Click on each state for more information
WY
WA
UT
OR
NM
NV
MT
ID
HI
CO
CA
AZ
AK
WV
VA
TN
SC
OK
NC
MS
DC
LA
KY
GA
FL
DE
AR
AL
TX
WI
SD
OH
ND
NE
MN
MI
IN
IA
IL
MO
KS
VT
NY
NH
ME
RI
NJ
MA
CT
PA
CBD State Legal Status
Cannabis State Legal Status
CBD State Legal Status
Cannabis State Legal Status
Fully Legal
Conditionally Legal
Conditionally legal
Legal Status
Alabama
CBD, or cannabidiol, is a non-psychoactive compound in cannabis. Unlike THC, CBD does not produce a “high” and is often used for its potential health benefits. Federally, CBD from hemp (less than 0.3% THC) is legal, but CBD from cannabis is not. This distinction is called a "source rule" because CBD itself is not identified on the Controlled Substance Act schedule. Selling non-FDA-approved CBD products is illegal, and CBD can’t be added to food or drinks due to the drug exclusion rule.
The 2018 Farm Bill legalized industrial hemp, making hemp-based CBD federally legal. However, state laws vary widely, with some states banning all cannabis products and others allowing medical CBD use. The legality of CBD depends on the product type and its source. This variance is outlined in greater detail in the chart below.
Hemp-derived CBD oil is legal in Alabama if its THC limit is 0.3% or less. CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions.
Details
Alabama Act 2016-293 (https://alison.legislature.state.al.us/summaries-2016-general-acts#act2016293)
Regulations
https://alabamacannabis.org/cbd
Resources
Hemp CBD oil is completely legal in Alabama. It is important that the CBD products you buy only contain 0.3% THC. Otherwise, it will be considered illegal. This link is also helpful: https://cfah.org/cbd-oil-alabama/
Additional Information
Alaska
Fully legal
Legal Status
It is legal to buy and use CBD in Alaska, provided it does not contain more than 0.3% of THC. This has become a common rule among many other states following the 2018 Farm Bill.
Details
Senate Bill 27 (https://www.akleg.gov/basis/Bill/Text/32?Hsid=SB0027A)
Regulations
https://alaskastatecannabis.org/cbd
https://plants.alaska.gov/industrialhemp.htm
Resources
Since the 2018 Farm Bill, no Alaska state bill has been introduced to regulate hemp-derived CBD within the state’s borders. Nonetheless, Alaska is now supporting legislation allowing industrial hemp cultivation on the state’s soil.
The 2018 Farm Bill expanded the use of hemp-related products. Alaska proposed rules on hemp and hemp-derived CBD products after the passage of the Farm Bill. While the state proposed the rules in May 2019, they have not yet been finalized and have not been accepted as law.
Additional Information
Arizona
Fully legal
Legal Status
Per Arizona Senate Bill 1098, residents of the State of Arizona may produce and cultivate industrial hemp within the confines of the law. However, the CBD market is unregulated in the state. In Arizona, both hemp and cannabis-derived CBD is considered legal.
Details
Senate Bill 1098 amended the Arizona Revised Statutes Title 3 Chapter 2.
Regulations
https://agriculture.az.gov/plantsproduce/industrial-hemp-program
https://arizonastatecannabis.org/cbd
Resources
In May 2018, the Arizona State Legislature legalized industrial hemp when it approved SB 1098. This bill legalizes the use of hemp and all its parts, including CBD.
Arizona laws do not currently limit the quantity of CBD oil and other CBD products residents may possess. However, per the Medical cannabis Act, there are cannabis-derived CBD products possession limits for registered and qualified medical patients. All patients may not purchase more than 2.5 ounces of cannabis-derived CBD products over 14 days. There is no age limit for the use of hemp-derived CBD products in Arizona.
CBD became federally legal by passing the 2018 Farm Bill in December 2018. This bill legalizes industrial hemp, provided that it contains no more than 0.3% THC.
These two bills make it fully legal for Arizonans to consume CBD products without fear of prosecution from the law. This also means that residents in Arizona can now purchase any hemp-derived CBD product even without their doctor’s prescription, as long as the THC content of the product doesn’t exceed the THC limit.
Additional Information
Arkansas
Conditionally legal
Legal Status
Cannabis-derived CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions.
Details
Arkansas Hemp Production Act of 2021
Regulations
https://arkansascannabis.org/cbd
https://www.agriculture.arkansas.gov/plant-industries/feed-and-fertilizer-section/hemp-home/hemp-program-rules-the-law/
https://agriculture.arkansas.gov/plant-industries/feed-and-fertilizer-section/hemp-home/restrictions-on-sale-or-transfer/
Resources
Cannabis-Derived CBD OilThe Arkansas Medical cannabis Act permits patients with a doctor’s recommendation to buy and possess cannabis from the state-licensed dispensaries legally. A patient that wants to apply for a medical cannabis recommendation must be 21 years or older and suffer from one or more qualifying conditions. Cannabis and its derivatives cannot contain over 10 mg of THC.
But, if you want to buy CBD oil derived from cannabis in Arkansas, you need to apply for a doctor’s recommendation and then visit a dispensary to choose the product that suits your condition.
It’s important to note that only medical cannabis patients can legally possess cannabis CBD oil in Arkansas. Possession for recreational purposes remains illegal and is charged with various punishments, from fines to even 10 years in prison.
Hemp-Derived CBD OilAs opposed to cannabis-derived CBD oil, hemp-derived CBD is completely legal in Arkansas. Hemp CBD oil falls under the 2018 Farm Bill, which legalized the use and cultivation of industrial hemp. The bill makes hemp legal on the federal level unless the in-state law states otherwise. Currently, no Arkansas state legislation has been introduced to regulate hemp-derived CBD oil.
Additional Information
California
Fully legal
Legal Status
Hemp-derived CBD edibles are not legal in the state, but cannabis-derived CBD edibles are. This does seem to be strictly enforced and legislation has been proposed to remove this restriction.
Details
Assembly Bill 45
Regulations
https://cannabis.ca.gov/cannabis-laws/laws-and-regulations/
https://californiacannabis.org/cbd
Resources
Both hemp and cannabis produce CBD, and in California, both of these CBD sources are legal. The 2018 Farm Bill finally gave Californians legal access to hemp-derived CBD products. On a federal level, this bill allowed the cultivation and use of industrial hemp and all its parts, provided that hemp was produced in compliance with federal laws and contains no more than 0.3% THC level.
California then aligned its laws with the federal government and allowed its residents access to CBD. Prescriptions, recommendations, or doctor’s letters aren’t needed when you buy hemp-derived CBD oil in California.
You can also buy cannabis-derived CBD oil even without a doctor’s prescription or recommendation. The state’s recreational cannabis laws allow you to buy cannabis if you’re of legal age.
Additional Information
Colorado
Fully legal
Legal Status
Because of the current legislative framework for cannabis, both cannabis and hemp-derived CBD oil is available to medical and recreational consumers.
Details
Article 18, Section 14 of the State Constitution in 2000, Amendment 64
Regulations
https://coloradocannabis.org/cbd
https://www.coloradosos.gov/CCR/GenerateRulePdf.do?ruleVersionId=9899
Resources
Buying Cannabis CBD OilTo buy cannabis-derived CBD oil for medical purposes, you need a recommendation or MMJ card from your doctor. Once you’ve obtained it, you can buy cannabis CBD oil in Colorado in both medical and recreational dispensaries.
Buying Hemp CBD OilSince hemp-derived CBD oil is not considered a medicine, it’s not regulated by FDA and falls under the category of food supplements. Therefore, you don’t need a prescription to buy it.
Additional Information
Connecticut
Conditionally legal
Legal Status
The sale of hemp-derived CBD is legal in Connecticut. CBD derived from cannabis can only be taken by cannabis patients under the Connecticut Medical Cannabis Program. So, if a person needs CBD medications with high THC content, they must sign up for the state’s medical cannabis program.
Details
Public Act 15-202
Senate Bill 603
Public Act 19-3
Regulations
https://www.cga.ct.gov/2019/rpt/pdf/2019-R-0186.pdf
https://portal.ct.gov/-/media/DCP/Hemp/CBD-HempFAQs_DCP.pdf
https://connecticutstatecannabis.org/cbd
Resources
Age LimitYou must be over the age of 18 to buy CBD in Connecticut. This rule applies to both hemp-derived and cannabis-derived CBD products. This age restriction makes CBD inaccessible to minors in Connecticut.
Possession LimitsThere are no possession limits for hemp-derived CBD in Connecticut. However, a person with a medical cannabis card can only purchase up to 2.5 ounces of cannabis-based CBD products within a 30-day period.
Cannabis-derived CBD oil is only allowed for medical purposes while hemp derived CBD oil should follow the below 0.3% THC limit.
Additional Information
Delaware
Conditionally legal
Legal Status
Cannabis-derived CBD oil legal for both adults and minors under 18 with a medical cannabis license. CBD from hemp is legal in Delaware. Following the federal guidelines stated in the 2018 Farm Bill. The state allows CBD from hemp with a content of less than 0.3% THC to be sold and used within the state.
Details
2018 Delaware Industrial Hemp Act (Senate Bill 266)
2020 Medical Marijuana Code
Regulations
https://agriculture.delaware.gov/plant-industries/hemp-program/
https://delawarestatecannabis.org/cbd
Resources
Healthcare practitioners licensed in Delaware can prescribe CBD oil containing more than 0.3% to patients with qualifying medical conditions. Such state-licensed practitioners may be Doctors of Osteopathic Medicine, APRNs (Advanced Practice Registered Nurses), or PAs (Physician Assistants). According to the Delaware Medical Marijuana Program, doctors may complete health care practitioner certifications if they find that their patients will benefit from using marijuana products such as CBD oil.
The new recreational marijuana legislation allows Delaware residents to possess marijuana-derived CBD oil without doctors’ prescriptions. Also, marijuana consumers do not need medical recommendations to buy hemp-derived CBD oil with no more than 0.3% THC.
Additional Information
MD
District of Columbia
Fully legal
Legal Status
CBD oil is legal in Washington D.C., provided its possession and use are within the stipulated limits. Washington D.C. permits residents to use, possess, and sell hemp-derived CBD oil, provided the THC content in the products does not exceed 0.3%.
Details
To date, no specific CBD laws have been enacted in Washington D.C. Despite the 2018 Farm Bill's passage, D.C. has yet to implement an industrial hemp program.
Regulations
https://washingtondccannabis.org/cbd
Resources
Hemp-Derived CBD Oil In Washington, D.C., buying hemp CBD oil is legal as long as the manufacturing company falls under the 7607 of the 2018 Farm Bill. Hemp CBD products contain only trace amounts of THC, which makes the hemp-derived CBD oil non-psychoactive.
