Legal-information notice: This database summarizes public government records for general education. It is not legal advice and does not determine whether a particular product, shipment, business practice, or purchase is lawful. State rules can depend on product form, THC content, age, licensing, food law, local rules, and effective dates. Recheck the linked government source before acting.
State-by-state CBD and hemp-product rules
CBD rules are not one simple yes-or-no map. This database records what the current state source says about retail hemp-derived CBD products, licensing, THC limits, age rules, product-form restrictions, and upcoming changes.
How to Read the State Records
- Retail status summarizes whether the state allows some form of hemp-derived CBD retail sale under the cited rules. It is not a blanket legality statement.
- Key restrictions flag the rules most likely to change the answer for a consumer or seller.
- Upcoming change is used when enacted law has a future effective date.
- Last checked tells you when CBDCafe reviewed the linked government source.
State CBD and Hemp-Product Rules
Showing all 50 states.
Search controls require JavaScript. All 50 state records remain listed in the table below.
| State | Current retail snapshot | Key restrictions and notes | Official source | Last checked |
|---|---|---|---|---|
| Alabama | Consumable hemp products may be sold through Alabama ABC-licensed consumable-hemp retailers to purchasers 21 or older. | Since January 1, 2026, products offered for sale must meet state requirements including a batch COA. Online sales, direct delivery, drive-through sales, and direct shipments to consumers are prohibited. Act 2026-504 takes effect October 1, 2026 and allows certain topical or sublingual products in licensed pharmacies and hemp beverages in qualifying retail food stores, subject to the state retail framework. Product and serving limits also apply. | Code of Alabama § 28-12-45 · § 28-12-60 | September 13, 2026 |
| Alaska | State-endorsed industrial hemp products can be sold, but products intended for human or animal consumption face unusually strict cannabinoid rules. | Before sale, processed products intended for human or animal consumption must be endorsed by the Division of Agriculture. Alaska says endorsed consumable hemp products may not contain delta-9 THC or non-naturally occurring cannabinoids. Final-form testing and retailer registration apply. | Alaska Industrial Hemp Program · Product Endorsement Guide | September 13, 2026 |
| Arizona | Arizona Department of Agriculture says a hemp-program license is not required solely to retail finished, post-processed CBD or hemp-derived products. | Licensing is required for industrial-hemp production and processing activities. The retail FAQ does not replace other food, drug, consumer-product, or federal requirements that may apply to a finished product. | Arizona Industrial Hemp FAQ | September 13, 2026 |
| Arkansas | Consumable hemp products are regulated through Arkansas Tobacco Control rather than treated as unregulated general retail goods. | Act 934 created permitting and recordkeeping rules for manufacturers, wholesalers, and retailers. The Attorney General certified the Act on April 22, 2026, activating its contingent provisions. The law defines a minor as under 21 and imposes product-specific cannabinoid and THC requirements. Retail sale without the required permit is prohibited. | Arkansas Act 934 listing · Attorney General certification | September 13, 2026 |
| California | Nonintoxicating CBD and CBN products remain available, but California sharply limits which hemp extracts may be used in foods, beverages, and dietary supplements. | As of January 1, 2026, industrial-hemp extract used in food, beverages, dietary supplements, and food additives cannot contain THC or synthetic cannabinoids and must meet the state’s CBD/CBN-isolate purity rule. Human-consumption hemp products are 21+, and the five-servings-per-package rule remains. Hemp flower, hemp pre-rolls, and inhalable hemp products containing hemp-derived THC cannot be sold in California. | CDPH AB 8 FAQ | September 13, 2026 |
| Colorado | Colorado permits hemp products containing nonintoxicating cannabinoids, subject to detailed cannabinoid, THC, manufacturing, and age restrictions. | Current rules prohibit synthetic cannabinoids and generally cap manufactured hemp products at 1.75 mg total THC per serving with a CBD:THC ratio of at least 15:1. Additional serving/package and 21+ restrictions can apply when THC exceeds 1.25 mg and the CBD:THC ratio is below specified thresholds. | Colorado Hemp Product Regulations, 6 CCR 1010-24 | September 13, 2026 |
| Connecticut | CBD products with no THC can be sold without a Connecticut hemp-product vendor permit; products with THC move into different regulatory tiers. | A product with 0.5 mg or more THC per container requires moderate-THC hemp vendor registration. A high-THC hemp product, including a non-beverage product with more than 5 mg THC per container, may only be sold by licensed cannabis dispensaries/retailers/hybrid retailers. | Connecticut CBD licensing FAQ · High-THC hemp definition | September 13, 2026 |
