CBD in 2023: All you need to know about the legal status in the U.S.

Home Cannabis CBD in 2023: All you need to know about the legal status in the U.S.
CBD in 2023: All you need to know about the legal status in the U.S.

In recent years, interest in cannabidiol (CBD) has grown significantly. This cannabis-derived compound has become extremely popular due to its purported health benefits and therapeutic potential. However, the legality of CBD varies depending on the country and state you are in.

In this article, we will explore the legal status of CBD in the United States in 2023 and what you can expect in terms of its use and availability.

Is it legal to consume or grow medical cannabis in the USA?

In general, CBD is legal in the United States, but there are certain considerations and restrictions that you should be aware of. The legality of CBD is influenced by the source from which it is derived and the tetrahydrocannabinol (THC) content present in the plant.

CBD derived from hemp

CBD derived from hemp is federally legal in the United States. Hemp is defined as a cannabis strain containing less than 0.3% THC. In 2018, the Farm Bill was passed, legalizing the cultivation, production, sale, and possession of hemp at the federal level. This means you can buy and use hemp-derived CBD products in most states without legal restrictions.

Marijuana-derived CBD

The legality of marijuana-derived CBD is more complex and varies by state. Marijuana is still considered a federally controlled substance in the United States.

Although some states have legalized the recreational and medicinal use of marijuana, the legality of marijuana-derived CBD may be subject to additional restrictions and regulations.

Legal status of CBD in U.S. states

Next, we will analyze the legal status of CBD in the United States in 2023, highlighting the states that have legalized the use and sale of CBD products:

States where CBD is legal without restrictions

In some states, the use and sale of CBD products are not restricted. These states have taken a more permissive stance toward CBD and have recognized its therapeutic potential.

The states where CBD is legal without restrictions in 2023 are:

IllinoisNew Jersey
New MexicoNew York
North DakotaOhio

In these states, you can buy and use CBD products without worrying about additional legal restrictions.

States with CBD related restrictions

Several states have imposed certain restrictions on the use and sale of CBD products. These restrictions may include limits on allowable THC concentration, labeling requirements, and specific regulations on the sale of CBD products.

Currently the states with restrictions are:

MontanaNevadaNew HampshireNorth CarolinaOregon
PennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennessee
TexasUtahVermontWashingtonWest Virginia

In these states, it is important to check specific regulations and legal requirements before purchasing or using CBD products.

States where CBD is ilegal

Only two states in the United States have completely banned the use and sale of hemp-derived CBD products.

These states are:

  1. Idaho: CBD products derived from hemp must meet two conditions to be legal. First, they must contain 0% THC, not simply less than 0.3%. Second, they must be classified as “non-marijuana” under Idaho Code 37-2701(t). This means that CBD can only be obtained from certain parts of the hemp plant.
  2. Nebraska: CBD remains technically illegal in Nebraska, but hemp-derived CBD was decriminalized by the state government in a bill passed in 2019. Nebraska’s LB 657 removed hemp and hemp-derived products from the list of controlled substances. However, CBD products sold in Nebraska must contain less than 0.3% THC and meet certain manufacturing, testing and delivery standards.


Currently the legal status of CBD in the United States shows a mix of permissiveness and restrictions. While cannabidiol from hemp is legal at the federal level and in most states, marijuana-derived CBD is often subject to additional regulations and legal restrictions in some states.

If you wish to use CBD products, it is important to learn about your state’s specific laws and regulations before making a purchase.

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