laws are constantly changing make sure to check with your local authorities.

Is CBD legal in Alabama?

The 2018 Farm Bill defined hemp as an agricultural commodity and removed it from the controlled substance list. Producers across the country may now legally farm hemp as part of an approved hemp regulatory program. Since the 2018 Farm Bill passed, the Alabama Department of Agriculture and Industries (ADAI), Alabama Cooperative Extension System (ACES), and the Alabama Agricultural Experiment Station (AAES) have been inundated with questions from across the state.

Source: Alabama State Gov. website

Is CBD legal in Arizona?

Industrial hemp is defined as the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a Total Delta-9 Tetrahydrocannabinol (THC) concentration of not more than three-tenths percent (0.3%) on a dry-weight basis. This includes the total calculable amount of the conversion of Tetrahydrocannabinolic Acid (THCA)."CBD" or Cannabidiol, is a chemical compound that can be extracted from an industrial hemp plant (primarily from the floral material). "CBD" compounds are not narcotic or included in the Controlled Substances Act and is different from the "THC" that is found in marijuana.

Source: Arizona State Gov. website

Is CBD legal in Arkansas?

The Department is currently in the process of obtaining plan approval from the United States Department of Agriculture (“USDA”), as prompted by the 2018 Farm Bill. The current program exists under the 2014 Farm Bill, which allows states to establish research pilot programs, but this federal legislation set to expire on October 31, 2020. Once Arkansas’ state hemp production plan is approved by the USDA, the Department will continue licensing growers and processor/handlers for the 2021 grow season.

Source: Arkansas State Gov. website

Is CBD legal in California?

The Agriculture Improvement Act of 2018 (2018 Farm Bill) , effective January 1, 2019, removed hemp from Schedule I of the federal Controlled Substances Act. Thus, hemp is no longer federally regulated as a controlled substance.

The Agriculture Improvement Act of 2018 (2018 Farm Bill) was signed into law by the President on December 20, 2018. The U.S. Domestic Hemp Production Program was established by the U.S. Department of Agriculture (USDA) through an interim final rule on October 31, 2019. This rule provides the requirements for State and Tribal regulatory plans submitted to USDA for review and approval.

According to the California Food and Agriculture Code section 81000 (a)(6):

"Industrial hemp" or “Hemp” means an agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis.

Industrial hemp is also defined in the California Health and Safety Code Section 11018.5.

Cannabis is defined in California Business and Professions Code (BPC) Section 26001(f). The BPC section 26001(f) definition explicitly states that cannabis does not include industrial hemp.

Source: California State Gov. website

Is CBD legal in Colorado?

Industrial hemp means a plant of the genus Cannabis and any part of the plant, whether growing or not, containing a delta-9 tetrahydrocannabinol (THC) concentration of no more than three-tenths of one percent (0.3%) on a dry weight basis.

Under State and Federal law, the CDA tests for total THC through the process of post-decarboxylation.

The Colorado Department of Agriculture's Industrial Hemp Program regulates only the cultivation of industrial hemp. The Department also administers a certified seed program.

NOTE: Federal Continuing Resolution including an extension of the 2014 Farm Bill which also includes the Hemp Pilot Program was passed this week.

This means that the Colorado Department of Agriculture's Hemp Program will continue to operate under the 2014 Farm Bill until Sept 30, 2021. In the meantime, we will continue to work with USDA on behalf of Colorado Hemp Producers to implement as many recommendations from CHAMP stakeholders as possible in our State Plan.

Is CBD legal in Connecticut?

What forms of hemp derived products are allowed in food? A licensed hemp manufacturer may produce foods for human consumption containing hemp products and CBD oil.

For more information on including hemp in alcoholic beverages, see the guidance set forth by the Alcohol & Tobacco Tax and Trade Bureau. Please note that Public Act 19-3 does not eliminate any requirements for food retailers, wholesalers or manufacturers under the Food, Drug and Cosmetic Act or any other federal or state law.

Are any hemp derived products allowed to be manufactured into food without a manufacturer license? Products that have been Generally Recognized As Safe (“GRAS”) by the U.S. Food and Drug Administration (“FDA”) do not require a manufacturer of hemp consumables license as they have been approved for use in food by the FDA and are not subject to premarket review and approval by the FDA. Thus, as long as they are marketed for the uses described in the FDA GRAS notices, manufactured in a way that is consistent with the notices, and meet the listed specifications in the notices, the following products can be added to food without the need for a manufacturer of hemp consumables license: • Hulled Hemp Seeds • Hemp Seed Protein Powder • Hemp Seed Oil.

Source: Connecticut State Gov. website

Is CBD legal in Delaware?