Cannabis-Derived CBD OilIf you want to buy cannabis-derived CBD oil in Washington, D.C., you need to apply for a medical marijuana card. If you suffer from one of the conditions listed in the Marijuana Legalization and Regulation Act of 2015, you can submit a request to join the MMJ program.
Once you receive your medical marijuana card, you are free to buy your CBD oil and other marijuana products in one of the state-licensed dispensaries.
Additional Information
Florida
Conditionally legal
Legal Status
Only hemp-derived CBD products under 0.3% THC content are considered legal.
Details
Rule 5B-57.01 F.A.C
Rule 581.217(7)
Regulations
https://www.fdacs.gov/content/download/94417/file/hemp-and-cbd-information-for-law-enforcement.pdf
https://www.fdacs.gov/content/download/93397/file/florida-hemp-permit-faq.pdf
https://floridastatecannabis.org/cbd
Resources
In July 2019, Florida lawmakers passed SB 1020, which introduced several significant changes to CBD laws in the state. In compliance with the 2018 Farm Bill, SB 1020 included several key statutes, such as:
In legalizing hemp extracts, SB 1020 stipulated that hemp-derived cannabinoids are no longer controlled substances.
In abiding with the 2018 Farm Bill, SB 1020 legalized hemp and defined it as a plant containing less than 0.3% THC by weight.
In the legalization of hemp extracts, SB 1020 defined hemp extract as any substance derived from legal hemp plants that are meant for ingestion and does not contain other controlled substances.
In March 2023, Florida legislature decided to make its regulation of hemp-derived products more stringent. Per Bill CS/SB 1676 which took effect on July 1, 2023, hemp extract products, including CBD products, must contain no more than 0.5mg THC per serving or 2mg of total THC per package.
Additional Information
Georgia
Conditionally legal
Legal Status
Cannabis-derived CBD oil legal with medical cannabis license for specific conditions - must contain equal amounts of THC and CBD, and THC content cannot exceed 5%. Otherwise, hemp-derived CBD is legal provided it contains less than 0.3% THC.
Details
Senate Bill 494 (2024)
House Bill 1 (Haleigh’s Hope Act) (2015)
House Bill 324 (Hope Act)
House Bill 213 (Georgia Hemp Farming Act) (2019)
Senate Bill 195 (2022)
Regulations
https://dph.georgia.gov/low-thc-oil-registry
https://georgiastatecannabis.org/cbd
Resources
Cannabis (and cannabis-derived CBD oil) became legal for medical purposes in 2015, when HB1, also known as Haleigh’s Hope Act, was signed by Governor Nathan Deal. The acts grant access to medical cannabis for patients suffering from one of eight conditions (seizures, Crohn’s disease, ALS, multiple sclerosis, Parkinson’s Disease, mitochondrial disease, sickle cell disease, and cancer) and who possess a state-issued medical cannabis card.
Additional Information
Hawaii
Conditionally legal
Legal Status
Hemp-derived CBD oil considered legal. Cannabis-derived CBD oil regulated for use exclusively by residents with a medical cannabis license.
Details
House Bill 1819 (Act 014) (2020)
Regulations
https://hawaiistatecannabis.org/cbd
Resources
Only registered medical cannabis patients with qualifying health conditions and medical cannabis cards can use cannabis-derived CBD products in Hawaii. The Hawaii Department of Health (DOH) warns that the state laws prohibit the addition of cannabis-sourced CBD to foods, cosmetics, or beverages.
Additional Information
Idaho
Conditionally legal
Legal Status
All varieties legal so long as there is no traceable THC content.
Details
Idaho Code §37-2705
House Bill 126 (2021)
Senate Bill 1146 (2015)
Regulations
https://idahocannabis.org/cbd
https://odp.idaho.gov/cannibidiol/
https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2021/legislation/H0126.pdf
Resources
CBD oil is legal in Idaho, provided it is processed from industrial hemp and not from cannabis. It must also have no THC at all. Consequently, hemp-derived CBD products with a THC level of 0.3% are classified as cannabis in Idaho.
Additional Information
Illinois
Fully legal
Legal Status
You may purchase and use hemp-derived CBD oil in Illinois as long as certain requirements are fulfilled. Such products must contain no more than 0.3% THC and must be made in Illinois. You may purchase cannabis-derived CBD oils if you suffer from any of the qualifying medical conditions in the state, possess a valid ID card and a medical cannabis card, and have obtained a licensed physician's recommendation.
Details
Illinois Industrial Hemp Act (Senate Bill 2298) (2018)
Regulations
https://illinoiscannabis.org/cbd
https://ilga.gov/legislation/fulltext.aspDocName=&SessionId=91&GA=100&DocTypeId=SB&DocNum=2298&GAID=14&LegID=108613&SpecSess=&Session=
https://www2.illinois.gov/sites/agr/Plants/Documents/Hemp%20Rules%20as%20adopted_2019-04-29.pdf
Resources
The state’s policy permits CBD oil in Illinois that includes all CBD products sourced from industrial hemp. The hemp variety of the cannabis plant is grown to keep THC levels below the 0.3% threshold and therefore is non-intoxicating.
Additional Information
Indiana
Conditionally legal
Legal Status
All varieties legal so long as they do not exceed 0.3% THC.
Details
Industrial Hemp Bill (2014)
House Bill 1148 (2017)
Senate Bill 516 (2019)
Regulations
https://indianacannabis.org/cbd
https://oisc.purdue.edu/hemp/index.html
Resources
The recreational and medical use of cannabis is illegal in Indiana. The same goes for possessing and selling. That being said, cannabis-derived CBD oil is illegal in the state.
Contrary to cannabis-based products, hemp-derived CBD oil is fully legal in Indiana. As of 2018, under the Farm Bill, all cannabis extracts derived from industrial hemp are completely allowed and legal. The only condition is that these products have to contain less than 0.3% of THC.
Additional Information
Iowa
Conditionally legal
Legal Status
Cannabis-derived CBD oil exceeding 0.3% THC legal with medical cannabis license. The list of accepted conditions is fairly restrictive.
CBD oil is legal in Iowa only if it is hemp-derived. The state follows the laws stated in the 2018 Farm Bill, which legalized hemp-derived CBD oil containing 0.3% THC.
Details
Iowa Hemp Act (2019)
Regulations
https://iowacannabis.org/cbd
Resources
Residents can buy hemp-derived CBD oil containing no more than 0.3% THC from licensed retailers. The Iowa Hemp Act, which aligns with the 2018 Farm Bill, created a regulatory framework for individuals and businesses producing CBD oil from hemp. Iowa has a Medical Cannabidiol Program, which allows registered patients and caregivers to possess CBD oil containing higher amounts of THC. Registered patients can only possess up to 4.5 grams of cannabis CBD oil within 90 days. The Office of Medical Cannabidiol provides licenses for manufacturers and dispensaries involved in producing and providing cannabis-based CBD oil to eligible patients.
Additional Information
Kansas
Conditionally legal
Legal Status
All varieties legal so long as there is no traceable THC content. Medical CBD oil legal with license for specific conditions, provided the THC content doesn’t exceed 5%.
Details
Alternative Crop Research Act (2014-15)
House Bill 2167 (2019)
Regulations
https://kansasstatecannabis.org/cbd
https://agriculture.ks.gov/divisions-programs/plant-protect-weed-control/industrial-hemp/faqs
Resources
If your CBD comes from hemp, it’s legal in Kansas. Hemp-derived CBD products contain less than 0.3% delta-9 THC, making it federally legal under the 2018 Farm Bill.
However, individual states retain their right to regulate federal laws on their territories. And Kansas took advantage of this right.
The only legal CBD products in Kansas are those that contain zero THC.
Additional Information
Kentucky
Conditionally legal
Legal Status
As opposed to cannabis-derived CBD oil, Cannabidiol derived from hemp is completely legal in Kentucky. According to the Farm Bill of 2018, cannabis extracts derived from industrial hemp are fully legal as long as these products have less than 0.3% of THC.
Details
Senate Bill 124 (2014)
House Bill 333 (2017)
House Bill 197 (2018-19)
Regulations
https://kentuckystatecannabis.org/cbd
Resources
Both the sale and possession of cannabis are illegal in Kentucky. Thus, cannabis-derived CBD oil is banned here for both medical cannabis patients and recreational users.
Simply put, it’s impossible to legally possess cannabis as well as cannabis-derived CBD oil in Kentucky.
Additional Information
Louisiana
Conditionally legal
Legal Status
Cannabis-derived CBD oil legal with medical cannabis license, and hemp-derived CBD is also legal for all adult residents of Louisiana. The Louisiana Hemp law legalized hemp and hemp-derived products with no more than 0.3% THC in Louisiana.
Details
Act 491 (2015)
Act 164 (2019)
Regulations
https://louisianastatecannabis.org/cbd
https://atc.louisiana.gov/media/ae4nbo40/2023-atc-advisory_update-on-cbd-consumable-hemp-laws-final.pdf
Resources
Hemp-Derived OilGovernor John Bel further augmented CBD’s legality by signing House Bill 491 into law in June 2019. The law approved the sale of hemp-derived products with THC levels at or below 0.3%.
Cannabis-Derived CBD Oilcannabis-derived CBD oils are illegal to possess in Louisiana without a doctor’s recommendation.
Additional Information
Maine
Fully legal
Legal Status
Both hemp-derived and cannabis-derived CBD are legal in Maine.
Details
Marijuana Legalization Act (2016)
Chapter 12 of the Maine Public Law 2019 (LD 630)
Regulations
https://mainecannabis.org/cbd
https://www.maine.gov/dacf/qar/documents/cbd-guidance-retail.pdf
Resources
Adults aged 21 years and above can legally purchase CBD oil and CBD products from dispensaries, stores, and pharmacies in the state. They can also purchase CBD-infused items at health food stores. In addition, interested persons can buy CBD products from online stores and have them delivered to their preferred locations within the state.
Additional Information
Maryland
Conditionally legal
Legal Status
CBD oil can come from hemp or cannabis, and its legal status depends on it. When it comes to hemp, it contains less than 0.3% of THC in general, which makes it legal in Maryland. However, cannabis is allowed only for medical use under some restrictions.
Details
House Bill 803 (2015)
Regulations
https://marylandstatecannabis.org/cbd
https://mda.maryland.gov/plants-pests/Documents/MD-Hemp-Farming-Regulations.pdf
https://health.maryland.gov/phpa/OEHFP/OFPCHS/Pages/CBD_in_Foods.aspx
Resources
CBD oil is legal in Maryland. CBD oil may be obtained from cannabis or hemp plants. The source of derivation determines the extent of the legality of CBD oil. While hemp-derived CBD oil containing no more than 0.3% THC is available for all Maryland residents, cannabis-derived CBD oil may only be obtained for medical use by persons registered on the Maryland medical cannabis program.
