CBD has become a popular wellness product in the United States, with millions of Americans using it for relief from stress, anxiety, pain, and sleep issues. Despite its widespread use and growing availability, many people still ask: What states is CBD illegal in?
At West Country Herb, we believe in educating our customers about the laws surrounding CBD, especially because those laws can vary drastically by state. In this comprehensive guide, we’ll explore where CBD is legal, which states still place restrictions on it, and what you should know before purchasing or traveling with CBD.
The Legal Status of CBD in the U.S.
To understand which states restrict CBD, it’s important to first understand federal law.
The 2018 Farm Bill federally legalized hemp and hemp-derived products, including CBD, as long as the product contains less than 0.3% THC (tetrahydrocannabinol) on a dry weight basis. THC is the psychoactive compound responsible for the “high” associated with cannabis.
This means that hemp-derived CBD is legal at the federal level in all 50 states. However, states have the power to create their own rules regarding CBD sales, distribution, and consumption. Some states enforce stricter laws despite the federal green light.
What States Is CBD Illegal In?
As of now, CBD is not outright illegal in any state, but some states restrict certain types of CBD products, especially edible or inhalable forms. Let’s break down the states where CBD is highly restricted or regulated differently than the rest of the country.
Idaho
Idaho has some of the strictest CBD laws in the nation. Only CBD isolate with 0% THC is legal. This means that full-spectrum and broad-spectrum products are not allowed. Even trace amounts of THC (under 0.3%) render a product illegal.
CBD-infused foods and beverages are also prohibited in Idaho.
South Dakota
South Dakota legalized hemp-derived CBD in 2020, but the laws remain complex. While CBD oil is legal, CBD edibles, beverages, and smokeable hemp products are often subject to local enforcement and may be considered illegal in some counties.
Nebraska
CBD is technically legal in Nebraska, but the state has confusing and inconsistent enforcement. CBD products with 0.3% or less THC are legal, but CBD in food and drink is considered unlawful. Additionally, smokeable hemp may be treated as a controlled substance in some jurisdictions.
Iowa
Iowa allows CBD only through the state’s medical cannabidiol program. Over-the-counter CBD products are technically illegal unless they are sold by licensed dispensaries and approved by the Iowa Department of Health.
Texas (Restricted, Not Illegal)
CBD is legal in Texas if it contains less than 0.3% THC. However, CBD-infused food and drinks remain restricted, and certain cities enforce laws differently. While enforcement is lax in some areas, others may take a stricter approach.
States with Confusing or Limited CBD Laws
While not illegal, several states maintain unclear or evolving CBD regulations:
- Georgia: CBD is legal, but only low-THC oil is allowed for medical use under certain conditions. Retail sales are largely unregulated.
- Indiana: CBD is legal, but products must be clearly labeled and contain less than 0.3% THC. Smokeable hemp was temporarily banned but reinstated under appeal.
- Mississippi: CBD was legalized for medical use, and over-the-counter sales are in a gray area. Regulations are currently shifting.
- North Carolina: Hemp-derived CBD is legal, but smokeable hemp may be targeted by law enforcement in some counties.
What States Have Fully Legalized CBD?
The vast majority of states have embraced hemp-derived CBD under federal guidelines. In these states, CBD is fully legal and widely available in health stores, pharmacies, and online:
- California
- Colorado
- Oregon
- Washington
- Florida
- New York
- Illinois
- Arizona
- Nevada
- Massachusetts
- Pennsylvania
- Michigan
- New Jersey
- Vermont
- Maine
In these states, CBD is generally available in all forms, including tinctures, gummies, edibles, beverages, capsules, and topicals.
West Country Herb proudly ships to customers in all legal states and provides lab-tested, compliant CBD products that meet federal guidelines.
Types of CBD and Legal Differences
Understanding the type of CBD you’re using is crucial because not all forms are treated the same way under state laws.
Full-Spectrum CBD
Contains all cannabinoids from the hemp plant, including trace THC (up to 0.3%). Some states ban or restrict these products, especially if any THC is present.
Broad-Spectrum CBD
Includes multiple cannabinoids and terpenes but no THC. Legal in most states but may still be restricted in states like Idaho or Iowa.
CBD Isolate
Pure CBD with zero THC. This is the most widely accepted form of CBD, including in states with stricter laws.
Is It Safe to Travel with CBD?
Traveling with CBD within the U.S. is generally safe if the product:
- Is derived from hemp
- Contains less than 0.3% THC
- Is properly labeled
- Comes with a Certificate of Analysis (COA)
However, avoid traveling with CBD to or through Idaho, Iowa, or Nebraska, where enforcement may vary and possession could be misinterpreted as illegal under local laws.
Always keep your product packaging and lab results on hand when traveling across state lines.
How to Ensure Your CBD Is Legal
To stay compliant, West Country Herb recommends the following:
- Buy only hemp-derived CBD products with less than 0.3% THC
- Choose reputable brands that provide third-party lab testing
- Read product labels for CBD and THC content
- Understand local laws in your home state and any state you plan to visit
- Avoid smokeable or edible CBD in restrictive states
West Country Herb offers clear labeling, lab reports, and customer support to help you understand what’s in your CBD and how it aligns with state and federal laws.
Frequently Asked Questions (FAQs)
Is CBD legal in all 50 states?
CBD is federally legal in all 50 states, but some states have restrictions on certain products, especially those with THC, or CBD in food or beverages.
Can I bring CBD on a plane?
Yes, as long as the product contains less than 0.3% THC and is derived from hemp. Always keep product packaging and lab reports with you.
Which states have banned CBD entirely?
No state has completely banned CBD. However, Idaho, Iowa, Nebraska, and South Dakota have tight restrictions on CBD products.
Can I buy CBD in Texas?
Yes, CBD is legal in Texas as long as it contains less than 0.3% THC. CBD in food or drink is still regulated.
Is CBD allowed in grocery stores and gas stations?
Yes, in most states. But the quality and legality of these products can vary. Always choose trusted sources like West Country Herb.
Do I need a prescription for CBD?
No. Hemp-derived CBD products are available over the counter in most states. However, some states like Iowa only allow CBD through state-licensed medical programs.
What’s the safest form of CBD to buy if I’m unsure of my state’s laws?
CBD isolate is the safest option for travel and use in restrictive states. It contains zero THC and is the least likely to cause legal issues.
How can I tell if my CBD is legal?
Check the label for hemp source, THC content, and third-party lab tests. West Country Herb includes all of this with every product we sell.
Final Thoughts: Where Is CBD Illegal?
While CBD is not completely illegal in any state, a handful still impose strict limits on THC content, product types, and distribution. States like Idaho, Iowa, Nebraska, and South Dakota require extra caution, especially when purchasing or traveling with full-spectrum CBD or infused edibles.
If you live in or travel through any of these restrictive states, be sure to understand their specific CBD laws and stick with CBD isolate products to avoid legal trouble.
At West Country Herb, we’re committed to transparency, compliance, and helping our customers feel confident in their CBD journey. Whether you’re new to CBD or looking for trustworthy products, we provide high-quality, federally compliant hemp products with full lab testing and detailed labeling.
Visit West Country Herb to explore our premium CBD oils, edibles, capsules, and topicals—and enjoy peace of mind, no matter what state you’re in.