Hemp Laws: Cultivation, Possession, State-by-State
05 Aug 2020-
When the Farm Bill passed in 2018, it legalized growing hemp as an agricultural product, removing it from the Controlled Substances Act (CSA). The bill defined hemp as the plant species Cannabis sativa L. with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis. In easier terms, this means that it became legal to grow hemp as long as it didn’t have more than 0.3% THC, so it can’t make anyone high.
To date, 49 states have passed legislation to allow for the cultivation of hemp for research or to establish hemp production programs. Possession of hemp-derived CBD products also varies from state to state. This is because the Farm Bill leaves it to the individual states to legalize possession of hemp products.
Idaho prohibits the cultivation of hemp and Washington D.C. has no established industrial hemp program. Mississippi, long a hold-out, passed legislation in June 2020 allowing for the cultivation of hemp. South Dakota, also one of the last states to approve hemp, passed legislation in March 2020 allowing for cultivation.
Here’s a state-by-state breakdown of U.S. hemp laws:
- Alabama – CBD products from hemp are legal, but it is illegal for growers and processors to work with industrial hemp in Alabama without a permit.
- Alaska – The use of CBD Oil in Alaska is legal so long as it is derived from the industrial hemp plant.
- Arizona – The hemp-derived CBD extract found in industrial hemp is legal in Arizona.
- Arkansas – Hemp-derived CBD is completely legal for recreational usage.
- California – CBD derived from industrial hemp is legal in California but it is not an approved food additive, and therefore it cannot be added to human or animal foods.
- Colorado – CBD oil from hemp is currently legal in the state of Colorado and hemp can be used as a food additive.
- Connecticut – CBD oil from hemp is legal in Connecticut but CBD oil from marijuana requires enrollment in the state’s medical marijuana program.
- Delaware – CBD oil derived from hemp is legal in Delaware, with CBD products available for purchase throughout the state.
- Florida – Hemp-derived CBD oil is legal in Florida and medical marijuana patients have access to CBD oil with higher levels of THC.
- Georgia – CBD oil derived from hemp is legal in the state of Georgia.
- Hawaii – CBD oil derived from hemp is legal in Hawaii, but you must be 18 years or older to purchase it. It is available without a physician’s recommendation and can be purchased directly from a dispensary. Patients who need CBD oil for pain relief and are seeking higher levels of THC must get a physician’s prescription.
- Illinois – The state legalized all parts of hemp only if they contain less than 0.3% THC. so CBD from hemp is legal in Illinois.
- Indiana – Hemp-derived CBD is legal in Indiana and consumers can enjoy access to CBD products derived from hemp that contain no more than 0.3% THC by weight.
- Iowa – Industrial hemp-derived CBD oil is legal for all Iowa residents if it contains less than 0.3 percent THC. CBD oil derived from cannabis plants other than hemp is still considered illegal in Iowa and is not available even with a prescription.
- Kansas – Hemp-derived CBD products are legal in the state of Kansas. Residents can possess and use any quantity of CBD products.
- Kentucky – CBD from hemp is legal in Kentucky. The extract should only contain 0.3 percent THC content and must be derived from industrial hemp.
- Louisiana – Hemp plants with less than 0.3 percent THC are legal in Louisiana. Products derived from legal hemp plants are also legal in the state, including CBD oil and other hemp CBD products.
- Maine – Hemp-derived CBD and cannabis-derived CBD are both legal in Maine. CBD can also be used as an additive in food or beverages.
- Maryland – Hemp-derived CBD oil within the FDA’s requirements is fully legal in Maryland.
- Massachusetts – CBD oil from hemp is legal but Massachusetts regulators have banned the sale of some hemp products, including foods infused with CBD and dietary supplements. It also prohibits CBD products that make therapeutic/medicinal claims, animal feed with hemp, and the sale of unprocessed or raw plant material to consumers.
- Michigan – CBD derived from cannabis and hemp is legal in Michigan. CBD oil is prohibited from being marketed as a dietary supplement or used as an additive in food or beverage products following current FDA regulations.