Additional Information
Massachusetts
Fully legal
Legal Status
Oil with THC content exceeding 0.3% fully legal for adults age 21 and up and for adults 18 to 20 years old with medical cannabis license.
Details
Massachusetts Marijuana Legalization Initiative
Massachusetts Medical Marijuana Ballot Initiative
117 of M.G.L. c. 128
Regulations
https://massachusettscannabis.org/cbd
https://www.mass.gov/info-details/faqs-sale-of-hemp-derived-products-in-the-commonwealth
https://www.mass.gov/info-details/cbd-in-food-manufactured-or-sold-in-massachusetts
Resources
Hemp-derived CBD oil, which refers to CBD oil with 0.3% THC content or less, is legal in the state.
Massachusetts has a medical cannabis program that has existed since 2012 and a recreational cannabis program since 2016. As such, cannabis and products derived from it are legal in Massachusetts for both recreational and medicinal purposes. This includes CBD oils that contain more than 0.3% THC content by weight.
Additional Information
Michigan
Fully legal
Legal Status
CBD is legal in Michigan, provided that it is hemp-derived. Though cannabis-derived CBD is also considered legal, it comes with certain conditions. You can only purchase it if you are 21 years old and above.
Details
Proposal 1 (2018)
Industrial Hemp Research and Development Act (2019)
Regulations
https://michigancannabis.org/cbd
https://www.mpp.org/states/michigan/
Resources
Residents and non-registered patients above the age of 21 have access to legal recreational cannabis. All you need to buy legal weed in Michigan is a valid state ID or your driver’s license.
Additional Information
Minnesota
Conditionally legal
Legal Status
Cannabis-derived CBD oil legal with medical cannabis license for specific conditions. Allows the sale of edible products containing CBD so long as they’re accurately labeled and contain less than 0.3% THC.
Details
Chapter 18K (2015)
Minnesota Statute 151.72 (2020)
HF 4065 (2022)
Regulations
https://minnesotastatecannabis.org/cbd
https://www.mda.state.mn.us/plants/hemp/industhempquestions
Resources
When it comes to the recreational use of cannabis, it’s banned in the state. It’s illegal to either possess or sell cannabis for recreational use. However, medical cannabis has been legal in Minnesota since May 2014, when the state enacted and fully implemented a restrictive medical cannabis program. To qualify for medical cannabis in Minnesota, you must be diagnosed with one of the following conditions:
Crohn’s disease
Cancer
Cachexia
Amyotrophic Lateral Sclerosis
Glaucoma
AIDS/HIV
Seizures
Terminal illness
Intractable pain
Severe and persistent muscle spasms
Tourette’s SyndromeCrohn’s disease
If you’re diagnosed with one of the conditions listed above, you can become a medical cannabis patient allowed to get cannabis-derived CBD oil.
Additional Information
Mississippi
Conditionally legal
Legal Status
Hemp-derived CBD oil is legal. Cannabis-derived CBD oil legal with medical cannabis license - limited number of accepted conditions, must be obtained from University of Mississippi, cannot exceed 0.5% THC.
Details
Senate Bill 2725 (2020)
Regulations
https://mississippistatecannabis.org/cbd
https://www.mdac.ms.gov/hemp-cultivation-in-ms/
Resources
The provisions of Senate Bill 2725 (Mississippi Hemp Cultivation Act) make it legal to purchase, use and sell hemp-sourced CBD products in Mississippi. Cannabis-sourced CBD products are illegal in Mississippi, except if certified doctors recommended them.
Additional Information
Missouri
Conditionally legal
Legal Status
CBD oil exceeding 0.3% THC legal with medical cannabis license (no qualifying conditions). The state currently lacks regulations around different CBD products such as edibles, topicals and oil.
Details
House Bill 2034 (2018)
Regulations
https://missouristatecannabis.org/cbd
https://atc.dps.mo.gov/IndustryCircular/cbd-oil-1-24-19.pdf
Resources
Cannabis-Derived CBDUnfortunately, both recreational and medical use of cannabis is still illegal in the state. Even you’re a medical cannabis patient just visiting the state of Missouri, you won’t be able to buy cannabis-derived CBD oil in the state.
Hemp-Derived CBDContrary to cannabis-derived CBD oil, it’s perfectly possible to buy hemp-based products legally. According to the 2018 Farm bill, both farming and industrial hemp manufacturing are legalized on the federal level unless the in-state law states otherwise. No in-state laws change the legality of hemp in Missouri.
Additional Information
Montana
Fully legal
Legal Status
CBD sourced from hemp is legally accepted in Montana. On the other hand, cannabis-based CBD is only available for medical purposes.
Details
Senate Bill 176 (2019)
Regulations
https://montanastatecannabis.org/cbd
Resources
Although recreational cannabis is banned in Montana, medical use has been legal since 2004, and the program successfully expanded back in 2016. As for medical cannabis, you can legally buy it only if a licensed physician has diagnosed you with one or more of the following conditions:
Cancer
Crohn’s disease
Cachexia
Epilepsy
Glaucoma
Hospice Care Admittance
HIV/AIDS
Intractable Nausea or Vomiting
Multiple Sclerosis
Muscle Spasms
Peripheral Neuropathy
Severe Chronic Pain
Additional Information
Nebraska
Conditionally legal
Legal Status
Hemp-derived CBD oil only. Cannabis-derived CBD is illegal even for medical purposes.
Details
Legislative Bill 657 (2019)
Nebraska Uniform Controlled Substance Act
Regulations
https://nebraskastatecannabis.org/cbd
https://nda.nebraska.gov/hemp/faqs.html
Resources
Nebraska has one of the most prehistoric cannabis laws in the United States. Not only the recreational use of cannabis is severely punished, but also medical cannabis patients don’t have a program that would allow them to legally purchase their medicine from licensed dispensaries.
Additional Information
Nevada
Fully legal
Legal Status
Hemp-derived and Cannabis-derived CBD oils are legal.
Details
NRS Chapter 557
NRS Chapter 678C
NRS 678D.200
NRS 678.300
Assembly Bill 341 (2021)
Regulations
https://nevadastatecannabis.org/cbd
https://www.nnph.org/_files/CBD-FAQs.pdf
Resources
Cannabis-Derived CBD OilCannabis is legal in Nevada for both medical and recreational purposes. The “Silver State” residents can now safely access hemp-based and cannabis-derived CBD oils for personal use. You don’t need a prescription to purchase cannabis CBD oil in Nevada.
Hemp-Derived CBD OilWhen it comes to consuming and possessing hemp-derived CBD oil in Nevada, the state follows the 2018 Farm Bill passed by congress. Moreover, the Nevada state legislature has not enacted to regulate CBD sourced from hemp in any way.
Additional Information
New Hampshire
Conditionally legal
Legal Status
Cannabis-derived CBD oil legal with medical cannabis license for specific conditions.
Details
HB 1424 (2020)
HB 1658-FN
HB 1581-FN
SB 669 (2020)
Regulations
https://newhampshirecannabis.org/cbd
Resources
Cannabis-Derived CBD OilSince 2013, medical use of cannabis has been legal in the state. However, becoming a medical cannabis patient and getting your hands on the MMJ card may be difficult. First of all, you must be diagnosed with one of the debilitating conditions qualifying for medical cannabis in New Hampshire. Moreover, you must be at least 18 years old and be a state resident.
Hemp-Derived CBD OilAccording to the 2018 Farm Bill, all hemp-based products are legal across the U.S. unless the in-state law states otherwise. Fortunately, no New Hampshire state legislation has been introduced to regulate hemp-based products. Thus, hemp-derived CBD oil is fully legal in the state, as it falls under the same regulation as other hemp-based goods.
Additional Information
New Jersey
Fully legal
Legal Status
Both hemp and cannabis plants produce CBD, the non-psychoactive cannabinoid. In New Jersey, both of these CBD sources are legal.
The state legalized medical cannabis in 2010, and in 2019, CBD sourced from hemp was also legalized following the passing of the 2018 Farm Bill.
Details
New Jersey Hemp Farming Act (2019)
New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization (CREAMM) Act (2021)
Regulations
https://newjerseystatecannabis.org/cbd
Resources
CBD is sourced from both hemp and cannabis plants. In New Jersey, both of these CBD sources are legal.
Cannabis-derived CBD was legalized first when then-Governor Jon Corzine signed into law the Compassionate Use of Medical cannabis Act in January 2010. This law legalized the use of medical cannabis for patients suffering from severe and debilitating medical conditions.
While this gave access to legal medical cannabis though, New Jersey had one of the lowest enrollments in the program. The state’s very strict regulations, the high costs, and the low number of participating doctors contribute to the small number of registered patients.
In 2018, the federal government legalized hemp through the 2018 Farm Bill. This bill allows the use of industrial hemp and all its parts (including CBD), as long as the hemp provider is federally-compliant and their crops contain no more than 0.3% THC.
Additional Information
New Mexico
Conditionally legal
Legal Status
Cannabis-derived CBD oil legal with medical cannabis license for specific conditions.
Details
House Bill 581 (2019)
Regulations
https://newmexicostatecannabis.org/cbd
Resources
As mentioned before, the legality of cannabidiol depends on its source. There are two types of cannabis plants: hemp and cannabis. The first one comes with up to 0.3% of THC in general, while cannabis contains more of this psychoactive compound.
Now, hemp is fully legal in New Mexico, so is hemp-derived CBD oil. However, if you’re thinking about buying cannabis-derived CBD oil, it is only allowed for medical cannabis patients under specific conditions.
Additional Information
New York
Fully legal
Legal Status
Industrial hemp-derived cannabidiol CBD oil is legal in New York, provided it contains no more than 0.3% tetrahydrocannabinol (THC). The state abides by the 2018 federal Farm Bill, which decriminalized hemp-derived products and industrial hemp. cannabis-derived CBD is not legal but may be used only by certified patients suffering from one or more of the qualifying conditions in New York.
Details
Chapter 1 of the Laws of 2020 (Hemp Bill)
Regulations
https://newyorkstatecannabis.org/cbd
Resources
Hemp-Derived CBD OilHemp-derived CBD oil is legal in all 50 states under the 2018 Farm Bill.
The new law legalized hemp by removing it from the list of controlled substances. Hemp is now treated like any agricultural crop that can be harvested for a variety of uses, including clothing, paper, fuel, housing, food, and health supplements such as CBD oil.
You can easily buy it over the counter at your local pharmacy, vape shop, or organic food store.
Cannabis-Derived CBD OilOn the other hand, CBD oil from cannabis is allowed for medical purposes only in New York. This can be purchased only by those who have a medical cannabis card. To get a medical cannabis card, you need to be diagnosed with one of its qualifying conditions.
