Where Is CBD Legal in the US?

A continuously evolving political landscape coupled with widespread misinformation has generated a frequently skewed understanding of CBD and its legal standing in the US. Our 2019 guide will help alleviate some of this confusion by discussing the latest CBD laws and which states have legalized it. Here’s where CBD is legal in the US as of April 30, 2019.

Hempindica offers a full range of CBD products, and we ship to all 50 states! Browse our site today to find the best CBD tinctures, edibles, topicals, and much more.

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Cannabidiol (CBD) is a naturally occurring plant-based compound, or cannabinoid, unique to the cannabis sativa L genus. Present in both hemp and cannabis (marijuana) plants, CBD is accredited with a wide range of research-supported therapeutic properties and potential health applications that include (but are not limited to):

  • Pain management
  • Anxiety disorders
  • Depression
  • Sleep disorders
  • Epileptic and non-epileptic seizures
  • Diabetes
  • Neurodegenerative disorders

Not to be mistaken for THC (delta-nine-tetrahydrocannabinol), a cannabinoid famous for its euphoric traits, CBD is a non-intoxicating compound that is capable of providing therapeutic relief with no sedating effect.


In short, yes. CBD is legal in all 50 states. While laws and regulations often vary, the most crucial factor is typically the compound’s extraction source. Despite there being virtually no difference between the molecular makeup of hemp-derived and cannabis-derived CBD, both plants are classified differently in legal terms. Therefore, understanding these key differences is crucial to the safe and legal use of CBD:


Hemp and cannabis both trace their lineage to the cannabis sativa L genus. Despite belonging to the same plant family and sharing many similar visual characteristics, however, both plants have remarkably different applications and functionalities. While cannabis (marijuana) is grown with the intent of producing budding flowers that are typically saturated with THC, hemp is virtually THC free (less than 0.3% as defined by law) and is developed with an emphasis placed upon stalk, stem, and leaf content.


The U.S. Agricultural Improvement Act of 2018 (also commonly referred to as the 2018 Farm Bill), legalized hemp nationwide by reclassifying it as an agricultural commodity and removing it as a Schedule I substance. It’s important to note that this law does not pertain to cannabis-derived CBD, which will remain illegal for all intents and purposes.

The law does effectively legalize CBD derived from the hemp plant, so long as the following regulations have been met:

  • Compliant with both federal and state laws
  • Contains less than 0.3% THC
  • Sourced from hemp that was grown and harvested by a certified farmer

All prior federal restrictions placed upon hemp and its derived products are additionally lifted. This means that the sale, possession, and transportation of hemp-derived CBD is now legal and protected under the Agricultural Improvement Act of 2018, so long as federal and state regulations are adhered to.


The Agricultural Improvement Act of 2018 DOES NOT pertain to the cannabis plant or to any of its byproducts. This means that cannabis-derived CBD remains a Schedule I controlled substance and illegal under federal law for all intents and purposes. Despite this, many states have passed legislation that legalizes cannabis and cannabis-derived CBD by extension.


Hemp-derived CBD is legal in all 50 states, as long as it meets the regulations noted above. All CBD products sold at Hempindica meet these regulations and can be shipped legally to all 50 US states!

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It’s a different story when it comes to cannabis-derived CBD. While we don’t sell cannabis-derived CBD products here at Hempindica, we know that many of our readers are interested in its legality. Read on for an inclusive list of all states that currently permit cannabis-derived CBD for both medicinal and recreational use.


As of April 30, 2019, the following states have legalized cannabis and cannabis-derived CBD for recreational use, meaning that you do not need a doctor’s recommendation or medical marijuana card to partake.

  • Alaska
  • California
  • Colorado
  • Maine
  • Massachusetts
  • Michigan
  • Nevada
  • Oregon
  • Vermont
  • Washington


As of April 30, 2019, the following states have legalized cannabis and cannabis-derived CBD for medicinal use. You will typically require a doctor’s recommendation as well as a state-issued medical marijuana card for legal use. Keep in mind that qualifying conditions may vary.

  • Alabama
  • Alaska
  • Arizona
  • Arkansas
  • California
  • Colorado
  • Connecticut
  • Delaware
  • Florida
  • Georgia
  • Hawaii
  • Illinois
  • Indiana
  • Iowa
  • Kentucky
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Mississippi
  • Missouri
  • Montana
  • Nevada
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • Tennessee
  • Texas
  • Utah
  • Vermont
  • Virginia
  • Washington
  • West Virginia
  • Wisconsin
  • Wyoming



Properly extracted hemp-derived CBD is protected under the Agricultural Improvement Act of 2018 and is legal in all 50 states.

While federal legislation does not extend to cannabis-derived CBD, several states have legalized cannabis and its byproducts for medicinal and/or recreational use. Laws and regulations vary by state, so use extreme caution before purchasing and consuming a cannabis-derived CBD product.


Here at Hempindica, all of our products are 100% THC free, legal in all 50 states, and made using federally compliant hemp-derived CBD. Begin your CBD regimen with an extensive selection of great CBD-infused products that include isolates, capsules, gummies, topicals, and many other great options. Browse our site by category to find your ideal supplements!

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