| Delaware | Delaware is in a transition period with an enacted hemp clarification taking effect October 21, 2026. | Effective October 21, state law expressly says the marijuana chapter does not prohibit compliant non-beverage hemp products or require a marijuana license solely to sell them. The same section says a product is not marijuana merely because it contains listed cannabinoids such as CBD, CBG, CBN, CBC, or up to 0.3% delta-9 THC on a dry-weight basis. Infused beverages follow separate rules. | Delaware Code § 1313A | September 13, 2026 |
| Florida | Florida regulates hemp extract intended for ingestion or inhalation and allows compliant hemp-derived cannabinoids, including CBD, within its state hemp framework. | Florida’s hemp statute defines hemp extract separately and uses a 0.3% total delta-9 THC limit on a wet-weight basis for hemp extract. Retail and wholesale/manufactured food establishments handling hemp extract can require FDACS food permits, and testing/packaging rules apply. | Florida Statutes § 581.217 · FDACS Retail Food Permit | September 13, 2026 |
| Georgia | Consumable hemp retail is licensed and limited to adults 21 or older. | Georgia prohibits retail sale of hemp flower/leaves and prohibits consumable hemp products that are components of food products. Gummies and oil-based tinctures can be sold when they meet the statute. A public full-panel COA is required, with child-resistant/tamper-evident packaging and other labeling rules. | Georgia Department of Agriculture: Retail Consumable Hemp Licenses | September 13, 2026 |
| Hawaii | Only compliant manufactured hemp products may be sold, and retailers/distributors generally must register with the Hawaii Department of Health. | Registration enforcement began July 1, 2026. Allowed forms include certain edibles, tinctures, beverages, and topicals that meet state rules. Hemp flower/pre-rolls, cannabinoid vapes, synthetic or artificially derived cannabinoids, and noncompliant foods are prohibited. Products are labeled not for sale to persons under 21. | Hawaii Hemp Retailer/Distributor FAQ | September 13, 2026 |
| Idaho | Finished CBD products can be retailed without an Idaho State Department of Agriculture hemp license only when they meet Idaho’s stricter cannabinoid rule. | ISDA states that CBD sold in Idaho must contain zero percent THC. Hemp-producer and handler licensing is separate from retail. Do not apply the federal 0.3% threshold as though it were Idaho’s retail CBD rule. | Idaho Hemp FAQ | September 13, 2026 |
| Illinois | Illinois currently distinguishes low-THC/nonintoxicating hemp-derived products from other hemp-derived cannabinoid products for age restrictions, with a statutory transition scheduled for November 12, 2026. | Current law bars sale of hemp-derived products to people under 21 unless the product fits the statutory exception, including no synthetic or outside-the-plant manufactured cannabinoids and no more than 0.4 mg total tetrahydrocannabinols per container. Retailers must verify age for products outside the exception. The current Industrial Hemp Act is scheduled to be repealed November 12, 2026, when the new Illinois Hemp Act takes effect. | Illinois Compiled Statutes, 505 ILCS 89/20 · Illinois Hemp Act, 410 ILCS 707 | September 13, 2026 |
| Indiana | Indiana excludes qualifying low-THC hemp extract from controlled substances and permits compliant hemp-derived CBD products subject to state labeling rules. | Indiana’s low-THC hemp-extract definition uses no more than 0.3% total delta-9 THC including precursors and excludes smokable hemp. Indiana’s CBD retail law requires scannable labeling/COA access. Several 2026 proposals to change hemp retail rules were introduced but did not become current law in this check. | Indiana Code, Title 24 · Indiana Attorney General Opinion 2023-1 | September 13, 2026 |
| Iowa | Consumable hemp products may be sold only through registered establishments and products must meet Iowa’s consumable-hemp requirements. | Iowa requires 0.3% or less total THC. Inhalable products are prohibited, as are animal/pet products and products marketed to cure, treat, mitigate, prevent disease, or affect body function. Retailers and manufacturers must register and maintain product lists; food-processing rules can also apply. | Iowa HHS Consumable Hemp Program | September 13, 2026 |
| Kansas | CBD oil is not automatically prohibited in Kansas hemp products, but the state bans several product forms and applies its food/drug rules. | State law prohibits industrial-hemp cigarettes, cigars, chew/dip, hemp teas, and hemp material for vaporizing devices. Other human/animal consumable products cannot contain hemp-derived ingredients prohibited under Kansas food/drug or feed law; the statute says this does not otherwise prohibit cannabidiol oil. | Kansas Statutes § 2-3908 | September 13, 2026 |