- Minnesota – CBD oil from hemp is legal in Minnesota and can be legally sold under Minnesota state law only if it only contains trace amounts of THC.
- Mississippi – CBD oil from hemp is legal but the products that are sold must adhere to strict state restrictions. A state law requires CBD products to contain at least 50 milligrams of CBD per milliliter, with no more than 2.5 milligrams of THC per milliliter. The product must have a minimum ratio of 20:1 CBD to THC.
- Missouri – Products derived from CBD oil from hemp are widely sold in Missouri but the state’s hemp laws don’t specifically state that CBD is legal. The state has a medical marijuana program and appears to be moving towards legalization.
- Montana – CBD oil is available in Montana but is prohibited in food, beverages, and dietary supplements.CBD derived from cannabis is only available to those registered in the state’s medical marijuana program.
- Nebraska – CBD from hemp oil is legal in Nebraska as long as it contains 0.3 percent or less THC.
- Nevada – The sale of CBD oil from hemp is allowed under Nevada law. The sale of CBD-infused foods and dietary supplements is strictly prohibited in the state, the sale of other categories of products, such as CBD-infused smokables and cosmetics, is not authorized nor prohibited.
- New Hampshire – CBD extracted from agricultural hemp is legal, as long as it contains less than 0.3 percent THC or less.
- New Jersey – Hemp-derived CBD is much more widely available in New Jersey, plus it’s legal to buy and use for people outside the medical marijuana program.
- New Mexico – Hemp-derived CBD is legal in New Mexico, while marijuana-derived CBD is permitted for qualifying patients registered with the state’s medical marijuana program.
- New York – CBD oil from hemp is legal for purchase in New York.
- North Carolina – Hemp-derived CBD with less than 0.3 percent THC is legal in North Carolina.
- North Dakota – CBD products derived from industrial hemp are legal in North Dakota. Patients with qualifying medical conditions can access medical cannabis products, including CBD derived from marijuana.
- Ohio – CBD oil from hemp is legal in Ohio.
- Oklahoma – CBD products that are derived or extracted from industrial hemp sources have been formally legal in the state since 2015. Marijuana-derived CBD is only legal for medical cannabis patients.
- Oregon – CBD oil from hemp is legal in Oregon.
- Pennsylvania – CBD oil and other CBD products are legal and widely available in Pennsylvania. The state legalized medical marijuana and launched its Industrial Hemp Pilot Program in 2016. The state also has a medical marijuana program, including a Medical Marijuana Program Fund, a Medical Marijuana Advisory Board, and a research program.
- Rhode Island -. The Industrial Hemp Growth Act authorizes the sale of hemp-derived consumable CBD products containing 0.3 percent THC or less.
- South Carolina – CBD oil, provided it is derived from hemp, is legal in South Carolina.
- South Dakota – Industrial hemp and CBD oil are now legal in South Dakota.
- Tennessee – Because hemp is legal in Tennessee, CBD oil from hemp is also legal.
- Texas – Possession of CBD is legal in Texas, as long as it falls under the 0.3 percent THC threshold. The Texas CBD medical program allows CBD with 0.5 percent THC for patients with a medical card.
- Utah – Legal possession of hemp extract, or CBD oil, containing less than 0.3 percent THC no longer requires a hemp extract registration card.
- Vermont – Hemp and CBD products derived from hemp may be legally sold in Vermont.
- Virginia – CBD oil from hemp is legal in Virginia.
- Washington – CBD from hemp is legal but Washington banned the sale of hemp-derived CBD in food and beverage products in line with current policies from the U.S. Food and Drug Administration. Edible CBD products can now only be sold only in licensed retail marijuana dispensaries.
- Washington D.C. – CBD oil from hemp is legal in DC as long as it contains less than 0.3% THC. CBD oil derived from non-hemp products is legal in Washington DC but can only be obtained at a state-registered dispensary.
- West Virginia – CBD oil from hemp is legal in West Virginia.
- Wisconsin – CBD from hemp is legal in Wisconsin.
- Wyoming – CBD oil from hemp that contain less than 0.3 percent THC by weight are legal to use and possess.
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