CBD Legality in the United States: A Comprehensive Guide

Cannabidiol (CBD) is a compound found in the cannabis plant that has been gaining popularity in recent years due to its potential therapeutic benefits. While 36 states and Washington D. C. have legalized medical marijuana, the remaining 14 states have passed laws that allow the use of CBD extract, usually in oil form, with little or no tetrahydrocannabinol (THC) and often for the treatment of epilepsy or seizures in seriously ill children.

Currently, 47 of the 50 United States, as well as the District of Columbia, have legalized the sale and use of hemp-derived CBD products. However, some states have restrictions on which CBD products can be sold. In Idaho, for example, any hemp-derived CBD product must contain 0% THC and be classified as “not marijuana” under Idaho Code § 37-2701 (t). In other words, cannabis-derived CBD is still in a legal gray area in most states.

Medical marijuana cardholders may not face the same restrictions in every state. For instance, some states allow cannabis-based CBD without a medical exemption while other states require a medical exemption. Idaho, Nebraska and South Dakota are the only states where cannabis-derived CBD is illegal. It's important to note that CBD oil may have mild psychoactive effects due to its THC content, but it is not considered a psychoactive substance to the same extent as THC.

In most states, CBD products should not contain more than 0.3% THC. Experience the benefits of CBD products and the entire cannabis plant with a medical marijuana card. Contact qualified Leafwell doctors and we'll meet with you in our virtual clinic to begin your path to obtaining an MMJ card.Cannabis laws vary widely around the world, with some countries having legal recreational use and others keeping it illegal. To make things easier for you, here are five of the most universal regulations on cannabis in the U.


  • CBD is legal in all 50 states; however, the law is different from state to state.
  • Hemp-based CBD oil and other hemp products are fully legal in most states.
  • Cannabis-based CBD products are not legal in most states.
  • In Idaho, any hemp-derived CBD product must contain 0% THC.
  • In Nebraska and South Dakota, cannabis-derived CBD is illegal.
If CBD is allowed to be marketed and regulated as health supplements, all sellers who sell fake or dangerous products will immediately disappear from the industry. The reason why CBD has so many uses is due to its ability to interact with this centrally regulated endocannabinoid system. In short, CBD is federally legal in the United States as long as it comes from hemp and contains no more than 0.3%. In every conditionally legal state, you can expect it to be a little more difficult to find hemp-derived CBD products locally.

Tonia Kilcullen
Tonia Kilcullen

Freelance social media practitioner. Lifelong writer. Typical social media specialist. Award-winning internet advocate. Devoted beer scholar.