CBD (Cannabidiol, hemp-derived): is it legal in your state?
CBD (Cannabidiol, hemp-derived) is legal to sell at retail in 11 states, restricted in 33, in a gray area in 7 and illegal in 0 for edible / ingestible. Federal: federal gray area. Verified through October 8, 2026.
Select a state on the map or in the list for the controlling law, verbatim.
Hemp-derived cannabidiol. Federally hemp inside 7 U.S.C. 1639o; FDA treats CBD as barred from food and dietary supplements. Form decides state law: smokable hemp (cigarettes, pre-rolls, flower) is banned or restricted in many states; ingestibles face registration, food and beverage rules and per-container THC caps that full-spectrum products can exceed (OH, NJ now; IL Nov 12, 2026; federal and MO Dec 11, 2026); topicals are lightly regulated; pet products run through feed law. Seeded Oct 7, 2026 with four forms: flower (smokables), edible (all ingestibles), topical, other (pet).
Map shows edible / ingestible. Forms tracked: Edible / ingestible, Flower / raw plant, Other, Topical. Each state page lists every form.
Federal posture
Federal gray area. FDA: CBD barred from food and supplements (enforcement discretion); 0.4 mg per container cap starts Dec 11, 2026. Federal detail and instruments
Pending deadlines
2026-11-12 · MO · Intoxicating Cannabinoid Control Act, RSMo 195.900 (HB 2641 (2026)) Nov 12, 2026: hemp-derived cannabinoid products, CBD and CBG included (topicals and pet products too), may be sold only to 21+; tier 1 products (synthetic or converted cannabinoids, THCA smokables, delta-9 edibles) go dispensary-only. Bulk CBG fits the new hemp definition, but whether extracted versus heat-converted CBG is reached by the manufactured-outside-the-plant clause is untested (see the CBG raw material row).
2026-11-12 · IL · Illinois Hemp Act: 0.4 mg per container cap, total THC, smokable and vape hemp banned (SB 3222 (P.A. 104-463)) Nov 12, 2026: the Illinois Hemp Act replaces the Industrial Hemp Act. Final hemp products over 0.4 mg combined total THC per container are not hemp; final consumer products cannot be intended for smoking or vaping (CBD and CBG pre-rolls and flower); cannabinoids made outside the plant are excluded; processing or handling bulk hemp extract needs an IDOA license. 21+ for products with THC since June 12, 2026. This date does not move with the federal Dec 11 delay.
2026-12-11 · Federal · Federal hemp redefinition, Dec 11 piece: total THC 0.3% and 0.4 mg total THC per container (H.R. 6500 (Pub. L. 119-103) / Pub. L. 119-37 Sec. 781) From Dec 11, 2026 a final hemp product with more than 0.4 mg combined total THC (THCA included) per container is not hemp; full-spectrum CBD oils, gummies, topicals and pet products over 0.4 mg, and CBD flower and pre-rolls (0.3% total THC can exceed 0.4 mg per package) become marijuana federally. THC-free and broad-spectrum products at 0.4 mg or less stay hemp. Cannabinoids synthesized outside the plant are excluded.
2026-12-11 · MO · HB 2641 tier 2 products keyed to federal 7 U.S.C. 1639o timing (HB 2641 (2026) tier 2 / H.R. 6500) Dec 11, 2026: CBD or CBG products over 0.4 mg total THC per container become marijuana under RSMo 195.900 and may be sold only by licensed dispensaries (class D felony, $5,000 per transaction). THC-free and broad-spectrum products at 0.4 mg or less stay general retail, 21+.
2027-01-01 · NH · New Hampshire: hemp measured by total THC; 21+ for any hemp product with THC (SB 624 (2026), Laws 2026 ch. 275) Jan 1, 2027: SB 624 redefines hemp by total THC including THCA at 0.3%, bars products over 0.3%, and makes hemp-derived products with any THC 21+. Read through the official site via a fetch tool on Oct 8, 2026 (direct download blocked); treat as likely until re-read.
2027-07-01 · VA · Virginia: regulated hemp product rules move under the Cannabis Control Authority (Va. Code 3.2-4122 to -4126 (repeal); 3.2-5145.2:1) July 1, 2027: Va. Code 3.2-4122 to -4126 (retail registration, packaging, the 2 mg per package oral THC cap) are repealed as regulation moves to the Virginia Cannabis Control Authority; the food permit duty in 3.2-5145.2:1 extends to anyone who sells or offers for sale industrial hemp extract, which may reach bulk CBG sellers. Watch for the replacement rules.
2028-01-01 · CA · California: AB 8 staged provisions; hemp extraction licensing moves to DCC (AB 8 (Stats. 2025, ch. 248)) Jan 1, 2028: AB 8 staged provisions move hemp extraction licensing to the Department of Cannabis Control, narrow CDPH IHEO authorizations to foods, beverages, supplements, pet food and cosmetics, and move inhalable hemp manufacturing into the licensed cannabis framework.
Compound Analytics. "CBD (Cannabidiol, hemp-derived) Legality by State (2026): Map, Verbatim Law, Deadlines." Compound Laws, https://compoundlaws.com/compounds/cbd/. Accessed October 25, 2026.
Compound Laws, published by Compound Analytics, reports the record: statutes verbatim, official citations, enforcement facts and verification dates. Nothing here is legal advice and nothing here describes how to get around a law. A jurisdiction with no verified row is reported as not yet verified, never as legal. Found an error? Corrections policy.