| Kentucky | Kentucky regulates hemp-derived cannabinoid products through product registration, processing/manufacturing rules, labeling, testing, and retail requirements. | Retail cannabinoid products must come from an approved source, be properly packaged and labeled, and have a valid COA available. Adult-use cannabinoid products may not be sold, gifted, or transferred to anyone under 21. Kentucky separately defines non-intoxicating cannabinoid products using a cannabinoid ratio and per-serving threshold; whole hemp buds, ground floral or leaf material, and products above 0.3% total THC cannot be sold directly to consumers in a retail setting. | 902 KAR 45:012 retail requirements · 902 KAR 45:021 product requirements | September 13, 2026 |
| Louisiana | Consumable hemp products must be registered with the Louisiana Department of Health, processors must hold the required permit, and wholesalers and retail sellers must obtain an ATC permit. | Louisiana requires final-product COAs and annual product registration. The January 2026 final registration rule says a product packaged, labeled, or marketed with a serving above 5 mg total THC cannot be registered; it also excludes inhalable forms, floral hemp material, and vape products from registration. LDH’s separate COA webpage still displays an older 8 mg-per-serving statement, so CBDCafe uses the newer final rule for the registration limit while preserving the agency-page discrepancy. | Louisiana 2026 consumable-hemp final rule · Louisiana retail permit FAQ · LDH COA Requirements | September 13, 2026 |
| Maine | Maine law allows food, food additives, and food products containing hemp-derived CBD and does not treat them as adulterated solely because they contain hemp or CBD. | State law says nonpharmaceutical/nonmedical manufacture, sale, and distribution of hemp-containing food cannot be prohibited solely because hemp is included. Food establishments cannot make unapproved disease-treatment claims. Other product and licensing rules can still apply. | Maine Revised Statutes, Title 22 § 2158-A | September 13, 2026 |
| Maryland | Maryland treats conventional food containing added CBD differently from low-THC cannabinoid products sold outside the regulated cannabis market. | MDH says licensed food establishments may not manufacture or sell food containing CBD because it is considered an unapproved food additive. Separately, Maryland cannabis law requires a cannabis license when a human-consumption or inhalation product contains more than 0.5 mg THC per serving or 2.5 mg per package, with a limited hemp-tincture exception; synthetic/non-naturally occurring cannabinoid products are prohibited. | Maryland Department of Health: CBD in Food · Maryland Code § 36-1102 | September 13, 2026 |
| Massachusetts | Massachusetts allows retail sale of some hemp-derived CBD products, but product category matters and the state does not treat CBD food as an ordinary retail food ingredient. | The Department of Agricultural Resources does not require a hemp-specific retail license. Its guidance generally allows non-food CBD products that do not make medicinal or therapeutic claims and are not marketed as dietary supplements. CBD added to conventional food is not allowed, and hemp-derived delta-8 THC may not be processed or sold. Raw hemp flower is not allowed in ordinary retail; finished hemp flower may be sold only through the licensed Cannabis Control Commission channel. | Massachusetts hemp-derived product FAQ · Massachusetts CBD/THC food guidance · Massachusetts hemp-to-cannabis-licensee FAQ | September 13, 2026 |
| Michigan | Michigan regulates hemp growing, processing, finished hemp products, and food uses through different agencies; a CBD label does not create one blanket retail rule. | The Cannabis Regulatory Agency regulates hemp processing and processor-handler licensing. Michigan states that a processor-handler license is needed to manufacture or sell intermediary, in-process, or finished hemp products or smokable flower. MDARD states that CBD or THC is not approved for use in food, drink, dietary supplements, or animal feed, and food businesses remain subject to Michigan food licensing and labeling rules. | Michigan CRA: Hemp Processing · MDARD Hemp Resources · MDARD: Hemp in Food and Dairy Products | September 13, 2026 |
| Minnesota | Minnesota licenses lower-potency hemp edible businesses and separately allows hemp-derived topical products under a no-license topical section. | Lower-potency hemp edibles are limited to adults 21 and older. Non-beverage products may contain no more than 5 mg hemp-derived delta-9 THC per serving and 50 mg per package; beverages may contain no more than 10 mg per container. Licensed retailers also need local retail registration. Hemp-derived topicals do not require a hemp-topical license, and an August 1, 2026 amendment allows naturally occurring hemp concentrate in those products when total THC does not exceed 0.3%; cannabinoid topicals remain restricted to people 21 and older. | Minnesota OCM: Lower-Potency Hemp Edibles · Minnesota Statutes § 342.66 · 2026 Minnesota Laws, Chapter 123 § 114 | September 13, 2026 |