Hemp is the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with the federally defined delta-9 THC concentration of not more than 0.3 percent on a dry weight basis, or the THC concentration for hemp defined in 7 U.S.C. sec 5940, whichever is greater.

In the State of Delaware, hemp is considered an agricultural commodity and is defined as a grain under Del. Code Title 3.

The 2018 Farm Bill, signed by the President on December 20, 2018, permanently legalized hemp and hemp products, establishing them as agricultural commodities, and removing them from the purview of the Controlled Substances Act. The 2018 Farm Bill expands hemp farming by authorizing states to develop permanent programs.

Effective October 31, 2019, USDA established the U.S. Domestic Hemp Production Program through an interim final rule. This rule outlines provisions for the USDA to approve plans submitted by the states. The public can see the status of state and tribal hemp production plans for USDA Approval online.

Source: Delaware State Gov. website

Is CBD legal in Florida?

The Industrial Hemp Advisory Council was established by Senate Bill 1020 and codified in Section 581.27(14), Florida Statutes, to provide advice and expertise to the Florida Department of Agriculture and Consumer Services with respect to plans, policies and procedures applicable to the administration of the state hemp program.

In March 2019, the University of Florida's Institute of Food and Agricultural Sciences (UF/IFAS) started planting over 46 varieties of industrial hemp at four locations throughout the state. Learn more about the UF/IFAS Industrial Hemp Pilot Project.

In August 2019, Florida A&M University planted 30 acres of industrial hemp on a repurposed citrus grove in Bartow, Florida. Learn more about the FAMU Industrial Hemp Pilot Project.

Source: Florida State Gov. website, Florida State Gov website 2

Is CBD legal in Georgia?

The 2018 Farm Bill (the Agriculture Improvement Act of 2018) directed USDA to develop a regulatory oversight program for hemp. The program includes provisions for the USDA to approve plans submitted by States and Indian Tribes for the domestic production of hemp. It also establishes a federal plan for producers in States or territories of Indian tribes that do not have their own USDA-approved plan and the production of hemp is legal.

Source: Georgia State Gov. website

Is CBD legal in Idaho?

In 2015, CBD was brought to the center of Idaho’s legislative session. The bill, S1146a, promised legal relief for parents of children with uncontrolled epilepsy to obtain CBD oil with up to 0.3% THC from across state lines. In addition to ODP, Idaho State Police, Department of Health and Welfare (DHW), the Idaho Prosecuting Attorneys Association, the Fraternal Order of Police, the Idaho Police Chiefs Association, the Idaho Sheriff’s Association, and the Idaho Criminal Justice Commission opposed S1146a. Concerns about the bill included:

Governor Brad Little issued an Executive Order on November 19, 2019 to resolve conflicts between state and federal law related to the interstate transportation of hemp—as defined in the 2018 Farm Bill—across Idaho. The executive order does not authorize or legalize the production of hemp, its byproducts, oils, or any other derivative prohibited by Idaho law. This Executive Order only permits the interstate transportation of hemp consistent with the 2018 Farm Bill and implementing regulations, the Executive Order, and the State of Idaho rules regarding the interstate transportation of hemp.

Source: Idaho State Gov. website

Is CBD legal in Illinois?

1.Is hemp the same thing as marijuana?

Yes and no. Industrial Hemp and marijuana are both Cannabis sativa L., however, they are very different. Marijuana contains tetrahydrocannabinol (THC), the active ingredient that has a psychoactive effect on the user. Hemp, on the other hand, has 0.3% or less THC and has no psychoactive effect.

2.What can be done with Hemp?

Hemp has thousands of potential uses ranging from building materials to food to cloth. Another derivative of Hemp is Cannabinol, also known as CBD. Some people believe that CBD can have therapeutic benefits for pain, anxiety, and inflammation.

Under the 2014 and 2018 Farm Bills, farmers, universities, and the Department of Agriculture can grow Hemp with some conditions. There must be a research component and anyone that wants to grow hemp must apply for and be awarded a Hemp Grower's License. There are other pieces of information that must be completed on the application pursuant to State and Federal law.

Source: Illinois State Gov. website

Is CBD legal in Indiana?

The 2018 Farm Bill legalized industrial hemp and provided a federal framework for industrial hemp production. Under this framework, states desiring to regulate industrial hemp must have a state hemp plan that has been approved by the United States Department of Agriculture.

The U.S. Department of Agriculture has approved the Indiana State Hemp Plan for commercially growing and processing hemp. In Indiana, hemp processing and production are regulated through the Office of the Indiana State Chemist (OISC).

Source: Indiana State Gov. website

Is CBD legal in Iowa?

