The laws around CBD can feel confusing, especially now that new federal rules are on the way. Many people wonder things like “Is CBD oil legal in the USA?”, “Is full spectrum CBD legal?”, or even “Is CBD oil legal in all 50 states?” The answer is yes — CBD is legal in most of the United States, but there are important limits based on how the product is made and how much tetrahydrocannabinol (THC) it contains.
This guide breaks the laws down in simple terms so you can understand what is legal today, what will change in the future, and how these changes affect CBD products derived from hemp.
What Is CBD?
CBD, or cannabidiol (CBD), is a natural compound found in the cannabis sativa plant. When CBD is derived from hemp, it comes from plants that contain very low levels of THC — less than 0.3% THC by dry weight. THC is the compound that causes a “high,” and products with high THC are treated as THC products under the Controlled Substances Act.
Hemp and marijuana both come from part of the cannabis family, but they are not the same:
- Hemp has high CBD and very low THC.
- Marijuana has high THC and is still restricted under federal law.
CBD is not intoxicating, and CBD oil with THC legal limits will not cause a high when the product follows federal guidelines.
Where Does CBD Come From?
CBD is taken from the stalks, leaves, and flowers of hemp plants. Hemp seeds, on the other hand, are used to make hemp seed oil, which contains no CBD and no THC. Because CBD comes from hemp, the legality of CBD has always been tied closely to how hemp is regulated at the federal level.
Benefits of CBD
CBD interacts with the body’s endocannabinoid system, which helps maintain balance in areas like sleep, mood, and discomfort levels. For true benefits, the key is dosage. While more research is needed, studies suggest CBD may:
- Support better sleep
- Help with everyday discomfort
- Promote a calmer mood
CBD comes in options like oils, gummies, capsules, and topicals. Always talk to a healthcare professional before starting any supplement, especially if you take other medications.
The 2018 Farm Bill — What It Used to Mean
For years, CBD laws were shaped by the 2018 Farm Bill, which made hemp and hemp-derived CBD legal in the United States as long as the product contained: Less than 0.3% Delta-9 THC by dry weight
This is what allowed CBD to be sold nationwide and why you saw so many full spectrum CBD products containing small, naturally occurring amounts of THC.
Under this bill, many people assumed CBD was legal everywhere — and in general, CBD is legal as long as it meets federal requirements. But things are changing again.
New 2025–2026 Federal Law: What’s Changing?
In November 2025, a new rule was signed into federal law to close several loopholes in the hemp industry. These changes affect how CBD, THC, and other hemp-derived cannabinoids will be regulated in the future.
The new rules take full effect in November 2026.
Here’s what will change:
1. Total THC Cap (Major Change)
Instead of using the 0.3% THC measurement, the new law sets a limit of 0.4 milligrams of Total THC per container.
This includes all forms of THC:
- Delta-9
- Delta-8
- Delta-10
- THC-O
- Any THC isomers
This change is important because most full spectrum CBD products naturally contain more than 0.4 mg THC per bottle. Unless companies reformulate, many of these products may no longer be legal at the federal level. This will directly affect whether full spectrum CBD is legal after 2026.
2. Synthetics Are Banned
Any cannabinoids made through chemical conversion — like Delta-8 and Delta-10 — will no longer be legal at the federal level.
3. One-Year Grace Period
Until November 2026, the rules of the 2018 Farm Bill still apply.
Right now:
- CBD oil is legal in the USA if it stays under the 0.3% THC limit
- CBD oil with THC legal limits varies by state-level laws
- Full spectrum CBD is still sold legally in most states until the new law takes effect
But long-term, the safest legal options will likely be:
- Broad spectrum CBD (0.0% THC)
- CBD isolate (pure CBD)
These products already fit future requirements.
Is CBD Oil Legal in All 50 States?
At the moment, CBD is legal in all 50 states, but every state has its own rules about how CBD can be sold. Some states require testing, licensing, or specific labeling. A few states have stricter rules about products including THC, even tiny amounts.
Because state rules differ, the question “Is CBD oil legal in all 50 states?” doesn’t always have a simple yes or no. Let's go over the legal status of CBD in each state.
