CBD has been federally legal since late 2018—if it’s hemp derived. But you should also look at your state legal status.
The chart below applies to unlicensed CBD products only. State-licensed CBD products sold in medical cannabis stores operate under different rules.
| State | Is CBD legal? | Limitations |
| Alabama | Yes | None |
| Alaska | Yes | No food/beverage |
| Arizona | Yes | No food/beverage |
| Arkansas | Yes | No food/beverage |
| California | Yes | No food/beverage |
| Colorado | Yes | No baked goods |
| Connecticut | Yes | Food/beverage must be registered |
| Delaware | Yes | Hemp grower must be affiliated with Delaware State University |
| Florida | Yes | Label guidelines |
| Georgia | Yes | No food/beverage |
| Hawaii | Yes | None |
| Idaho | No | Illegal in every form |
| Illinois | Yes | None |
| Indiana | Yes | Label guidelines |
| Iowa | No | Illegal in every form |
| Kansas | Yes | No food/beverage |
| Kentucky | Yes | CBD tea not allowed |
| Louisiana | Yes | Unclear |
| Maine | Yes | Only if CBD extracted from licensed Maine hemp grower |
| Maryland | Yes | Unclear |
| Massachusetts | Yes | Food/beverage requires purity testing |
| Michigan | Yes | No food/beverage |
| Minnesota | Yes | No food/beverage |
| Mississippi | Yes | Must be at least 20 |
| Missouri | Yes | Sales require state registration. |
| Montana | Yes | No food/beverage |
| Nebraska | Yes | No food/beverage |
| Nevada | Yes | No food/beverage. CBD sales allowed in cannabis stores only |
| New Hampshire | Yes | TBD |
| New Jersey | Yes | None |
| New Mexico | Yes | None |
| New York | Yes | No food/bev; purity testing required |
| North Carolina | Yes | No food/beverage |
| North Dakota | Yes | None |
| Ohio | Yes | None |
| Oklahoma | Yes | None |
| Oregon | Yes | Label guidelines |
| Pennsylvania | Yes | No food/beverage, Label guidelines |
| Rhode Island | Yes | Label guidelines |
| South Carolina | Yes | No food/beverage |
| South Dakota | No | Illegal in every form |
| Tennessee | Yes | None |
| Texas | Yes | Label guidelines |
| Utah | Yes | Registration required for sales |
| Vermont | Yes | Not in meat or dairy. |
| Virginia | Yes | None |
| Washington | Yes | No food/beverage |
| West Virginia | Yes | No food/beverage |
| Wisconsin | Yes | No food/beverage |
| Wyoming | Yes | None |
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Well, according to my research Both hemp-derived and marijuana-derived CBD are legal at varying levels in a majority of the United States. But there are certain states where marijuana-derived CBD is strictly prohibited and even hemp-derived CBD is a bit of a gray area.