Farmers can apply for a license to grow hemp in Iowa. Growers are advised to do their research and confirm there is a viable, profitable market for commercial hemp production before they make an investment in seed and equipment. This commercial hemp production program does not legalize the use of cannabidiol (CBD) for human consumption, extraction or processing in Iowa. NOTE: The application period for outdoor hemp crops ended May 15, 2020. The next set of outdoor applications will occur in early 2021.

Source: Iowa State Gov. website

Is CBD legal in Kansas?

When SB 263 was published in the Kansas Register, industrial hemp was no longer categorized as a controlled substance in Kansas. However, the cultivation, growth, research, transportation, processing or distribution of industrial hemp or industrial hemp seed is only allowed with a license as part of the research program. The regulations to acquire a license and otherwise carry out the provisions of the alternative crop research act were published in the Kansas Register on Jan. 24, 2019, and applications for licenses were due on June 1, 2019. Applications for the 2020 Industrial Hemp Research Program are due November 30, 2019.

Source: Kansas State Gov. website

Is CBD legal in Kentucky?

Hemp derived CBD products are legal in Kentucky pursuant to 40 KRS 218A.010(27).

Even though the 2018 Farm Bill removes hemp from the controlled substance list, no person can grow, handle (possess), or process hemp plants, viable seed, leaf or floral materials without a hemp license issued by the Kentucky Department of Agriculture.

As stated in KRS 260.858(3), "It is unlawful for a person who does not hold a license issued by the department, or who is not an agent of a licensee, to cultivate, handle, process, or market living hemp plants or viable seeds, leaf materials, or floral materials derived from hemp. Penalties for persons who cultivate, handle, process, or market living hemp plants or viable seeds, leaf materials, or floral materials derived from industrial hemp without a license are the same as those penalties that are applicable to persons who violate KRS Chapter 218A, relating to marijuana.”

Source: Kentucky State Gov. website

Is CBD legal in Louisiana?

On Dec. 23, 2019, Louisiana’s state industrial hemp plan was approved by the USDA. As of Dec. 27, 2019, the LDAF Industrial Hemp Program began accepting license applications to produce, transport and process industrial hemp in Louisiana.

According to state and federal law, “Industrial hemp” includes all plant parts and varieties of the plant Cannabis sativa L. and any part of the plant cultivated or possessed by an industrial hemp licensee, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis.

Source: Louisiana State Gov. website

Is CBD legal in Maine?

"Hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a delta‑9‑tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis, or as otherwise defined in federal law. "Hemp" includes agricultural commodities and products derived from hemp and topical or ingestible consumer products, including food, food additives and food products derived from hemp, which in their final forms contain a delta-9-tetrahydrocannabinol concentration of not more than 0.3% or as otherwise defined in federal law. "Hemp" does not include marijuana for medical use pursuant to Title 22, chapter 558‑C or adult use marijuana pursuant to Title 28‑B, chapter 1. [PL 2019, c. 528, §1 (NEW).]

Source: Maine State Gov. website

Is CBD legal in Maryland?

In section 7606 of the Agricultural Act of 2014 (Farm Bill), the federal government opened the door to limited legal growth of industrial hemp as part of agricultural research pilot programs. During the 2018 legislative session, the General Assembly passed House Bill 698, which established an Industrial Hemp Pilot Program administered by the Maryland Department of Agriculture. The purpose of which is to authorize and facilitate the research of industrial hemp and any aspect of growing, cultivating, harvesting, processing, manufacturing, transporting, marketing, or selling industrial hemp for agricultural, industrial, or commercial purposes.

Industrial hemp and marijuana are different varieties of the same species of plant, Cannabis sativa. Marijuana is cultivated because of its production of the psychoactive plant chemical delta-9 tetrahydrocannabinol, also known as THC. Industrial hemp is cultivated for fiber, seed, and other purposes, and federal and state law requires that the concentration of THC must be less than 0.3% in industrial hemp.

Source: Maryland State Gov. website

Is CBD legal in Massachusetts?

Hemp is an extremely versatile plant with a multitude of uses. It can be cultivated for use as a fiber crop, seed crop, or for production of cannabinoids found in the flowers. Hemp products manufactured from the fibrous stalks and seeds include rope, clothes, food, paper, textiles, plastics, insulation, oil, and biofuel.

Plants in the genus Cannabis contain unique compounds called cannabinoids. There are at least 113 different cannabinoids produced by cannabis plants. The most notable of these cannabinoids is delta 9- tetrahydrocannabinol, also known as THC. THC is the primary psychoactive compound found in marijuana. While marijuana plants contain high levels of THC (typically between 5-25%), the varieties used for hemp contain very little. Hemp has been selectively bred to contain no more than 0.3% THC on a dry-weight basis.