Additional Information
North Carolina
Conditionally legal
Legal Status
Cannabis-derived CBD oil legal with medical cannabis license; however, the program is limited to a very small subset of the population of study participants and patients suffering from specific conditions. Cannabis extracts from industrial hemp are legal as long as THC content does not exceed 0.3%.
Details
Senate Bill 313 (2015)
House Bill 992 (2016)
Industrial Hemp Commission Provisional Regulations (2017)
Regulations
https://northcarolinastatecannabis.org/cbd
https://www.ncagr.gov/hemp/NCIndustrialHempPilotProgram.htm
https://nclawtalk.com/cbd-hemp-laws-in-nc/
Resources
Yes, purchasing CBD oil in North Carolina is permitted, as long as the CBD includes below 0.3 percent THC. Also, North Carolina authorizes the sale of hemp extracts with less than 0.9 percent THC and at least 5% CBD by weight. However, such sale is only allowed if the buyer is registered with the state as a patient with intractable epilepsy or as a caregiver for a patient with intractable epilepsy.
Additional Information
North Dakota
Conditionally legal
Legal Status
Cannabis-derived CBD oil legal with medical cannabis license for specific conditions; Hemp-derived CBD Oil is legal.
Details
HB 1349 (2019)
HB 1113 (2019)
Regulations
https://northdakotacannabis.org/cbd
https://www.minotdailynews.com/news/local-news/2023/07/cbd-law-changes-go-into-effect-aug-1/
Resources
Cannabis-Derived CBD OilNorth Dakota has enforced severe laws relating to the recreational use of cannabis. Even the possession of less than half an ounce of the dried flowers is punishable by up to 30 days in jail and/or a fine of $1,000.
As conservative as it is, North Dakota made great progress on November 8th, 2016, when the state’s authorities legalized medical cannabis and allowed licensed medical dispensaries to open.
If you want to qualify for a North Dakota state medical card and get yourself some quality cannabis CBD oil, you must suffer from one of the following conditions:
Cancer;
AIDS;
ALS;
Epilepsy;
Glaucoma;
Hepatitis C.
Additional Information
Ohio
Conditionally legal
Legal Status
CBD must be derived from hemp and shouldn’t exceed 0.3% THC; cannabis-derived CBD oil legal with medical cannabis license for specific conditions.
Details
Senate Bill 57 (2019)
Regulations
https://ohiostatecannabis.org/cbd
Resources
The state of Ohio accepts hemp-derived CBD oil under the new federal law, but cannabis and its derivatives are prohibited for recreational use. Only qualifying patients can obtain cannabis-derived CBD.
Additional Information
Oklahoma
Conditionally legal
Legal Status
Cannabis-derived CBD oil legal with medical cannabis license (no qualifying conditions); hemp-derived CBD oil legal.
Details
SB 2913 (2018)
Senate Bill 868 (2019)
Regulations
https://oklahomastatecannabis.org/cbd
https://ag.ok.gov/wp-content/uploads/2021/05/OK-State-Hemp-Plan-May-2021.pdf
Resources
The possession of cannabis-derived CBD oil without a license in Oklahoma is not legal. Only licensed medical patients are allowed to purchase cannabis-derived CBD oil.
Additional Information
Oregon
Fully legal
Legal Status
CBD oil legal regardless of its source: cannabis or hemp derived.
Details
Oregon Medical Marijuana Act
(OAR) 603-048-0010 (17)
OAR 333-007-0310
OAR 333-007-0220
Regulations
https://oregonstatecannabis.org/cbd
https://www.oregon.gov/pharmacy/Documents/Cannabidiol_CBD_Informational_6.2019.pdf
https://www.oregon.gov/oda/programs/Hemp/Pages/HempGrowers.aspx
Resources
Oregon has legalized cannabis for both medical and recreational use. Adults aged 21 or older can legally buy cannabis from dispensaries. If you meet the legal age, you can legally possess:
Up to 1 oz of dried cannabis flower
Up to 1 oz of cannabis extracts or concentrates
Up to 16 oz of cannabis edibles
Up to 73 ounces of cannabis-infused liquid (CBD oil)
Up to 10 cannabis seeds
Up to 4 immature cannabis plants
Additional Information
Pennsylvania
Conditionally legal
Legal Status
CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions.
Details
House Bill 967 (2016)
Act 16 (2016)
Senate Bill 3 (2016)
Regulations
https://pennsylvaniastatecannabis.org/cbd
https://www.pa.gov/guides/pennsylvania-medical-marijuana-program/
Resources
Hemp and hemp-derived products became federally legal in 2018 when the Farm Bill went into effect. That being said, you can legally purchase hemp-derived CBD oil. On top of that, you don’t need a prescription to buy CBD oil in Pennsylvania because it is considered a “food supplement.”
In April 2016, Pennsylvania Governor Tom Wolf enacted the law to legalize the manufacture and use of medical cannabis for qualified patients. The bill allows the licensing of up to 50 dispensaries and up to 25 cannabis cultivators.
Recreational use of cannabis is illegal in Pennsylvania at this time, is classified as a misdemeanor, and is punishable with a maximum fine of $500 and up to one year in jail.
Additional Information
Rhode Island
Conditionally legal
Legal Status
CBD oil exceeding 0.3% THC legal with medical cannabis license for specific conditions.
Details
Industrial Hemp Growth Act
Regulations
https://rhodeislandcannabis.org/cbd
Resources
Cannabis-Derived CBD OilMedical cannabis has been legal in Rhode Island since 2016. Patients who need cannabis to treat their ailments need to sign up for the state’s medical-cannabis program. Once they are accepted and given a doctor’s recommendation, they can visit licensed medical cannabis dispensaries.
Possession of cannabis for recreational purposes has been decriminalized, and first-time offenders are usually charged with a fee similar to a parking ticket ($150).
Hemp-Derived CBD OilFollowing the 2018 Farm Bill, Rhode Island legalized hemp and hemp-derived CBD. It falls under the same categorization as other hemp-derived products, classified as “food supplements.”. Currently, no state legislation has been enacted to regulate hemp-derived CBD oil.
Additional Information
South Carolina
Conditionally legal
Legal Status
CBD oil exceeding 0.9% THC legal with medical cannabis license; very restrictive list of qualifying conditions; CBD oil from the industrial hemp plant is legal.
Details
SB 1035 (Julian's Law) (2014)
HB 3559 (2017)
Hemp Farming Act (2019)
Regulations
https://southcarolinastatecannabis.org/cbd
https://www.scag.gov/media/p5vdm3wi/02729616.pdf
https://agriculture.sc.gov/faq/hemp/
Resources
Under the 2018 Farm Bill, South Carolina has legalized hemp cultivation within its borders, allowing licensed growers to cultivate hemp plants with less than 0.3% THC concentration.
Cannabis is illegal in South Carolina for both medical and recreational purposes. Although the House recently attempted to push the South Carolina Medical cannabis Program Act, the bill was rejected in the Senate in 2016. For some patients, high-CBD low-THC hemp oil is permitted to treat chronic or terminal illnesses like severe epilepsy.
Simple cannabis possession has not been decriminalized. First, first-time offenders can face a minimum of $565 fine and up to a month in prison for being caught with up to an ounce of cannabis.
Additional Information
South Dakota
Conditionally legal
Legal Status
Legal to sell, buy and carry hemp-sourced CBD oil and other hemp-derived CBD products containing less than 0.3% THC, but cannabis-derived CBD oil remains illegal.
Details
House Bill 1008 (2020)
Regulations
https://southdakotastatecannabis.org/cbd
Resources
Cannabis-derived CBD oils remain illegal in South Dakota. Law enforcement severely punishes the possession of even small amounts of cannabis for personal use.
Additional Information
Tennessee
Conditionally legal
Legal Status
Stricter laws coming effective in 2024 that make it illegal to sell CBD to anyone under the age of 21. CBD oil exceeding 0.9% THC legal with medical cannabis license, but very restrictive list of qualifying conditions. Hemp-derived CBD oil with less than 0.3% THC is legal.
Details
Senate Bill 2125 (2016)
HB 1044 (2016)
Regulations
https://tennesseecannabis.org/cbd
Resources
Possession of CBD oil derived from cannabis in Tennessee is illegal and considered a misdemeanor, which is punishable with a fine between $250 and $2,500 with possible imprisonment for up to a year.
Additional Information
Texas
Conditionally legal
Legal Status
Low-THC (up to 1%) CBD oil available for patients with qualifying conditions; hemp-derived CBD oil is legal for purchase and use.
Details
House Bill 1325
Regulations
https://texascannabis.org/cbd
Resources
Cannabis remains illegal for recreational use, with heavy fines for simple possession. If you are caught with less than two ounces of cannabis can get you a $2,000 fine and up to 180 days in prison. Any amounts higher than that are punishable with a 2-year jail time and can make you poorer by $10,000.
Additional Information
Utah
Conditionally legal
Legal Status
Cannabis-derived CBD oil legal with medical cannabis license for specific conditions.
Details
HB 227 (2023)
HB 105 (2014)
Regulations
https://utahstatecannabis.org/cbd
Resources
Utah legalized CBD in 2018. This is regardless of its source. Therefore, CBD from hemp and cannabis are both acceptable in the state.
Additional Information
Vermont
Fully legal
Legal Status
CBD, regardless of its source, is fully legal in Vermont.
Details
SB 58 (2019)
SB 54 (2018)
Regulations
https://vermontstatecannabis.org/cbd
Resources
Vermont legalized cannabis possession for adults aged 21+ years in 2018. The new law removed punishment for possessing up to an ounce of cannabis. Adults in Vermont can legally buy cannabis and its derivatives, such as CBD oil, in state-licensed dispensaries.
Additional Information
Virginia
Conditionally legal
Legal Status
Hemp-derived CBD oil with no more than 0.3% THC is legal in Virginia. cannabis-derived CBD oils are illegal in Virginia. However, the state permits patients registered under the medical cannabis program to purchase cannabis-derived CBD oils.
Details
SB 955 (2015)
HB 1839 (2019)
SB 1557 (2019)
Regulations
https://virginiastatecannabis.org/cbd
Resources
Hemp-derived CBD oil with no more than 0.3% THC is legal in Virginia. Note that CBD oil may also be derived from cannabis. cannabis-derived CBD oils are illegal in Virginia. However, the state permits patients registered under the medical cannabis program to purchase cannabis-derived CBD oils.
Note that even if your ailment qualifies you for Virginia's medicinal cannabis program, you must demonstrate that you have tried at least two conventional kinds of therapy without success before you can be registered under the state's medical cannabis program to use cannabis-derived CBD oil. cannabis-derived CBD oils typically contain at least 5 milligrams of CBD and tetrahydrocannabinol-A (THC-A) but not more than 10 milligrams of THC.