| Mississippi | Mississippi’s current government materials do not present one comprehensive consumer-CBD retail program, so retail status remains product-specific and should be verified against the product form and applicable rules. | MDAC does not operate a state hemp-production licensing program; producers use USDA licensing. Mississippi’s controlled-substances framework exempts hemp regulated under the state hemp provisions, while separate medical-cannabis and FDA-approved-cannabidiol pathways also exist. CBDCafe did not identify a current Mississippi consumer-hemp registration system comparable to states with dedicated consumable-hemp retail programs, so this record does not infer a blanket retail permission from the cultivation law. | Mississippi Department of Agriculture: Hemp Cultivation · Mississippi State Department of Health: Food Code and Food Facility Regulations | September 13, 2026 |
| Missouri | As of September 11, Missouri DHSS says industrial-hemp CBD products sold outside licensed cannabis facilities are not regulated by its Division of Cannabis Regulation, but enacted Section 195.900 creates a future transition with split timing. | Section 195.900 treats defined hemp-derived cannabinoid products as marijuana and routes them into the licensed cannabis framework. Listed categories in subsection 11(1)(a) take effect November 12, 2026. For other hemp-derived cannabinoid products, subsection 11(2) ties application to periods when federal hemp restrictions prohibit those products. Public Law 119-103 delays most federal Section 781 amendments until December 11, 2026, while leaving the narrow non-naturally producible cannabinoid exclusions in effect earlier. Do not apply either future rule before its effective date. | Missouri DHSS Cannabis FAQ · Missouri HB 2641, final enacted text · Public Law 119-103 / H.R. 6500 enrolled text | September 13, 2026 |
| Montana | Montana permits naturally occurring nonintoxicating cannabinoids under tighter state limits, while synthetic cannabinoids and hemp products containing total THC face strong restrictions. | The Department of Revenue says synthetic cannabinoid products are prohibited and that SB 375 prohibits sale of hemp products containing any level of total THC. The same agency distinguishes naturally occurring cannabinoids as legal in Montana. Montana DPHHS also does not treat CBD as an approved conventional-food or dietary-supplement ingredient under its food guidance. | Montana DOR: Synthetic Cannabinoids · Montana DPHHS CBD/Hemp Food Policy | September 13, 2026 |
| Nebraska | Nebraska has not enacted the proposed consumable-hemp restrictions in LB316; hemp production now operates through USDA or an authorized tribal program. | The Nebraska Department of Agriculture directs hemp producers to federal or tribal licensing rather than a current state production license. LB316, which proposed broader restrictions on hemp other than cannabidiol products, was indefinitely postponed April 17, 2026. The current state hemp-program page does not establish a separate statewide consumable-CBD retail license, so this record does not infer blanket retail permission from production law. | Nebraska Department of Agriculture: Hemp · Nebraska LB316 actions | September 13, 2026 |
| Nevada | Nevada permits retail sale of qualifying hemp products outside licensed cannabis establishments, with disclosure and advertising rules for unlicensed sellers. | An unlicensed seller offering a hemp product intended for human consumption must display signs stating that the location is not licensed to sell cannabis and that its hemp products contain less than the legal THC limit. The seller may not advertise the product as cannabis or as producing an intoxicating effect. Nevada food establishments may use only hemp components that FDA has determined safe or generally recognized as safe for food use, which does not create a general CBD-food authorization. | Nevada Revised Statutes § 678A.660 · Nevada Revised Statutes § 580.520 | September 13, 2026 |
| New Hampshire | New Hampshire’s current hemp chapter permits hemp as an agricultural product and does not create the CBD product-registration system previously proposed in HB 272. | Current RSA 439-A defines hemp using no more than 0.3% delta-9 THC on a dry-weight basis and says the chapter does not authorize sale of hemp-derived products above that level. HB 272, which proposed CBD product registration, testing, labeling, and CBD-food provisions, did not become law. SB 624 was signed July 2, 2026 and takes effect January 1, 2027 for the relevant hemp provisions, changing the hemp definition to total THC, expressly prohibiting products over 0.3% total THC, and barring sales of THC-containing hemp-derived products to people under 21. Do not apply those 2027 rules early. | New Hampshire RSA Chapter 439-A · New Hampshire SB 624 status · New Hampshire HB 272 status | September 13, 2026 |