Source: Massachusetts State Gov. website

Is CBD legal in Michigan?

The 2018 Farm Bill legalizes industrial hemp and provides a federal framework for industrial hemp production by permitting hemp growers and processors, operating in states with hemp legislation, to engage in commercial hemp production. Under this framework, states desiring to regulate industrial hemp must have a hemp plan that that has been approved by the United States Department of Agriculture (USDA) that monitors and regulates hemp production.

USDA intends to promulgate rules and provide guidance to states on hemp plan development and approval in time for the 2020 growing season. In the meantime, states continue to operate under the provisions of the 2014 Farm Bill that allow industrial hemp production by colleges and universities and state agriculture departments for research purposes.

Source: Michigan State Gov. website

Is CBD legal in Minnesota?

As defined in the 2018 Farm Bill and Minnesota Statues Chapter18K, Section 2, hemp is the plant Cannabis sativa L., and any part of the plant, whether growing or not, including the seeds, and all its derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, containing a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis. For regulatory purposes, the THC concentration is analyzed post-decarboxylation, as required by the federal law. This is commonly referred to as "Total Potential THC" and is equal to delta-9 THC + (THCA x 0.877). Hemp is an agricultural crop which can be grown for fiber, grain, or medicinal usages.

The 2014 Farm Bill contained a provision to allow state departments of agriculture to administer pilot programs to study the growth, cultivation, and marketing of hemp. In 2015, the Minnesota Industrial Hemp Development Act (IHDA), Minnesota Statues Chapter18K, became law. This allowed the MDA to create a hemp pilot program. The Minnesota pilot program operated in 2016 through 2020.

The 2018 Farm Bill officially legalized hemp cultivation for commercial purposes and removed it from the Controlled Substances Act. On October 31, 2019, the U.S. Department of Agriculture (USDA) released the Interim Final Rule (7 CFR part 990), which forms the regulatory framework for all hemp cultivation nationwide. Each state and tribal authority had to submit a state plan for approval to USDA if they wanted to continue to regulate hemp at the state/tribal level. The Minnesota state plan was approved in July 2020. Visit the USDA website to view the entirety of the Minnesota plan. The pilot program will expire on December 31, 2020 and the commercial Hemp Program will begin operating under the state plan on January 1, 2021.

Source: Minnesota State Gov. website

Is CBD legal in Mississippi?

Senate Bill 2725, also known as the Mississippi Hemp Cultivation Act, was signed into law on June 29, 2020. This act legalized the cultivation of hemp under a state plan to be created and implemented by the Commissioner of Agriculture and Commerce. Although the act allowed for a state hemp cultivation program, the necessary funding to implement the program was not appropriated by the Mississippi Legislature.

As a result, currently the only legal option for a producer to cultivate hemp in Mississippi now is to obtain a hemp license from the U.S. Department of Agriculture (USDA) under the USDA Domestic Hemp Production Program. The application may be viewed here: USDA Hemp Application (PDF). When applying for a USDA hemp production license, the applicant must provide a copy of an FBI criminal history report. Instructions on how to obtain the report from the FBI may be viewed here: FBI Criminal History Report. An applicant will not receive a USDA hemp production license if the applicant has been convicted of a felony related to a controlled substance in the last 10 years. Once issued, USDA hemp production licenses are active for three years unless the State of Mississippi elects to administer a State hemp production program.

Source: Mississippi State Gov. website

Is CBD legal in Missouri?

On Oct. 31, 2019, the United States Department of Agriculture published an Interim Final Rule, which established the federal regulatory framework for industrial hemp growth in the United States. The guidance from USDA further provided states the opportunity to operate without an approved state plan for one year as an extension. Missouri will operate under the extension and, as a result, will not submit an official state plan to USDA for the 2020 growing season. Missouri’s Industrial Hemp Program will operate under the authority granted by Missouri Senate Bill 133 and an extension of the 2014 Farm Bill.

Source: Missouri State Gov. website

Is CBD legal in Montana?

Montana will not be implementing its USDA Approved Hemp Plan beginning November 1, 2020 as originally planned due to the recent pilot program extension made by congress. Rather, the Montana State Hemp Program will continue operating under authorities provided for in the 2014 pilot program until September of 2021, or until Congressional allowance lapses.

The details of the state's current plan can be found under Related Links. Licensed hemp growers are encouraged to review this plan to be aware of and understand the requirements and procedures related to licensure, sampling and testing for Total THC, reporting and enforcement.

Source: Montana State Gov. website

Is CBD legal in Nebraska?