| STATE | CBD Legal Status | Additional Details |
| Alabama | Legal with conditions | For CBD products exceeding 0.3% THC is legal with medical cannabis card. Other CBD products with 0.3% THC and lower are legal. |
| Alaska | Legal | All CBD products are legal |
| Arizona | Legal | All CBD products are legal |
| Arkansas | Legal with conditions | For CBD products exceeding 0.3% THC is legal with medical cannabis card. Other CBD products with 0.3% THC and lower are legal. |
| California | Legal | Hemp derived CBD products are illegal, but marijuana derived CBD products are legal. This isn't really enforced, but there are those looking to rectify this law. |
| Colorado | Legal | All CBD products are legal |
| Connecticut | Legal | All CBD products are legal |
| Delaware | Legal with conditions | Marijuana derived CBD products exceeding 0.3% THC are legal with a medical cannabis card. Other Hemp derived CBD products with 0.3% THC and lower are legal. |
| Florida | Legal with conditions | Hemp derived CBD products legal, but Marijuana derived CBD products are not. |
| Georgia | Legal with conditions | Marijuana derived CBD products exceeding 0.3% THC are legal with a medical cannabis card. Hemp-derived CBD products must comply with a “total THC” limit |
| Hawaii | Legal with conditions | Hemp derived CBD products legal, but Marijuana derived CBD products are not. |
| Idaho | Legal with conditions | All CBD products are allowed as long as no traceable THC is found. |
| Illinois | Legal | All CBD products are legal |
| Indiana | Legal with conditions | All CBD products are allowed as long as they contain less than 0.3% THC. |
| Iowa | Legal with conditions | Marijuana derived CBD products exceeding 0.3% THC are legal with a medical cannabis card. Other CBD products are legal with 0.3% THC or less. |
| Kansas | Legal with conditions | Marijuana derived CBD products exceeding 0.3% THC are legal with a medical cannabis card. All CBD products are legal as long as the THC content is 5% or less. |
| Kentucky | Legal with conditions | Hemp derived CBD products legal, but Marijuana derived CBD products are not. |
| Louisiana | Legal with conditions | Hemp derived CBD products legal, but Marijuana derived CBD products are only allowed with medical marijuana card. |
| Maine | Legal | All CBD products are legal |
| Maryland | Legal with conditions | Hemp derived CBD products legal, but Marijuana derived CBD products are only allowed with medical marijuana card. |
| Massachusetts | Legal | CBD Oil with less than 0.3% THC is fully legal for adults age 21 and up. For adults 18 to 20 years old to use CBD they must have a medical cannabis card. |
| Michigan | Legal | All CBD products are legal |
| Minnesota | Legal with conditions | Marijuana derived CBD is legal with medical marijuana card. Hemp derived CBD oil is fully legal. |
| Missouri | Legal with conditions | CBD Oil with more than 0.3% THC is legal with medical cannabis card. Other CBD oil with less than 0.3% is legal. |
| Montana | Legal | All CBD products are legal |
| Nebraska | Legal with conditions | Hemp derived CBD products legal, but Marijuana derived CBD products are not. |
| Nevada | Legal | All CBD products are legal |
| New Hampshire | Legal with conditions | Marijuana derived CBD is legal with medical marijuana card. Hemp derived CBD oil is fully legal. |
| New Jersey | Legal | All CBD products are legal |
| New Mexico | Legal with conditions | Marijuana derived CBD is legal with medical marijuana card. Hemp derived CBD oil is fully legal. |
| New York | Legal | All CBD products are legal |
| North Carolina | Legal with conditions | Marijuana derived CBD oil is legal with medical marijuana card. Hemp derived CBD is fully legal. |
| North Dakota | Legal with conditions | Marijuana derived CBD is legal with medical marijuana card. Hemp derived CBD oil is fully legal. |
| Ohio | Legal with conditions | Marijuana derived CBD is legal with medical marijuana card. Hemp derived CBD oil is fully legal. |
| Oklahoma | Legal with conditions | Marijuana derived CBD is legal with medical marijuana card. Hemp derived CBD oil is fully legal. |
| Oregon | Legal | All CBD products are legal |
| Pennsylvania | Legal with conditions | CBD Oil with more than 0.3% THC is legal with medical cannabis card. Other CBD oil with less than 0.3% is legal. |
| Rhode Island | Legal with conditions | CBD Oil with more than 0.3% THC is legal with medical cannabis card. Other CBD oil with less than 0.3% is legal. |
| South Carolina | Legal with conditions | CBD Oil with more than 0.9% THC is legal with medical cannabis card. Other CBD oil with less than 0.3% is legal. |
| South Dakota | Legal with conditions | Marijuana derived CBD is fully illegal. All forms of CBD oil are illegal under current state law. Except for prescription Epidiolex. |
| Tennessee | Legal with conditions | CBD Oil with more than 0.9% THC is legal with medical cannabis card. Other CBD oil with less than 0.3% is legal. |
| Texas | Legal with conditions | CBD Oil with up to 1% THC is legal. |
| Utah | Legal with conditions | Marijuana derived CBD is legal with medical marijuana card. Hemp derived CBD oil is fully legal. |
| Vermont | Legal | All CBD products are legal |
| Virginia | Legal | All CBD products are legal |
| Washington | Legal | All CBD products are legal |
| West Virginia | Legal with conditions | Marijuana derived CBD is legal with medical marijuana card. Hemp derived CBD oil is fully legal. |
| Wisconsin | Legal with conditions | Marijuana derived CBD is legal with medical marijuana card. Hemp derived CBD oil is fully legal. |
| Wyoming | Legal with conditions | Hemp derived CBD oil is fully legal, but Marijuana derived CBD oil is illegal. |
What About FDA Approval?
The Food and Drug Administration (FDA) has not officially approved CBD for general use. The only FDA-approved CBD medication is for rare seizure disorders. Because CBD is not fully approved, the FDA does not allow companies to market CBD as a treatment or cure.
The Drug Administration FDA continues to review safety data, but until full FDA approval is granted, CBD will remain regulated as a supplement at the federal level.
Sum It Up
So, is CBD oil legal in the USA? Yes — CBD is legal at the federal level, and it is available in all 50 states when the THC content falls within legal limits. But major changes are coming:
- Full spectrum CBD may no longer be legal after November 2026 if it cannot meet the new “0.4 mg THC per container” rule.
- Broad spectrum and CBD isolate will remain the safest long-term options.
- State laws still matter, so always check local rules before buying.
CBD may help with sleep, mood, and everyday discomfort, but always choose trustworthy brands that follow federal and state laws.
Why Buy From GreenIVe?
Buy CBD products made by GreenIVe. GreenIVe products are made with high-quality hemp-derived CBD oil. Each product is third-party tested and expected. Depending on which state you live in, we have CBD products that meet specific state regulations. Start a chat or visit our list of products to start your CBD journey today.
GREENIVE CBD PRODUCTS
The statements made regarding these products and the potential benefits of CBD have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure, or prevent any disease.
All information presented here is not meant as a substitute for or alternative to information from healthcare practitioners. Please consult your healthcare professional about potential interactions or other possible complications before using any product. The Federal Food, Drug, and Cosmetic Act requires this notice.