| New Jersey | New Jersey sharply limits hemp-derived cannabinoid products and routes products above its current hemp thresholds into the licensed cannabis system. | Since April 13, 2026, a hemp-derived cannabinoid product must remain below 0.3% total THC on the applicable dry-weight basis and below 0.4 mg total THC per container; products above those limits are treated as cannabis under state law. Sale of a product containing any detectable THC to a person under 21 is prohibited. Intoxicating hemp beverages have a temporary licensed pathway through November 13, 2026; since May 31 they are limited to 5 mg total THC per serving and 10 mg per container and face testing and registration requirements. | New Jersey CRC Intoxicating Hemp FAQ · New Jersey Division of Taxation: Intoxicating Hemp Beverage | September 13, 2026 |
| New Mexico | New Mexico’s permanent 2026 hemp post-harvest rule sets product, testing, labeling, facility, and cannabinoid requirements for hemp finished products. | The replacement 20.10.2 NMAC took effect January 28, 2026. Most hemp finished products may contain no more than 0.3% total THC, 2 mg total THC per serving, and 20 mg per package; hemp tinctures may contain up to 100 mg total THC per package, while broad-spectrum products may contain up to 6 mg per package. Cosmetics and vapes are exempt from the 2 mg serving and 20 mg package limits but not the broader rule. Products require batch testing, and labels may not make medical, health, or disease claims. The rule generally bars semi-synthetic and synthetic cannabinoids at hemp facilities, with a limited list of named cannabinoids allowed as ingredients when laboratory purity is at least 98%. | New Mexico 20.10.2 NMAC, effective January 28, 2026 | September 13, 2026 |
| New York | New York requires an Office of Cannabis Management license or permit for businesses that make, distribute, or sell cannabinoid-hemp products and allows compliant products under detailed state rules. | Allowed forms include products such as tinctures, capsules, topicals, and qualifying food and beverage products. Intoxicating hemp products are prohibited in the cannabinoid-hemp program, and delta-8 and other synthetic, artificially derived, or isomerized cannabinoids are not allowed. Flower, concentrated cannabinoid-hemp products, and products containing more than 0.5 mg total THC per serving are restricted to adults 21 or older; pre-rolls, hemp cigarettes, and cigars are outside the cannabinoid-hemp retail program. | New York OCM: Cannabinoid Hemp Consumers · New York Cannabinoid Hemp Guidance | September 13, 2026 |
| North Carolina | North Carolina hemp cultivation operates under USDA rather than a state hemp-production program, and the proposed dedicated consumable-hemp framework in H328 has not become law. | NCDA&CS says the state hemp pilot program ended and cultivation licensing transferred to USDA; the department also no longer registers hemp processors. H328 returned to the House Rules Committee on July 30, 2026, so its proposed licensing, age, product, and enforcement provisions are not current law. Product-specific federal, controlled-substances, food, and general consumer-protection rules still need checking rather than treating the pending bill as enacted. | North Carolina Department of Agriculture: Hemp · North Carolina H328 status | September 13, 2026 |
| North Dakota | North Dakota allows several non-synthetic CBD, CBG, and CBN product forms while banning altered, psychotropic, and hemp-extract inhalable products. | The Department of Agriculture says full-spectrum, broad-spectrum, and isolate CBD products can be sold. Tinctures, topicals, and edibles containing CBD, CBG, or CBN may be sold when they contain no synthetic cannabinoids and comply with North Dakota’s total-THC rule. Hemp-extract vapes and inhalants are prohibited. A product containing only delta-9 THC and no other cannabinoids is treated as psychotropic and is not legal for retail even if its percentage appears low enough under a dry-weight claim. | North Dakota Department of Agriculture: Hemp Retail FAQ | September 13, 2026 |
| Ohio | Ohio’s hemp definition changed March 20, 2026 and now uses total THC plus a strict final-product per-container threshold. | Chapter 928 excludes from hemp a final hemp-derived cannabinoid product containing more than 0.4 mg combined total per container of total THC, including THCA, plus other cannabinoids with similar effects identified by the state. It also excludes specified cannabinoids that cannot be naturally produced by cannabis or that were synthesized or manufactured outside the plant. Ohio’s processing rules still require batch testing, certificates of analysis, labeling, and contaminant controls before products are offered for sale. | Ohio Revised Code Chapter 928 · Ohio Administrative Code 901:14-2 | September 13, 2026 |