LB657 and LB1152, passed by the Legislature and signed into law by Governor Pete Ricketts, adopted the Nebraska Hemp Farming Act and amended existing statutes to establish a state hemp program within the Nebraska Department of Agriculture (NDA). The legislation gave NDA the authority to regulate the growing, processing, handling and brokering of hemp in Nebraska. To legally grow hemp in Nebraska, interested parties must receive a license from NDA, regardless of the size or purpose for cultivation. Growing, processing, handling, and/or brokering hemp without a license from NDA or a Tribe with a USDA-approved hemp plan is illegal in Nebraska.

Source: Nebraska State Gov. website

Is CBD legal in Nevada?

Hemp is a plant variety derived from the genus Cannabis sativa L. It is among the same species as marijuana, however it differs in that it contains a low concentration of Tetrahydrocannabinol (THC), a chemical compound known for its hallucinogenic effects. According to state and federal law, hemp must contain less than 0.3 percent delta-9 THC on a dry weight basis. Hemp plants are processed into an array of commodities which can include CBD, fiber, seed, seed oil, textiles and other commodities. The Nevada Department of Agriculture (NDA) regulates the production of hemp and hemp seed, as well as the processing of raw hemp in Nevada. End-consumer products are regulated by your local health authority.

Source: Nevada State Gov. website

Is CBD legal in New Hampshire?

The Agriculture Improvement Act of 2018 (2018 Farm Bill) authorized the production of hemp and removed hemp and hemp seeds from the Drug Enforcement Administration’s (DEA) schedule of Controlled Substances. It also directed the U.S. Department of Agriculture (USDA) to issue regulations and guidance to implement a program to create a consistent regulatory framework around production of hemp throughout the United States. The establishment of hemp as a regulated commodity also paves the way for U.S. hemp farmers to participate in other USDA farm programs.

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Source: USDA Gov. website

Is CBD legal in New Jersey?

The New Jersey Hemp Farming Act was enacted in August 2019. This new legislation complies with the 2018 Farm Bill, which authorized hemp producers to grow and sell hemp for commercial purposes.

On December 27, 2019, New Jersey was among the first three states to have its Hemp Program approved by the USDA.

Source: New Jersey State Gov. website

Is CBD legal in New Mexico?

A hemp facility means a hemp extraction facility, hemp manufacturing facility, or hemp warehouse. A permit from NMED is required when manufacturing hemp-containing products for human ingestion, absorption, or smokable products.

A hemp manufacturing permit from NMED required for drying and/or processing (i.e. trimming) of hemp/hemp flower into a finished product, or product that does not need further processing to be offered as a finished product.

The maximum THC concentration allowed in a hemp finished product is 0.30%.

Source: New Mexico State Gov. website

Is CBD legal in New York?

The NYS Department of Agriculture and Markets is continuing to administer an Industrial Hemp Agricultural Research Pilot Program, authorized by New York State law and 7 U.S.C. § 5940 (Farm Bill of 2014). The Department is accepting applications from individuals or businesses interested in conducting research related to the growing of industrial hemp.

Due to a change in Federal Law, authorizations to grow hemp in New York State pursuant to the authority cited above, will expire September 30, 2021.

Processors of cannabinoid hemp or cannabidiol (CBD) are now regulated by the New York State Department of Health Cannabinoid Hemp program.

Source: New York State Gov. website

Is CBD legal in North Carolina?

Hemp production has been legalized in North Carolina, but only as part of the state's pilot program as allowed under federal law. The N.C. General Assembly passed Senate Bill 313 in 2015, allowing the Industrial Hemp Commission to develop the rules and licensing structure necessary to stay within federal laws. The law was modified in 2016 in House Bill 992. The Industrial Hemp Commission adopted temporary rules for review in February 2017; these were approved by the Rules Review Commission of the Office of Administrative Hearings.

Source: North Carolina State Gov. website

Is CBD legal in North Dakota?

The North Dakota Department of Agriculture (NDDA) created the Industrial Hemp Pilot Program to research the growth, cultivation, and marketing of industrial hemp in North Dakota. The goal was to increase the understanding of how industrial hemp fits into the current agricultural landscape and investigate how it may contribute to the economy of North Dakota.

HISTORY OF LEGAL STATUS Industrial hemp is a variety of the plant species Cannabis sativa L. and was considered a Schedule I Controlled Substance under the Controlled Substances Act (CSA, 21 U.S.C. §§801 et seq.; Title 21 C.F.R. Part 1308.11) until recently. Cultivation was highly restricted and only allowable for research purposes authorized under a provision of the Agricultural Act of 2014. The Congressional Research Service’s Hemp as an Agricultural Commodity written by Renee Johnson (2), states that: The Agricultural Act of 2014 (“2014 Farm Bill,” P.L. 113-79) provided that certain research institutions and state departments of agriculture may grow industrial hemp, as part of an agricultural pilot program, if allowed under state laws where the institution or state department of agriculture is located.