Additional Information
Washington
Fully legal
Legal Status
Both hemp-derived and cannabis-derived CBD are legal in Washington.
Details
SB 5276
RCW 69.50.326
WAC 314-55-109
Regulations
https://washingtonstatecannabis.org/cbd
Resources
In 2012, cannabis was decriminalized by Washington State’s Initiative 502 (I-502). Since then, much has changed; the recreational use of cannabis has been legalized, and there are already a few dispensaries that operate to sell only cannabis products, including CBD oil.
Like in all 50 states, hemp-derived CBD oil is legal in Washington State. Hemp CBD oil falls under the Farm Bill of 2018, and Washington State additionally passed the SB 6206 legislature, which legalized hemp statewide.
Additional Information
West Virginia
Conditionally legal
Legal Status
Cannabis-derived CBD oil legal with medical cannabis license for specific conditions; CBD oil is legal in West Virginia as long as it contains less than 0.3% THC.
Details
SB 386 (2017)
SB 475 (2018)
Regulations
https://westvirginiastatecannabis.org/cbd
Resources
CBD (cannabidiol) oil is legal in West Virginia. The Industrial Hemp Development Act allows hemp production and processing of hemp-derived CBD oil. Hemp derivatives, including CBD oil, are permitted in the state, provided the THC potency is not more than 0.3%. Also, cannabis-derived CBD oil is legal for eligible patients under the West Virginia Medical Cannabis Act. Registered patients must have a state-issued medical cannabis ID to purchase CBD oil containing higher concentrations of THC (tetrahydrocannabinol) in West Virginia.
Additional Information
Wisconsin
Conditionally legal
Legal Status
Cannabis-derived CBD oil legal with medical cannabis license for specific conditions.
Details
AB 726 (2014)
Act 100 (2017)
Regulations
https://wisconsinstatecannabis.org/cbd
Resources
Cannabis laws in Wisconsin are one of the most restrictive in the United States. In most cities, cannabis possession is punishable with fines and prison time. If this is your first offense, getting caught with any amount of cannabis can lead to a $1000 fine and six months in jail. Any cannabis derived CBD oil must be obtained with a medical cannabis license for very specific conditions. Hemp-derived CBD oil is legal under the Farm Bill of 2018.
Additional Information
Wyoming
Conditionally legal
Legal Status
Legal as long as it contains no more than 0.3% THC; cannabis-derived CBD oil is not legal.
Details
HB 171 (2019)
HB 032 (2015)
Regulations
https://wyomingcannabis.org/cbd
Resources
Despite being neighbors with Colorado, Wyoming has some of the strictest laws on cannabis in the nation. Possession, cultivation, and sales of cannabis for recreational purposes are illegal there, and the medical cannabis program exists only in theory.
If you want to apply for Wyoming’s medical cannabis card, you must suffer from an intractable form of epilepsy, but then again – there’s no way to obtain cannabis-derived CBD oil within the state’s borders. A patient would need to cross them to obtain it in different states but as cannabis is illegal according to federal laws, this is not an option.
Additional Information
Click on each state for more information
WY
WA
UT
OR
NM
NV
MT
ID
HI
CO
CA
AZ
AK
WV
VA
TN
SC
OK
NC
MS
MD
LA
KY
GA
FL
DE
AR
AL
TX
WI
SD
OH
ND
NE
MN
MI
IN
IA
IL
MO
KS
VT
NY
NH
ME
RI
NJ
MA
CT
PA
CBD State Legal Status
Cannabis State Legal Status
CBD State Legal Status
Cannabis State Legal Status
Legal for Recreational Use
Legal for Medical Use
Mixed: Recreational - No | Medical - Yes | Decriminalized - No
Legal Status
Alabama
Senate Bill 46 (2021) (Darren Wesley 'Ato' Hall Compassion Act)
Regulations
https://alabamacannabis.org/laws
Resources
Cannabis is legal only for registered patients in Alabama, while recreational cannabis is illegal. In Alabama, medical cannabis became legal after the Governor signed Senate Bill 46 in 2021. The bill, which is now known as the Darren Wesley ‘Ato’ Hall Compassion Act, permits legal amounts of cannabis for patients with certain qualifying medical conditions. Only registered patients 19 years and older with qualifying conditions can buy and use cannabis in Alabama. According to the Darren Wesley ‘Ato’ Hall Compassion Act, qualified patients must carry a state-issued medical cannabis card to buy medical cannabis from licensed dispensaries. Patients under 19 can only buy medical cannabis through their registered caregivers who may be their parents or legal guardians. The medical cannabis law prohibits the use of edibles and smokable cannabis for registered cannabis patients.
The Alabama Medical Cannabis Commission is not currently registering new patients or caregivers pending active litigation.
Additional Information
Legality of Cannabis in the United States
Illegal
Illegal and Decriminalized
Legal for Recreational Use and Decriminalized
Legal for Medical Use and Decriminalized
DC
Alaska
Fully legal
Legal Status
Marijuana Statutes and Regulations of Alaska
Regulations
https://alaskastatecannabis.org/laws
Resources
Adults aged 21 years and above are authorized to grow, possess or purchase cannabis for recreational purposes in limited quantities. Physicians are also allowed to approve cannabis or cannabis products to treat different conditions that their patients may be diagnosed with. Adults aged 21 and over in Alaska are allowed to:
Possess, use, display, or purchase up to one ounce (28 grams) of cannabis.
Possess, grow, process, or transport not more than six cannabis plants. Out of the six plants, not more than three are allowed to grow to maturity, i.e. the stage of flowering and production of seeds.
Possess, grow, and process not more than 12 cannabis plants in a single premises occupied by more than one person aged 21 and over. Out of the 12 plants, not more than six are allowed to grow to maturity, i.e. stage of flowering and production of seeds.
Transfer as much as one ounce of cannabis and up to six premature cannabis plants to another adult who is 21 years or over without remuneration.
Consume cannabis, but not in public places.
Assist another adult aged 21 years or over to possess, grow and process cannabis within the above-stated quantities and above stated conditions.
For the medical uses of cannabis, patients with qualifying medical conditions can apply for medical cannabis cards through the Alaska Medical cannabis Registry. The qualifying conditions in Alaska are HIV/AIDS, cancer, glaucoma, severe pain, seizures, severe nausea, cachexia/wasting syndrome, persistent muscle spasms, and multiple sclerosis. Patients having MMJ cards, or their caregivers, regardless of their ages, are allowed to:
Purchase and possess as much as one ounce (28 grams) of cannabis or less.
Purchase up to seven (7) grams of cannabis concentrate from a retail cannabis store.
Despite the legalization of recreational cannabis in Alaska, the possession of certain cannabis products and concentrates are illegal. These products and concentrates are hashish, hashish oil, and any compound, mixture, or preparation containing THC
Additional Information
Arizona
Fully legal
Legal Status
Arizona Medical Marijuana Act
Prop 207 (Safe and Smart Act) (2020)
Regulations
https://arizonastatecannabis.org/laws
Resources
Prop 207 legalized recreational cannabis in the state and allowed adults, aged 21 and older, to possess up to 1 ounce (28 grams) of cannabis with no more than 5 grams of cannabis concentrate. They can also transfer up to 1 ounce of cannabis to other adults as long as such transfers do not constitute a sale and they get no remuneration for it. The Act also allows adult residents to cultivate up to 6 cannabis plants in their homes. Homes with two or more adults can cultivate up to 12 cannabis plants.
Additional Information
Arkansas
Mixed: Recreational - No | Medical - Yes | Decriminalized - No
Legal Status
House Bill 1026
Arkansas Medical Marijuana Amendment (2016)
Regulations
https://arkansascannabis.org/laws
Resources
Cannabis is legal for medical purposes, but recreational cannabis is still illegal. An attempt to legalize it through a ballot initiative in 2022 failed. Federal law still lists cannabis as a banned substance, and Arkansas is equally firm in its prohibition of recreational cannabis use.
Additional Information
California
Fully legal
Legal Status
Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA)
Regulations
https://californiacannabis.org/laws
Resources
California allows the purchase and consumption of cannabis on both medicinal and recreational grounds. Adults over the age of 21 are permitted to possess, purchase, and grow the following for recreational purposes:
1. Twenty-eight and a half (28.5) grams of usable cannabis; 2. Eight (8) grams of cannabis concentrates.
California medical cannabis patients and their caregivers can legally possess more cannabis. The applicable quantities include:
1. 226.8 grams, of dried cannabis or concentrates and up to six mature plants, or;2. Twelve immature plants.
Additional Information
Colorado
Fully legal
Legal Status
Co. Constitution, Article XVIII, Section 14
Co. Constitution, Article XVIII, Section 16
Regulations
https://coloradocannabis.org/laws
Resources
Medical and recreational cannabis is legal.
Adults 21 and older can buy or smoke recreational and medical cannabis.
It is legal to possess one ounce and below of cannabis.
Coloradans aged 21 and above can grow cannabis for personal use.
There are penalties for possessing or cultivating cannabis above the legal limit. There are also penalties for distributing cannabis.
Additional Information
Connecticut
Fully legal
Legal Status
HB 538 (2012)
SB 1201 (2021)
Regulations
https://connecticutstatecannabis.org/laws
Resources
Medical cannabis patients or their caregivers are allowed to purchase 5 ounces. of cannabis within a 30-day period from licensed dispensaries. Medical cannabis patients are allowed to grow three immature and three mature cannabis plants in their homes, so long as they ensure that the plants are kept away from persons other than the patient and caregiver. Qualifying patients and their caregivers are permitted to grow no more than 12 cannabis plants within the confines of their homes.
Additional Information
Delaware
Fully legal
Legal Status
Delaware Medical Marijuana Act (DMMA) (2011)
HB 1 (2023)
HB 2 (2023)
Regulations
https://connecticutstatecannabis.org/laws
Resources
HB 1 allows adults aged 21 or older in Delaware to possess 1 ounce of dried flower, 12 grams of cannabis concentrates, or cannabis products with up to 750 grams or less of Delta-9 THC. Also, transferring cannabis products between adults aged 21 or older is permitted as long as money, reciprocal transactions, or contingencies are not involved. Also, no more than the permitted possession limits may be transferred between adults. Under HB 1, the home cultivation of cannabis and cannabis consumption in public areas remain prohibited.
HB 2 establishes a 15% excise tax on cannabis sales and allows local municipalities to maintain control over where and when cannabis businesses may operate in their jurisdictions or prohibit commercial cannabis operations altogether via the enactment of local ordinances or ballot measures.
Medicinal cannabis has been legal in the state since 2011 via the Delaware Medical cannabis Act (DMMA), although sales did not begin until 2015. The DMMA created a medical cannabis program allowing Delawareans with one or more approved conditions to possess 6 ounces of cannabis at a time. Note that the home cultivation of cannabis is not permitted under the Delaware medical cannabis program.