| Oklahoma | Oklahoma currently requires products marketed as hemp to test at no more than 0.3% total THC, with processor and handler licensing applying to hemp-processing activities. | ODAFF’s January 16, 2026 clarification defines total THC as delta-9 THC plus 87.7% of THCA. That letter described the federal hemp-definition amendments under Public Law 119-37 as taking effect November 12, 2026. Congress later enacted Public Law 119-103, delaying most Section 781 hemp-definition amendments until December 11, 2026 while leaving the narrower exclusion for cannabinoids that cannot be naturally produced by Cannabis sativa L. on the earlier schedule. The January letter remains useful for Oklahoma’s current total-THC rule, but its federal transition date is no longer complete. | Oklahoma ODAFF 2026 Hemp Clarification Letter · Public Law 119-103 / H.R. 6500 enrolled text | September 13, 2026 |
| Oregon | Oregon allows cannabinoid-hemp products in the general market only under a vendor-licensing, product-registration, testing, labeling, and THC-limit framework. | Most Oregon businesses selling hemp products to consumers need an Oregon Department of Agriculture hemp vendor license. Since January 1, 2026, most hemp items intended for human or animal use must also be registered with OLCC and labeled under OLCC rules before general-market sale, with topical-only products among the exceptions. Oregon requires compliance testing and applies product-form THC limits; artificially derived cannabinoids are generally excluded from the general market. | Oregon OLCC: Selling Hemp · Oregon Hemp Registry FAQ | September 13, 2026 |
| Pennsylvania | Pennsylvania does not require a general state hemp license solely for wholesaling, retailing, or brokering hemp products, but product-specific food and other licenses can still apply. | The Department of Agriculture says no state-level hemp permit is required specifically for wholesale, retail, or brokerage activity. Food businesses, seed sellers, and plant sellers can require separate licenses or registrations. Pennsylvania’s Department of Revenue also states that current federal and state law do not permit sale for human consumption of food, nutritional or dietary supplements, candy, gum, or beverages with CBD added. Non-food products remain subject to the laws governing their category. | Pennsylvania Hemp Program FAQ · Pennsylvania DOR: CBD and Hemp Products | September 13, 2026 |
| Rhode Island | Rhode Island licenses retail and distribution activity for hemp-derived consumable CBD products and limits retail purchase to adults 21 and older. | Licensed retailers must verify every purchaser’s government-issued identification, keep consumable CBD products separate from other merchandise in a prominently identified area unless an alternative is approved, and follow state labeling and advertising rules. The Industrial Hemp Program rules govern the retail and distribution framework for these consumable CBD products. | Rhode Island Industrial Hemp Program Rules | September 13, 2026 |
| South Carolina | South Carolina permits hemp farming, processing, and handling through separate state permit or license categories, while finished-product rules still depend on product form. | SCDA requires processors to hold a Hemp Processor Permit plus the applicable Dealer and Handler and Weighmaster licenses; separate handler permits apply to activities such as storage, transport, brokerage, laboratories, and other hemp services. The state’s public-health hemp-beverage page now directs food-safety questions to SCDA after the July 2024 transfer of the Food Safety Program. Beverage, food, non-food CBD, and retail questions should be checked against the current product form and applicable SCDA rules rather than reduced to one statewide yes-or-no label. | South Carolina Hemp Applications · South Carolina Hemp FAQ · South Carolina DPH: Hemp Beverages | September 13, 2026 |
| South Dakota | South Dakota permits compliant industrial-hemp products within its current hemp definition but bans smokable or inhalable industrial hemp and products containing chemically derived cannabinoids. | State law prohibits the sale or use of industrial hemp for smoking or inhaling. It also prohibits chemically modifying or converting CBD or hemp into delta-8, delta-9, delta-10, or another THC isomer, analog, or derivative and prohibits sale or distribution of industrial-hemp products containing chemically derived cannabinoids. Separate under-21 restrictions apply to products intended for human consumption containing named intoxicating cannabinoids. Chapter 38-35 also shows a separate statutory rewrite scheduled for January 1, 2027, which should not be applied early. | South Dakota Codified Laws Chapter 38-35 · South Dakota Codified Laws Chapter 34-20B | September 13, 2026 |