The 2014 Farm Bill also established a statutory definition of “industrial hemp” as the plant Cannabis sativa L. and any part of such plant with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3% on a dry weight basis. The enacted FY2015 appropriations (P.L. 113-235) further blocked federal law enforcement authorities from interfering with state agencies, hemp growers, and agricultural research.

The term hemp refers to the agricultural crop of C. sativa L. which produces cannabinoids, but only trace levels of the psychoactive cannabinoid THC. The 2018 Farm Bill passed in late December redefined hemp and took it off the Controlled Substance Schedule I list. In accordance with guidance issued by the United States Department of Agriculture, NDDA will operate the 2019 Industrial Hemp Pilot Program under the rules of the 2014 Farm Bill.

Source: North Dakota State Gov. website

Is CBD legal in Ohio?

A “Hemp product” is any product made with hemp, including cosmetics, personal care products, dietary supplements or food intended for human or animal consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, and any product containing one or more cannabinoids derived from hemp, including cannabidiol.

“Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths percent on a dry weight basis.

Source: Ohio State Gov. website

Is CBD legal in Oklahoma?

The Oklahoma legislature passed the Oklahoma Agricultural Industrial Hemp Pilot Program (OAIHPP) in April of 2018 and the temporary rules to govern the program were adopted by the Department in May of 2018.

Under the laws and rules for the OAIHPP program, a farmer wishing to grow industrial hemp must establish a relationship with a University or college that belongs to the Oklahoma State System of Higher Education and has a plant science curriculum.

Once the farmer has a relationship with a University or College they can apply to the Department to receive a license for each cultivation site. By law, industrial hemp must have less than 0.3% THC. THC is the chemical that produces the euphoric effect or “high” of other cannabis plants.

Source: Oklahoma State Gov. website

Is CBD legal in Oregon?

The Oregon Department of Agriculture's Hemp Program provides another opportunity for Oregon agriculture to grow.

Hemp means all non-seed parts and varieties of the Cannabis plant, whether growing or not, that contain an average tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry weight basis. (OAR 603-048-0010)

The program ensures that hemp growers, hemp handlers, and agricultural hemp seed producers are registered and that pre- and post-harvest testing of hemp and hemp products are conducted as required by Oregon hemp statutes and regulations.

Source: Oregon State Gov. website

Is CBD legal in Pennsylvania?

Cannabinoids, such as cannabidiol (CBD), are a group of chemicals concentrated in the female flower of the cannabis plant. While they are chemically similar to THC, they do not have the psychoactive effects of THC. PDA does permit growth of hemp for the purpose of producing CBD. However, it will be the permit holder's responsibility to ensure that any CBD extraction or the production of CBD-containing substances complies with all laws and regulations.

There are thousands of uses for hemp. Some of those include: fibrous stem products (paper products, molded plastics, textiles, construction materials, etc.); seed products (food products for human consumption, culinary oil, body care products, fuel, etc.) and floral/foliar products (CBD extracts). Part of the development of a hemp industry is to determine what the most appropriate uses are for Pennsylvania in terms of growth, production and processing of hemp.

What is the difference between Pennsylvania's hemp program and the Pennsylvania medical marijuana program?

The two programs are separate and authorized by different Acts and Departments. Hemp contains virtually no THC (less than 0.3%); hemp growers and processors must have a permit from the PA Department of Agriculture.

The Medical Marijuana Act, administered by the PA Department of Health, requires all the cannabis for medical use to be grown at a permitted growing/processing facility and the products to be tested before being sold in order to meet specific requirements for purity and standardized chemical concentrations. Both hemp and marijuana plants do contain levels of other compounds of interest, such as cannabinoids like CBD.

Source: Pennsylvania State Gov. website

Is CBD legal in Rhode Island?

With respect to hemp including hemp derivatives, is produced from plants that were tested during the active growing season or after processing as applicable and found to produce industrial hemp having a THC concentration that does not exceed 0.3% on a dry weight basis.

"Industrial hemp" or "hemp" means the plant of the genus cannabis and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration that does not exceed three-tenths percent (0.3%) on a dry-weight basis of any part of the plant cannabis, or per volume or weight of marijuana product or the combined percent of delta-9 tetrahydrocannabinol and tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant cannabis regardless of the moisture content. For purposes of this Part, hemp shall include hemp derivatives such as hemp extractions and concentrates. Pursuant to R.I. Gen. Laws § 2-28.6-4(t) hemp is not medical marijuana.