Additional Information
District of Columbia
Fully legal
Legal Status
Title 7 Chapter 16B of D.C. Code
Initiative 71 (2014)
Regulations
https://washingtondccannabis.org/laws
Resources
Cannabis is legal for both medical and recreational use in D.C. Adults 21 years and older can:
Possess up to 2 ounces of cannabis.
Share up to 1 ounce of cannabis with another adult (up to 21 years).
Cultivate up to 6 cannabis plants (only three can be mature flowering plants). If more than 1 eligible adult lives in a household, they can cultivate up to 12 cannabis plants, with a maximum of 6 mature and flowering plants.
Medical cannabis patients and their caregivers can possess up to 2 ounces of dried cannabis. However, a mayor can increase the maximum amount a patient or their caregiver can possess to 4 ounces of dried cannabis.
Additional Information
Florida
Mixed: Recreational - No | Medical - Yes | Decriminalized - No
Legal Status
Florida Medical Marijuana Legalization Initiative (2016)
Regulations
https://floridastatecannabis.org/laws
Resources
Cannabis use is authorized for medical purposes as recommended by licensed physicians. However, a patient must be diagnosed with at least one of the following conditions in order to medically use cannabis:
ALS or Lou Gehrig's disease
Cancer
Crohn's disease
Epilepsy
Glaucoma
HIV/AIDS
Multiple sclerosis
Parkinson's disease
PTSD
A terminal condition diagnosed by another physician other than the licensed doctor who issued the physician certification.
Nonmalignant chronic pain induced by a qualifying medical condition
Medical conditions comparable to those above
Florida requires medical cannabis users in the state to be at least 18 years old. Minors may designate adult caregivers to help obtain cannabis.
The use of cannabis for recreational purposes is illegal in Florida. Florida Amendment 3, the Marijuana Legalization Initiative, is on the ballot for November 5, 2024 and requires a supermajority of 60% to pass.
Additional Information
Georgia
Mixed: Recreational - No | Medical - CBD oil only | Decriminalized - No
Legal Status
Georgia Controlled Substances Act
Regulations
https://georgiastatecannabis.org/laws
Resources
Cannabis is illegal in Georgia for medical and recreational purposes and is listed as a controlled substance in the Georgia Controlled Substances Act. Possession of cannabis can attract a punishment of up to 40 years of incarceration and a fine of up to $1,000,000.
Additional Information
Hawaii
Mixed: Recreational - No | Medical - Yes | Decriminalized - Yes
Legal Status
HB1383
Act 288 ASLH 2000
Regulations
https://hawaiistatecannabis.org/law
Resources
A licensed medical cannabis patient can consume cannabis legally. The law permits a qualified patient to:
Carry up to 4 ounces of cannabis.
Possess up to seven cannabis plants at any given time.
Appoint a caregiver to purchase and administer cannabis on their behalf.
While medical cannabis is considered legal in Hawaii, there are strict restrictions to places where it can be possessed or consumed. According to the medical cannabis laws, a qualified patient may not:
Consume medical cannabis in public.
Carry or consume medical cannabis on federal property.
Carry medical cannabis that is not in a sealed container.
Additional Information
Idaho
Fully illegal
Legal Status
Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA)
Regulations
https://idahocannabis.org/laws
Resources
Every attempt to legalize cannabis to date (2024) in Idaho has failed.
Additional Information
Illinois
Fully legal
Legal Status
Illinois Cannabis Regulation and Tax Act
HB 1438
Regulations
https://illinoiscannabis.org/laws
Resources
Adults aged 21 and older can purchase cannabis products in Illinois with or without medical cannabis cards from licensed cannabis dispensaries. There is, however, a legal limit to what they can possess per time, depending on cannabis form. Adults can have 5 grams of cannabis concentrate and about 1 ounce or 30 grams of cannabis flower on them. The legal possession limit of cannabis-infused products such as edibles, salty snacks, entrees, and tinctures is 500 milligrams of THC. Out-of-state visitors can only possess half of these amounts legally. In Illinois, licensed recreational cannabis dispensaries are not permitted to sell a mix-pack of cannabis concentrates, cannabis buds, and cannabis-infused products. It means that consumers can only buy each cannabis product separately.
With a doctor's recommendation, medical patients registered with the state may legally consume medical cannabis per the Compassionate Use of Medical Cannabis Pilot Program Act. The qualifying medical conditions for medical cannabis in the state include Autism, Anorexia nervosa, cancer, chronic pain, glaucoma, HIV/AIDS, migraines, and hepatitis C. Others are Neuropathy, spinal cord disease, fibrous dysplasia, lupus, and post-traumatic stress (PTSD). Illinois permits medical cannabis patients to grow five plants at a time for personal use, provided they are in a locked facility. However, it prohibits non-patients from growing the plant at home, and anyone who violates this risks a civil penalty of $200.
Additional Information
Indiana
Mixed: Recreational - No | Medical - CBD oil only | Decriminalized - No
Legal Status
Senate Bill 52
Regulations
https://indianacannabis.org/laws
Resources
Senate Bill 52, legalizing the use of low THC (CBD) oil derived from hemp for more medical uses.
Medical and recreational cannabis are still illegal in Indiana, and violation of their ban is a class B misdemeanor that could attract imprisonment of up to 180 days and a $1000 fine. The punishment could also increase depending on the quantity of cannabis.
Additional Information
Iowa
Mixed: Recreational - No | Medical - CBD oil only | Decriminalized - No
Legal Status
HB 2589 (2020)
Regulations
https://iowacannabis.org/laws
Resources
Iowa has yet to legalize recreational cannabis but permits residents to use medical cannabidiol under specific conditions. The law in effect per medical cannabidiol regulations in the state is HB 2589.
HB 2589 is the most recent significant amendment to the medical cannabidiol act in Iowa. The law added several qualifying conditions for patients permitted to use medical cannabidiol in the state. HB 2589 also expanded the list of medical professionals allowed to recommend medical cannabidiol. The law reviewed the amount of THC permitted from medical cannabidiol products with less than 3% THC to a total THC of 4.5 grams over a 90-day period. However, a certifying healthcare practitioner can allow a greater THC amount that the practitioner finds appropriate if:
The patient suffers from a terminal medical condition with a life expectancy of 12 months or less; or
The patient is not new to the Iowa medical cannabidiol program, and the practitioner finds that 4.5 grams of THC are insufficient for the patient
Additional Information
Kansas
Fully Illegal
Legal Status
HB 2589 (2020)
Regulations
https://kansasstatecannabis.org/laws
Resources
Cannabis remains illegal in Kansas. However, there are legal moves in process in the state legislature to legalize medical cannabis. Two bills have been introduced in 2023 toward legalizing medical cannabis and one relating to decriminalizing cannabis possession: Senate Bill 171, House Bill 2363, Senate Bill 135, House Bill 2367.
Additional Information
Kentucky
Mixed: Recreational - No | Medical - CBD oil only | Decriminalized - No
Legal Status
Senate Bill 46 (2021) (Darren Wesley 'Ato' Hall Compassion Act)
Regulations
https://kentuckystatecannabis.org/lawshttps://www.forbes.com/sites/ajherrington/2024/02/01/kentucky-lawmaker-files-new-recreational-marijuana-legalization-bill/
Resources
Kentucky has legalized medical cannabis, but the state's Medical Cannabis Program will not launch until 2025 when the legal sale of cannabis will begin.
Recreational cannabis remains prohibited in Kentucky.
While waiting for the state's Medical Cannabis Program to kick off, an Executive Order signed by Governor Steve Beshear in 2022 permits qualifying patients to possess and consume up to 8 ounces of medical cannabis purchased from other states.
It remains illegal for anyone to cultivate cannabis plants or sell cannabis products in Kentucky until the medical cannabis laws take effect fully.
Two bills, HB 420 and HB 72, have been introduced in the Kentucky House to legalize recreational cannabis, though both seem unlikely to pass.
Additional Information
Louisiana
Mixed: Recreational - No | Medical - Yes | Decriminalized - Yes
Legal Status
HB 135 (Act 438)
HB 137 (Act 439)
HB 190 (Act 444)
HB 629 (Act 473)
HB 234 (Act 478)
HB 697 (Act 491)
HB 698 (Act 492)
Regulations
https://louisianastatecannabis.org/laws
Resources
Cannabis is legal for medical use in Louisiana but remains prohibited for recreational purposes. However, in 2021, the state decriminalized the possession of up to 14 grams of cannabis and reduced the penalty to a fine not exceeding $100. The punishments for possessing more than 14 grams of cannabis and other cannabis activities in the state are severe, ranging from fines to jail sentences, depending on the amount of cannabis involved.
Louisiana originally legalized medical cannabis in 1978, but the legal framework for legal sale was not in place until 2015, after the state enacted a bill to legalize it fully. Under the state's medical cannabis law, only individuals living with certain medical conditions are permitted to use medical cannabis. They may only purchase it at state-licensed therapeutic cannabis pharmacies (medical cannabis dispensaries) and are prohibited from cultivating their own cannabis. Several amendments have been made to Louisiana medical cannabis laws since it was first enacted in 1978.
Additional Information
Maine
Fully legal
Legal Status
Marijuana Legalization Act
Maine Medical Use of Marijuana Act
Regulations
https://mainecannabis.org/laws
Resources
Eligible persons can use cannabis for medical and recreational purposes. Legally, adults aged 21 or older can:
Share up to 2.5 ounces of processed cannabis and six immature cannabis plants or seedlings without remuneration.
Cultivate up to 12 immature, six mature cannabis plants, and unlimited seedlings.
Medical caregivers and patients are lawfully permitted to:
Possess up to 8 pounds of harvested cannabis.
Cultivate up to six mature, twelve immature cannabis plants, and any amount of cannabis seedlings
Possess cannabis paraphernalia
Share up to 2.5 ounces of harvested cannabis with another medical cannabis patient without remuneration
The state imposes a 15% excise tax on cannabis plantations and a 10% sales tax on retail dispensaries but exempts medical cannabis patients from paying taxes.
Additional Information
Maryland
Fully legal
Legal Status
Cannabis Reform Act (2023)
House Bill 837
Regulations
https://marylandstatecannabis.org/laws
Resources
Maryland laws permit the use of cannabis for medical and recreational purposes.
Only licensed dispensaries are permitted to sell cannabis products legally in the state.
Only adults aged 21 years or older in the state may legally possess and consume recreational cannabis. They are allowed to possess up to 12 grams of cannabis concentrates and no more than 1.5 ounces of cannabis flowers.
Under Maryland medical cannabis law, only registered patients with certain medical conditions who are at least 18 years old may legally possess and use medical cannabis. A caregiver is required for any cannabis patient under 18.
