DestinationsIs Marijuana (Cannabis) and CBD (Cannabidiol) Legal in the United States

This article discusses the current legality of Marijuana (Cannabis) and CBD (Cannabidiol) at the federal and state levels of government in the United States.

This is a difficult and completed question to answer because Marijuana and CBD are treated separately by the federal government and each individual state.

Federal and state laws regarding this topic are evolving and changing. We will try to keep this page up to date, but always be sure to check with the proper federal and state authorities for the most up-to-date information on this topic.

Federal Level

At the federal level Marijuana is not legal, but CBD is legal as long as it does not contain more than 0.3% THC (Tetrahydrocannabinol), which is the chemical in marijuana most responsible for getting you high. This is the reason why marijuana retailers will not accept credit cards as banks and credit card companies do not want to violate federal law by supporting what amounts to the purchase of illegal substances in the eyes of the federal government.

State Level

Each state has their own laws governing the sale and use of both Marijuana and CBD.

Some states have fully legalized marijuana and CBD so anyone can purchase products made with them. In these states CBD can usually be sold anywhere, but marijuana is typically only sold through state licensed retailers.

Some states have legalized marijuana only for medical use, but fully legalized CBD for anyone to purchase and use. In these states a person is required to obtain a medical marijuana ID card from a certified doctor in order to purchase or use marijuana products, but this is largely a formality as anyone who asks for a card is given one. These states claim that they needed to take this intermittent step on the way to full legalization.

Some states may have some type of legalized marijuana, but have not legalized CBD so you have to be careful if transporting CBD products that you may have purchased at a gas station or grocery store in one state into another state.

Some states have not legalized marijuana, but followed the federal government and legalized CBD as long as it does not contain more than 0.3% THC.

Some states have not legalized marijuana or CBD.

Frequently Asked Questions

Question: How can I tell if the CBD I purchased meets the federal limits for THC?

Answer: In general, CBD derived from the hemp plant meets the federal limits for THC contents while CBD derived from marijuana does not so check the label of the CBD product to see if says less than 0.3% THC or hemp derived.

Question: How can I find out what the different state’s laws are pertaining to marijuana and CBD?

Answer: The short answer is to Google it. If you are in doubt don’t take any marijuana or CBD products from one state into another. Forbes Health has a good up-to-date article titled: “Your Guide to Cannabis Legalization by State“.