| Tennessee | Tennessee regulates hemp-derived cannabinoid products through the Tennessee Alcoholic Beverage Commission, with the post-transition licensing and supply-chain framework fully in effect. | Legacy Department of Agriculture licenses expired June 30, 2026. TABC now licenses regulated manufacturing, wholesale distribution, and retail sale of legal hemp-derived cannabinoid products. TABC says products with non-detectable THC fall outside its hemp-derived-cannabinoid licensing rules, while regulated products at or below 0.3% total THC remain subject to licensure and product rules; products above 0.3% total THC are illegal. Beginning July 1, TABC-licensed retailers may obtain regulated products only from TABC-licensed wholesalers. Tennessee also requires annual brand registration and imposes a wholesale cannabinoid tax. | Tennessee ABC Hemp FAQ · Tennessee Revenue: Hemp-Derived Cannabinoid Products | September 13, 2026 |
| Texas | Texas allows properly tested, packaged, and labeled consumable hemp products through a DSHS licensing and retail-registration system, subject to additional cannabinoid restrictions. | Retail sellers must hold a DSHS Retail Hemp Registration and verify purchasers are 21 or older. Consumable hemp products may contain no more than 0.3% delta-9 THC on a dry-weight basis. Effective July 31, 2026, Texas treats delta-8 THC as a controlled substance except for naturally occurring trace amounts in the hemp plant; products labeled for delta-8 or containing more than trace amounts may be detained and referred to law enforcement. Manufacturing consumable hemp products for smoking in Texas remains prohibited, while properly licensed distribution and retail sale of smoking products continues under the existing court/injunction framework. | Texas DSHS Consumable Hemp Program · Texas Consumable Hemp FAQ | September 13, 2026 |
| Utah | Utah permits cannabinoid products through a state product-registration and retailer-permit framework. | Every cannabinoid product marketed, sold, or distributed in Utah must be registered annually with the Utah Department of Agriculture and Food unless a statutory exception applies. Retail establishments marketing or selling industrial-hemp products must maintain a current UDAF hemp retail permit, and cannabinoid-product retailers must register annually. Product registration is governed by Utah Code 4-41 and the state’s cannabinoid testing and labeling rules. | Utah Cannabinoid Product Registration · Utah Hemp Retail Permits | September 13, 2026 |
| Vermont | Vermont recognizes hemp products, including products containing CBD, within its hemp definitions, while USDA now regulates hemp cultivation and Vermont separately prohibits intoxicating hemp-derived products. | Vermont ended its state hemp-production program after 2022, so growers register with USDA. State law defines hemp products broadly to include cosmetics, personal-care products, foods, and products containing hemp-derived cannabinoids such as CBD. The Cannabis Control Board states that hemp-derived THC concentrates, synthetic cannabinoids, and hemp-derived products that exceed state quantitative limits or are marketed for intoxicating effect are prohibited; hemp processing itself is no longer a separately licensed state hemp activity. | Vermont Cannabis Control Board: Understanding Hemp · 6 V.S.A. § 562 · Vermont Hemp Program | September 13, 2026 |
| Virginia | Virginia permits qualifying industrial-hemp extracts for human consumption under a strict total-THC and per-package framework plus regulated-hemp-product retail-facility registration. | Since August 15, 2026, an industrial-hemp extract offered at retail must contain no more than 0.3% total THC and no more than 2 mg total THC per package; the former 25:1 CBD-to-THC alternative no longer applies to the retail extract requirement. Facilities selling regulated hemp products, or orally or inhaled products advertised as containing industrial-hemp-derived cannabinoids, must register. Products containing THC remain subject to separate packaging, labeling, and age restrictions. | Virginia Code: Industrial Hemp Extract Intended for Human Consumption · Virginia Retail Facility Registration | September 13, 2026 |
| Washington | Washington allows non-ingestible CBD topical or health-and-beauty products outside the licensed cannabis system but does not permit general-market ingestible, smokable, vape, tincture, or other orally consumed CBD products. | WSDA says CBD cannot be added to food or beverages or sold as a dietary supplement and states that CBD gummies, candies, tinctures, foods, beverages, joints, and vapes cannot legally be sold in the general market. Non-ingestible CBD topical products are allowed. Washington also restricts products with detectable THC to licensed cannabis retailers, subject to narrow statutory exemptions such as qualifying cannabis health-and-beauty aids. | Washington State Department of Agriculture Hemp FAQ · Washington LCB: Hemp-Derived and Synthetic THC Products | September 13, 2026 |