Adults aged 21 years or older may cultivate no more than two mature cannabis plants at home for personal use. Growing more than two mature plants attracts harsh penalties.
The Maryland Marijuana Commission now regulates the state's recreational and medical cannabis programs.
Additional Information
Massachusetts
Fully legal
Legal Status
Act for the Humanitarian Medical Use of Marijuana (2012)
Act to Ensure Safe Access to Marijuana
Regulations
https://massachusettscannabis.org/laws
Resources
Although cannabis is legal, certain caveats exist regarding its possession and use. Massachusetts Recreational Cannabis Laws prohibits residents from:
Possessing, using, purchasing, or processing more than 1 ounce of cannabis or 5 grams of cannabis concentrates for recreational purposes.
Possessing more than 10 ounces of cannabis on their private residence.
Purchasing or transporting more than six cannabis plants, three of which must be seedlings.
Cultivating more than 12 cannabis plants per residence. These cannabis plants must also be grown out of public view.
Transporting cannabis in a container that is not locked or sealed.
Consuming cannabis in public.
Giving cannabis to individuals under the age of 21.
Transporting cannabis out of the Commonwealth.
A patient with a qualifying medical condition, a physician's prescription, and a medical cannabis card is permitted to use cannabis to treat debilitating medical conditions. Some of the qualifying medical conditions are HIV/AIDS, cancer, glaucoma, hepatitis C, Parkinson's disease and chronic pain, or any other debilitating medical condition. However, patients under the age of 18 are required to obtain medical certifications from two Massachusetts-licensed physicians who must diagnose them with a life-limiting illness. They are also required to obtain parental or guardian consent to use cannabis to treat such conditions.
In Massachusetts, medical cannabis patients are legally allowed to:
Buy up to a 60 day supply or up to 10 ounces of usable cannabis in their homes.
Possess six plants of cannabis flower
Additional Information
Michigan
Fully legal
Legal Status
Michigan Medical Marihuana Act (2008)
Regulation and Taxation of Marihuana Act (2018)
Regulations
https://michigancannabis.org/laws
Resources
The MRTMA, which became a law in 2018, describes the limitations of cannabis use, possession, and cultivation in Michigan. It only allows patients approved to obtain medical cannabis to buy and possess up to 2.5 ounces of cannabis at a time with a total monthly allowance of 10 ounces. For recreational use, Michigan residents can only buy up to 2.5 ounces of cannabis at a time with cannabis concentrate making up no more than 15 grams this amount. Lastly, while Michigan allows adult residents to give up to 2.5 ounces of cannabis to other adults as gifts, it insists that such transfers must not be promoted.
Additional Information
Minnesota
Fully legal
Legal Status
Minnesota Medical Cannabis Act
HF 100
Regulations
https://minnesotastatecannabis.org/laws
Resources
Medical and recreational cannabis are legal. Adult-use cannabis became legal in the state on August 1, 2023 but will not begin in the state until 2025.
Qualifying patients must be 18 years or older to purchase medical cannabis. Persons aged 21 and older can purchase smokable cannabis
Recreational cannabis users can possess up to 2 pounds of cannabis flower in private but only up to 2 oz. in public. The maximum amounts of cannabis concentrate and edibles to possess are 8 g and 800 mg
Minnesota allows adults aged 21 or above to grow up to 8 cannabis plants at home but only 4 of these plants can be mature
Additional Information
Mississippi
Mixed: Recreational - No | Medical - Yes | Decriminalized - Yes
Legal Status
SB 2095 (2022)
Regulations
https://mississippistatecannabis.org/laws
Resources
Medical cannabis is legal, while recreational cannabis remains illegal. Persons aged 18 with a medical cannabis card can purchase cannabis products from licensed dispensaries. However, it is illegal for patients to smoke in public.
Mississippi decriminalizes the first-time possession of up to 30 grams of cannabis. Possession above 30 grams is a felony.
It is against Mississippi laws for individuals to grow cannabis.
There are penalties for the possession, sale, and cultivation of cannabis in Mississippi.
Additional Information
Missouri
Fully legal
Legal Status
Constitution Amendment 3
Regulations
https://missouristatecannabis.org/laws
Resources
Cannabis is legal for medical and recreational purposes. Only individuals aged 18 years or older with certain qualifying medical conditions and state-issued medical cannabis cards can purchase or use medical cannabis. On the other hand, a person must be at least 21 years old to be able to purchase or use recreational cannabis. Qualifying patients under 18 years must have primary caregivers to assist them with medical cannabis purchase and administration.
In Missouri, qualifying medical cannabis patients aged 18 years or older with patient cultivation cards can grow up to six flowering cannabis plants at home for personal use. The same limits apply to adults aged 21 years or older with approved consumer personal cultivation identification cards.
Registered cannabis patients or caregivers may purchase no more than 4 ounces of cannabis within 30 days unless approved by the Department of Health and Senior Services (DHSS).
Eligible adults may possess up to 3 ounces of recreational cannabis at any time and purchase up to 3 ounces in a single transaction.
Additional Information
Montana
Fully legal
Legal Status
I-148 (2004)
I-190 (2020)
HB 701 (2021)
Regulations
https://montanastatecannabis.org/laws
Resources
Montana has legalized cannabis for medical and recreational purposes, although for qualifying persons.
While qualifying patients aged 18 years or older with state-issued medical cannabis cards can possess and consume medical cannabis, no individual under 21 years can legally use or possess recreational cannabis.
Minors (persons under 18) with qualifying medical conditions can access medical cannabis by registering in the state's Medical cannabis Program through designated caregivers.
Adults aged 21 years or older may possess up to 1 ounce of cannabis and grow no more than two mature cannabis plants and two seedlings at home for personal use. On the other hand, registered medical cannabis patients may purchase up to 5 ounces of cannabis products within 30 days. They may also cultivate up to four mature cannabis plants and 12 seedlings in their private residences for private use.
A licensed dispensary can sell both medical and recreational cannabis products.
Montana cannabis laws permit counties where the majority of voters opposed the legalization of adult-use cannabis to prohibit the sale of recreational cannabis.
Additional Information
Nebraska
Fully illegal, but decriminalized
Legal Status
I-148 (2004)
I-190 (2020)
HB 701 (2021)
Regulations
https://nebraskastatecannabis.org/laws
Resources
Cannabis remains illegal as of early 2024. However, a few cannabis legislative bills were introduced in 2023 in a bid to legalize cannabis in the state. Small possession of cannabis has been decriminalized.
Additional Information
New Hampshire
Mixed: Recreational - No | Medical - Yes | Decriminalized - Yes
Legal Status
House Bill 537 (2013)
Regulations
https://newhampshirecannabis.org/laws
Resources
New Hampshire legalized medical cannabis in 2013 after the passage of House Bill 537 (HB 537). Although restrictive, HB 537 established certain qualifying medical conditions that make a person/patient eligible for medical cannabis in New Hampshire. Besides being diagnosed with these qualifying conditions, a patient must exhibit severe symptoms to qualify for medical cannabis under HB 537. In 2017, New Hampshire decriminalized the possession of small amounts of cannabis, a step that removed a jail sentence for possessing up to 3/4 of an ounce of cannabis. However, possessing over 3/4 of an ounce of cannabis is still a criminal offense, and anyone caught with cannabis more than three times within a three-year period risks criminal charges.
Additional Information
Nevada
Fully legal
Legal Status
Initiative to Regulate and Tax Marijuana (2016)
Regulations
https://nevadastatecannabis.org/laws
Resources
Cannabis is legal for medical and recreational use. The legal age to smoke or buy cannabis is 21 for adult use and 18 for medical use.
It is legal to possess up to 2.5 ounces of cannabis for recreational or medical use.
It is legal to 6 up to six cannabis plants at home.
In June 2021, Governor Steve Sisilak signed Assembly Bill 341 into law, permitting the licensing and regulation of cannabis consumption lounges. The law approves the purchase and public consumption of cannabis at designated cannabis lounges. In 2022, the CCB approved regulations for the licensing and operations of cannabis consumption lounges and issued the first cannabis consumption license in December 2022. The first cannabis consumption lounge in Nevada became operational in 2023.
Additional Information
New Jersey
Fully legal
Legal Status
New Jersey Compassionate Use Medical Marijuana Act
New Jersey Cannabis Regulatory, Enforcement Assistance Marketplace Modernization Act (Assembly No. 21)
AB 1897
Senate Bill No. 3454
Regulations
https://newjerseystatecannabis.org/laws
Resources
Cannabis is legal for both medical and adult recreational use.
The legal age to purchase and use recreational and medical cannabis is 21.
It is legal to possess 6 ounces or less of recreational cannabis. It is a felony to possess above 6 ounces.
Additional Information
New Mexico
Fully legal
Legal Status
Cannabis Regulation Act
Regulations
https://newmexicostatecannabis.org/laws
Resources
Recreational and medical cannabis are legal. The legal age to purchase cannabis is 21.
It is legal to possess 2 ounces of cannabis. However, possession of more than 8 ounces is a felony.
It is legal to grow up to 6 cannabis plants.
Additional Information
New York
Fully legal
Legal Status
Compassionate Care Act (2016)
Marijuana Regulation and Taxation Act (2021)
Regulations
https://newyorkstatecannabis.org/laws
Resources
Cannabis is legal for both medical and recreational purposes.
Residents must be above 21 years to possess recreational and medical cannabis. Medical cannabis is only available to eligible minors through their designated caregivers.
Cannabis possession limits for adult-use is 3 ounces of cannabis flower or 24 grams of cannabis concentrate; for medical use, eligible patients can own a 60-day supply as recommended by licensed physicians.
Each New York resident can grow up to 6 plants, while a household can grow up to 12 plants.
Additional Information
Norh Carolina
Fully illegal, but decriminalized
Legal Status
I-148 (2004)
I-190 (2020)
HB 701 (2021)
Regulations
https://northcarolinastatecannabis.org/laws
Resources
It is illegal to possess both recreational and medical cannabis. North Carolina residents, regardless of age, are prohibited from using cannabis. However, Eastern Band of Cherokee Indians legalized cannabis on their lands.
Additional Information
North Dakota
Mixed: Recreational - No | Medical - Yes | Decriminalized - Yes
Legal Status
North Dakota Compassionate Care Act
Regulations
https://northdakotacannabis.org/laws
Resources
Only medical cannabis has been legalized. While adult-use cannabis is illegal in the state, North Dakota has decriminalized the possession of less than 14 grams (0.5 ounces) of cannabis for persons aged 21 years or older. However, this attracts a penalty of no more than $1,000 without the option of incarceration.
A person must be at least 19 years old, have certain debilitating conditions, and be registered in the state's Medical cannabis Program to access cannabis legally. Patients under 19 are regarded as minors and must have designated caregivers.