Industrial hemp grower license and/or an industrial hemp handler license issued by the Department pursuant to the Act and these regulations. A grower license authorizes the licensee to cultivate industrial hemp and a handler license authorizes the licensee to produce hemp or hemp derivatives for processing into commodities, products or agricultural hemp seed. A dual license authorizes both growth and handling.

"Hemp derivatives" means substances derived from hemp including concentrates made from hemp and substances derived through an extraction process.

Source: Rhode Island State Gov. website

Is CBD legal in South Carolina?

Hemp is a fiber and oilseed crop with a wide variety of uses, including twine, rope, paper, construction materials, carpeting, and clothing, and has the potential for use as a cellulosic ethanol biofuel.

Hemp seeds have been used in making industrial oils, cosmetics, medicines, and food.

Hemp and marijuana are genetically different cultivars of the same plant species and are scientifically distinguishable from each other.

Hemp is grown for scientific, economic, and environmental uses while marijuana is grown for narcotic use.

Research and development related to hemp has the potential to provide a cash crop for South Carolina's farmers with broad commercial application that will enhance the economic diversity and stability of our state's agricultural industry."

Source: South Carolina State Gov. website

Is CBD legal in South Dakota?

Governor Kristi Noem today vetoed HB1191 and sent the following message to the South Dakota House of Representatives:

Dear Mr. Speaker and Members of the House of Representatives,

I respectfully return to you House Bill 1191, with my VETO. House Bill 1191 is an Act to legalize the growth, production, and processing of industrial hemp and derivative products in the state.

South Dakota must stand as an example for the rest of the country, not simply go along with others. Our focus must be on leading for South Dakota’s next generation. Our state is not yet ready for industrial hemp.

Foremost among the many defects of this bill are the challenges it creates for law enforcement. HB 1191 complicates law enforcement searches and provides a ready-made defense for those breaking our drug laws. This poorly drafted bill changes the definition of marijuana with little regard for the implications elsewhere in our Code. It would create uncertainty for prosecution under our ingestion statute because the source of THC is placed in doubt when industrial hemp products that contain small amounts of THC, such as cannabidiol or CBD, are legalized. As Governor, I will not leave it to our courts to interpret how this bill impacts our prohibition on the active ingredient in marijuana, and I do not believe the Legislature intended to complicate enforcement of our ingestion statute in this way.

Is CBD legal in Tennessee?

Farm Bill industrial hemp may only be grown as part of a research or pilot project. The 108th General Assembly enacted Public Chapter 916 regarding the growing of industrial hemp in Tennessee. The Act removes industrial hemp from the definition of marijuana in the criminal code. The cultivation of industrial hemp is now available as an option for Tennessee farmers on a limited basis. The Commissioner of the Tennessee Department of Agriculture has promulgated regulations establishing a program of licensing authorized hemp producers.

Sec. 7606. Legitimacy of Industrial Hemp Research contained in the 2014 Federal Farm Bill, which was signed into law Feb. 7, provides for the cultivation of industrial hemp for purposes of research by institutions of higher education or state departments of agriculture in states where it is legal. The interaction of the U.S. Drug Enforcement Agency (DEA) and the provisions of Sec. 7606 is a developing process. As TDA develops Tennessee's industrial hemp program every effort will be made to minimize the impact of federal law on potential hemp producers in Tennessee.

Source: Tennessee State Gov. website

Is CBD legal in Texas?

The 2018 Farm Bill legalized the commercial production of hemp and authorized states to submit state plans to administer hemp programs. On June 10, 2019, House Bill 1325, was signed into law by Governor Greg Abbott. The bill authorizes the production, manufacture, retail sale, and inspection of industrial hemp crops and products in Texas. This also includes products for consumable hemp products which contain cannabidiol (CBD), as well as other edible parts of the hemp plant.

The TDA submitted the state hemp plan to USDA on December 2, 2019 and it was approved by the USDA on January 27, 2020.

The regulation of CBD consumables, including CBD oil, will be handled in accordance with Food and Drug Administration (FDA) guidelines. The state agency with oversight of CBD consumables is the Texas Department of State Health Services (DSHS) and not TDA. Questions regarding those matters should be directed to DSHS.

Source: Texas State Gov. website

Is CBD legal in Utah?

What is Industrial Hemp?

Cannabis Sativa L. that has less than 0.3% THC.

What is Medical Marijuana?

Marijuana is cannabis that contains over 0.3% THC.

How are they the Same and how are they Different?

