Additionally, enforcement actions have happened even in “green” states, generally due to misunderstandings by law enforcement. Anytime hemp is shipped interstate there is a risk of seizure, no matter the states of origin and destination.

*Individual state law reviews available upon request. The below is for informational purposes only and is not legal advice. If you believe any of these classifications are incorrect, please email citing code or statutory sections.

The 2018 Farm Bill did not, by itself, change state hemp or hemp-derived cannabidiol (CBD) legality. Although the Senate version would have legalized hemp nationwide, the final Farm Bill left the responsibility to legalize hemp to the states.

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The legality of CBD under state law is often overlooked and much more important than federal legality in terms of potential legal consequences for both businesses and consumers. Contrary to popular opinion, CBD is not legal in all 50 states, even if it is sourced from hemp. This is because all states have their own Controlled Substances Acts (CSA) which generally mirror the federal CSA and the Farm Bill allowed the states to regulate as they wish. Until an unrestricted hemp definition is exempted from a state’s CSA, hemp is still considered marijuana in that state. Furthermore, some states have classified certain hemp products as unlawful.