It is illegal for registered qualifying patients to grow cannabis plants at home for private use. Only licensed cannabis manufacturing facilities in the state may grow cannabis plants.
Registered medical cannabis patients in North Dakota may purchase and possess no more than 85 grams (3 ounces) of medical cannabis from state-licensed compassionate centers (medical cannabis dispensaries).
Although medical cannabis is legal, selling edibles and cannabis-infused drinks in North Dakota is prohibited.
Additional Information
Ohio
Fully legal
Legal Status
HB-523
Rule 3796:8-2-04 of the Ohio Administrative Code
Regulate Cannabis Like Alcohol Initiative
Regulations
https://ohiostatecannabis.org/laws
Resources
Both medical and recreational cannabis are legal. Persons 18 and older may purchase medical cannabis from a licensed medical cannabis dispensary. However, smoking cannabis in public remains illegal.
It is legal to possess a 90-day supply of medical cannabis.
It is now legal for adults to grow cannabis at home for personal use.
Additional Information
Oklahoma
Mixed: Recreational - No | Medical - Yes | Decriminalized - Yes
Legal Status
Title 63 Section 420 of the Oklahoma Statutes
House Bill 2154
Regulations
https://oklahomastatecannabis.org/laws
Resources
Medical cannabis is legal, while adult-use cannabis remains illegal. Eligible patients in Oklahoma must be 18 years to buy legal amounts of medical cannabis. Minors registered to use medical cannabis can designate a caregiver to help them buy.
Only eligible patients or registered caregivers in Oklahoma can possess the authorized amount of cannabis, which is three ounces in public and eight ounces on private properties. Residents without a prescription are prohibited from owning any amount of cannabis.
Cultivating any amount of cannabis without a prescription is illegal. On the other hand, patients with qualifying conditions can grow up to 6 cannabis plants in their private residences.
Additional Information
Oregon
Fully legal
Legal Status
Oregon Medical Marijuana Act
Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act
Oregon Cannabis Regulation
Regulations
https://oregonstatecannabis.org/laws
Resources
Possession of medical and recreational cannabis is legal. Residents who are 21 years and above can buy legal amounts of cannabis without prescription. Underaged persons qualified to use medical cannabis can only do so through designated caregivers.
Eligible adults can only possess up to two ounces of recreational cannabis while registered patients can buy up to 24 ounces of medical cannabis.
Residents can cultivate up to 4 cannabis plants while registered patients can grow up to 6 mature cannabis plants.
Additional Information
Pennsylvania
Mixed: Recreational - No | Medical - Yes | Decriminalized - No
Legal Status
Medical Marijuana Act
Regulations
https://pennsylvaniastatecannabis.org/laws
Resources
Cannabis is only legal for qualified patients with the state’s medical cannabis cards. Using cannabis without a prescription in Pennsylvania is illegal. All registered patients can use medical cannabis as prescribed by registered physicians. Minors must be accompanied by registered caregivers to buy medical cannabis.
Patients can only possess or buy a 90-day supply of cannabis according to their physician’s prescription. Possession of any amount of recreational cannabis is a crime.
Cannabis cultivation in Pennsylvania is illegal except businesses or individuals that have valid growers/processor licenses.
The state is yet to legalize recreational cannabis - possession of any amount of recreational cannabis is a crime. Despite this, the Cities of Philadelphia and Pittsburgh have decriminalized the possession of not more than one ounce of cannabis.
As of June 2024, lawmakers have introduced a bipartisan bill to legalize cannabis for recreational use.
Additional Information
Rhode Island
Fully legal
Legal Status
Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act
Rhode Island Cannabis Act
Regulations
https://rhodeislandcannabis.org/laws
Resources
It is legal to purchase, use, and possess medical and recreational cannabis. A person must be at least 21 years old to possess or consume recreational cannabis legally in the state. On the contrary, qualifying patients aged 18 years or older with approved medical conditions can use cannabis for medical purposes.
Qualifying cannabis patients under 18 years must designate caregivers to assist them in purchasing and administering medical cannabis products.
Registered medical cannabis patients can grow up to 12 mature cannabis plants and 12 immature plants at home for personal use. They may also purchase up to 2.5 ounces of cannabis within a 15-day period.
Adults aged 21 years or older may cultivate up to 6 cannabis plants with no more than 3 mature ones at home for private use.Municipalities in Rhode Island are allowed to adopt ordinances to regulate cannabis within their jurisdictions.
Additional Information
South Carolina
Fully illegal
Legal Status
Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act
Rhode Island Cannabis Act
Regulations
https://southcarolinastatecannabis.org/laws
Resources
Cannabis is illegal for recreational and medical purposes in South Carolina, and the use of CBD oil is only permitted for qualifying patients suffering from chronic seizures caused by epilepsy.
Additional Information
South Dakota
Mixed: Recreational - No | Medical - Yes | Decriminalized - No
Legal Status
Initiated Measure 26
Regulations
https://southdakotastatecannabis.org/laws
Resources
Recreational cannabis remains illegal.
Patients registered for medical cannabis must be 18 years and above to possess legal amounts. Minors not up to 18 can choose a caregiver to help them purchase medical cannabis.
Cannabis possession limit for eligible South Dakotans is not more than three ounces of cannabis for 14 days.
South Dakota laws allow qualifying patients to grow up to 4 cannabis plants for medical use.
Additional Information
Tennessee
Mixed: Recreational - No | Medical - CBD oil only | Decriminalized - No
Legal Status
Senate Bill 118 (2021)
Regulations
https://tennesseecannabis.org/laws
Resources
Recreational and medical cannabis are still illegal in Tennessee. The state remains determined not to legalize cannabis as long as it remains prohibited at the federal level.
The adoption of ordinances by local municipalities to decriminalize the possession of cannabis is no longer permitted.
Although Tennessee has yet to legalize cannabis, the state allows individuals diagnosed with certain debilitating conditions to use low-THC oil containing no more than 0.9% THC.
Additional Information
Texas
Mixed: Recreational - No | Medical - CBD oil only | Decriminalized - No
Legal Status
Compassionate Use Act
Regulations
https://www.texastribune.org/2022/07/18/texas-marijuana-laws-2022-law-legal/
Resources
Recreational cannabis remains illegal. Under the Compassionate Use Act, medical cannabis is available to individuals diagnosed with a qualifying medical condition to use Low-THC cannabis containing no more than 1% THC.
The state remains determined not to legalize cannabis as long as it remains prohibited at the federal level.
Additional Information
Utah
Mixed: Recreational - No | Medical - Yes | Decriminalized - No
Legal Status
Utah Medical Cannabis Act
Regulations
https://utahstatecannabis.org/laws
Resources
Recreational cannabis is illegal. Medical cannabis is legal for Utahns with qualifying conditions who have obtained Utah medical cannabis cards. Out-of-State patients with temporary medical cannabis cards issued under the state’s medical cannabis program may also access medical cannabis.
The home cultivation of cannabis by patients and caregivers is illegal.
The Compassionate Use Board (CUB) is responsible for reviewing all medical cannabis card applications for patients under 21 and those with conditions not listed in the Utah medical cannabis act.
Patients with conditions not listed in the Utah medical cannabis act may petition the CUB for medical cannabis cards, which will review complete petitions and recommend eligibility on a case-by-case basis.
Additional Information
Vermont
Fully legal
Legal Status
H.270 (2023)
S.54 (2020)
S.234 (2023)
Regulations
https://vermontstatecannabis.org/laws
Resources
Recreational cannabis and medical cannabis are legal. Medical cannabis users are permitted to possess up to 2 ounces of cannabis, which is twice the amount allowed for recreational users.
The home cultivation of cannabis is legal for medical and recreational users. Medical users are permitted to cultivate up to 9 plants, while recreational are allowed no more than 6 plants.
The Vermont Cannabis Control Board is responsible for overseeing the state’s cannabis operations.
The state is currently discussing the creation of a cannabis propagation cultivator license and lifting the potency caps on concentrated cannabis product.
Additional Information
Virginia
Fully legal
Legal Status
HB 2218/SB 1333 (2021)
HB 2312 (2021)
SB 1406 (2021)
Regulations
https://virginiastatecannabis.org/laws
Resources
Recreational and medical cannabis are legal. However, recreational cannabis sales have not commenced in 2024. Adults, aged 21 and older, can purchase recreational cannabis when adult-use cannabis becomes available at dispensaries.
It is legal to possess up to 1 ounce of cannabis in Virginia. It is a felony to possess more than one pound of cannabis in public.
Adults, aged 21 or older, can grow up to 4 cannabis plants per household.
Additional Information
Washington
Fully legal
Legal Status
Medical Use of Marijuana Act (1998)
Washington Marijuana Legalization and Regulation Initiative (2012) (I-502)
Regulations
https://washingtonstatecannabis.org/laws
Resources
Recreational and medical cannabis are legal for individuals 21 years and older. Minors registered for the medical cannabis program can also use cannabis under the watch of designated caregivers.
Eligible patients must not possess more than 3 ounces of medical cannabis. Recreational cannabis is limited to 1 ounce.
Additional Information
West Virginia
Mixed: Recreational - No | Medical - Yes | Decriminalized - No
Legal Status
Senate Bill 386 (2017)
Regulations
https://westvirginiastatecannabis.org/laws
Resources
Medical cannabis is legal for qualifying patients, but recreational cannabis remains illegal. Only state-licensed medical cannabis can sell cannabis to qualifying patients who must be registered under the West Virginia Medical Cannabis Program.
Patients cannot grow their own cannabis at home. Only licensed growers can legally cultivate cannabis plants in West Virginia.
A number of cannabis bills were introduced in the West Virginia legislature recently to modify the state’s medical cannabis laws. Most of them are still pending at various levels of the legislature.
Additional Information
Wisconsin
Mixed: Recreational - No | Medical - CBD oil only | Decriminalized - No
Legal Status
Compassionate Use Act
Regulations
https://wisconsinstatecannabis.org/laws
Resources
Cannabis is illegal. Governor Tony Evers included measures to legalize cannabis in the governor’s executive budget. However, the measures were removed by lawmakers in May 2023.The governor confirmed he is willing to sign a GOP-led limited medical cannabis bill introduced in January 2024 into law.
Wisconsin law allows for the use of CBD products containing no more than 0.3% THC.
Some Wisconsin municipalities have decriminalized cannabis possession of small amounts.
Additional Information
Wyoming
Fully Illegal
Legal Status
Compassionate Use Act
Regulations
https://wyomingcannabis.org/laws
Resources
Cannabis is illegal. Recent attempts to legalize medical cannabis or decriminalize cannabis have failed.
Wyoming has one of the strictest cannabis laws in the United States, and State law mandates harsh penalties for cannabis law violators.
Patients with intractable epilepsy are permitted to use THC-derived CBD oils, but there are no legal means of obtaining such products within Wyoming.
Additional Information