| West Virginia | West Virginia permits hemp products including CBD, while products inside its regulated hemp-derived-cannabinoid category face permits, product approval, labeling, age, remote-sale, and tax requirements. | The Industrial Hemp Development Act says hemp-derived cannabinoids including CBD are not controlled substances or adulterants and permits hemp derivatives in cosmetics, personal-care products, and products intended for human or animal consumption. The Select Plant-Based Derivatives section separately requires permits for manufacturing, processing, distribution, and retail sale of regulated hemp-derived cannabinoid products, including remote sellers into West Virginia; products must have approved labels, and regulated access is generally limited to adults 21 and older. Naturally occurring derivative products with no THC are excluded from that age-21 subsection. | West Virginia Code § 19-12E-12 · West Virginia Industrial Hemp Development Act | September 13, 2026 |
| Wisconsin | Wisconsin no longer operates a state hemp production program; USDA licenses growers, while processors and retail products remain subject to the state and federal rules that apply to their product category. | DATCP discontinued its hemp program January 1, 2022. Wisconsin growers are licensed by USDA and hemp processors no longer need the former DATCP hemp-processing license, though processors remain subject to DATCP authority for consumer and food products. Wisconsin’s weights-and-measures guidance requires packaged hemp flower and CBD products to meet method-of-sale and labeling requirements. CBDCafe did not identify a current Wisconsin-specific consumable-CBD retail permit comparable to states with dedicated cannabinoid retail systems. | Wisconsin DATCP Hemp Resources · Wisconsin Hemp Flower and CBD Product Labeling | September 13, 2026 |
| Wyoming | Wyoming allows possession, purchase, sale, transportation, and use of compliant hemp and hemp products, while prohibiting products above its THC threshold or containing synthetic substances. | Wyoming defines hemp or a hemp product as Cannabis sativa L. material or a derived product with no synthetic substance and no more than 0.3% THC on a dry-weight basis using post-decarboxylation or another similarly reliable method. State law allows possession, purchase, sale, transportation, and use except for named statutory restrictions. Producing or processing hemp requires licensing, and no person may produce, process, or sell hemp or hemp products above the 0.3% THC limit or add a synthetic substance. | Wyoming Statutes Chapter 51: Hemp Production · Wyoming Department of Agriculture Hemp Program | September 13, 2026 |
How to Check Your State Before You Buy, Sell, or Ship
- Identify the product form. Oil, gummy, food, beverage, topical, flower, and vape products can follow different rules.
- Check the cannabinoid panel. Delta-9 THC, THCA, total THC, synthetic or converted cannabinoids, and per-container amounts can change the answer.
- Open the state source linked in the table. Do not rely only on a retailer’s legality claim.
- Check the date. Several states have enacted changes that take effect later in 2026 or 2027.
- Check licensing and age rules. A product can be permitted only through registered retailers or only for adults 21 and older.
- Check local and federal rules too. City, county, food, drug, shipping, and federal hemp rules can apply independently.
For product chemistry, use How to Read a CBD COA. For the federal transition, use the Federal Hemp Law Status Tracker and the Federal CBD Legal Status Guide. For dated federal and state changes, use the CBD Law Update Log. If the question involves airports, cruise lines, ports, or borders, use CBD on Cruises and Airlines.
State CBD Law FAQ
Is CBD legal in all 50 states?
There is no useful one-sentence answer. States regulate product forms, THC amounts, age limits, licensing, food uses, inhalable products, and synthetic cannabinoids differently.
Does a product with less than 0.3% delta-9 THC automatically comply everywhere?
No. Some states use total THC, per-container milligram limits, zero-THC rules, product registration, food restrictions, or other standards beyond the federal dry-weight threshold.
Can a retailer’s shipping page prove a product is lawful in my state?
No. A retailer’s statement is not a government rule. Use the linked state source and check the exact product facts.
Why do some state entries mention future dates?
Because enacted laws can take effect later. CBDCafe keeps current rules separate from future-effective changes so a later rule is not applied early.
What This Database Does Not Tell You
A state summary cannot classify a product without its facts. Product form, THC amount, cannabinoids, serving size, manufacturing method, age, seller licensing, local rules, and the date of the transaction can change the answer. A federal rule can also apply independently of state law.
For current federal dates, use the Federal Hemp Law Status Tracker.
Coverage: All 50 state rows have completed the source-and-scope QA pass using government records. The row-level “Last checked” dates show when each state record was verified. These summaries remain general educational information, not a determination that a particular product, transaction, shipment, or business practice is lawful.