Industrial Hemp and Medical Marijuana come from the same genus plant. Similar to the difference between Sweet Corn and Field Corn. They are both corn, but the purposes are different. Both products look similar to each other and contain many of the same chemical compounds, however, the concentration of compounds in the two plant species can be vastly different. The legal difference is the amount of Tetrahydrocannabinol (THC) the plant contains. If the cannabis plant contains more than 0.3% THC it is considered Marijuana.

Can I Buy CBD Oil in Utah?

The purpose of the law is to make sure the product being sold is free from harmful contaminants and matches the label requirements. The Department has established rules for the sale and purchase of CBD oil in the state. CBD oil registered with the Department, meeting all testing, labeling and other requirements as established by rule, may be purchased in the State of Utah.

Source: Utah State Gov. website

Is CBD legal in Vermont?

It’s been an historic winter season for Vermont’s farmers. With the passage of the 2018 Farm Bill in Washington D.C. this past November, hemp has become a legal agricultural crop across the country. This is big. After nearly a century of federal law making hemp an illegal crop, the passage of the farm bill opens new, yet familiar doors for Vermont farmers.

Why is this big for Vermont? Since 2014, the Vermont Agency of Agriculture, Food & Markets has been running a hemp research pilot program with the University of Vermont, assisting a small number of farmers with hemp crops. These pilot program initiatives have created a small but viable hemp industry in the state, with nearly 90 growers and 580 acres being grown in 2017, and numerous successful hemp businesses establishing themselves. With the ongoing hemp pilot program, the Agency and UVM have positioned Vermont well to take advantage of the changes to the law.

Source: Vermont State Gov. website

Is CBD legal in Virginia?

On Jan. 15, 2020, VDACS submitted Virginia’s Plan to Regulate Hemp Production to USDA for review and approval. On Feb. 18, 2020, USDA provided VDACS with its feedback on Virginia’s Plan to Regulate Hemp Production and requested that VDACS make specific revisions and resubmit its plan. VDACS will evaluate USDA's final Hemp Production Rule, once it is published, before responding.

The federal government recently delayed the repeal of the authority under which the VDACS is currently administering an agricultural pilot program to study the growth, cultivation, and marketing of industrial hemp. As such, VDACS is able to continue as the primary regulator of hemp production in Virginia until September 30, 2021, and VDACS has advised the USDA that VDACS will continue to operate a hemp agricultural pilot program that meets the requirements outlined in the 2014 federal Farm Bill through this date.

Chapter 745 of the 2020 Acts of Assembly requires VDACS to convene a Work Group to assess the opportunities for development and manufacturing in the industrial hemp industry. The legislation establishes the membership of the Work Group and directs the Work Group to consider the following six areas in its assessment of opportunities for development and manufacturing in the industrial hemp industry: (i) federal and state requirements; (ii) key drivers and challenges; (iii) anticipated job growth and wage expectations; (iv) talent and skill requirements; (v) site and building needs; and (vi) manufacturing companies and supply chain requirements.

Source: Virginia State Gov. website

Is CBD legal in Washington?

"Hemp means the plant Cannabis sativa L. and any part of that plant, including the seed thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis."

"Marijuana" or marihuana" means all parts of the plant Cannabis, whether growing or not, with a delta-9 THC concentration greater than 0.3 percent on a dry weight basis."

Source: Washington State Gov. website

Is CBD legal in West Virginia?

CHARLESTON, W.Va. – West Virginia will continue to operate under the 2014 Farm Bill for the 2021 Hemp Growing Season. The United States Department of Agriculture (USDA) extended the period States could continue to operate under current regulations as federal guidelines are finalized. That means hemp farmers in the Mountain State will see no changes to the current regulations for the upcoming growing season.

Source: West Virginia State Gov. website

Is CBD legal in Wisconsin?

State Assembly lawmakers voted Tuesday to approve updates to hemp regulations in Wisconsin.

The proposal, which was approved by the state Senate last month, re-authorizes hemp growing and makes a number of other technical changes to hemp laws in the state. It now moves to Gov. Tony Evers’ desk for his signature.

Wisconsin legalized industrial hemp in 2017. Hemp is used to make a variety of products, including rope, fabrics, lotions and granola bars.

Supporters of the bill say state law must be updated in the wake of Congress’ action in the 2018 Farm Bill, which called for new federal regulations of the crop across the country.

Source: Wisconsin State Gov. website

Is CBD legal in Wyoming?

The WDA hemp plan was accepted by the USDA on February 20, 2020. The Governor, in consultation with the Wyoming Attorney General’s office, then approved emergency rules drafted by the WDA to initiate a hemp program and start accepting applications prior to the 2020 growing season. These emergency rules were in place until the final rules were promulgated and implemented on August 13, 2020.

Source: Wyoming State Gov. website

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