The federal rule in one sentence
The 2018 Farm Bill removed hemp — cannabis containing no more than 0.3% delta-9 THC by dry weight — from the Controlled Substances Act. CBD extracted from compliant hemp is therefore legal federally. Cannabis-derived CBD above that THC threshold is still regulated as marijuana.
Where states differ
States can be stricter than the federal floor. The most common variations:
- Smokable hemp flower is restricted in several states even though the extract is legal.
- CBD in food and beverages is limited in some states because the FDA has not approved CBD as a food additive.
- Age minimums range from 18 to 21 depending on the state.
- Hemp-derived intoxicants such as delta-8 have been banned or restricted in a growing number of states.
Standard oils, capsules, gummies, and topicals are the least restricted categories nationwide.
Three things to verify before you buy
- A batch-specific Certificate of Analysis from an accredited third-party lab, showing cannabinoid content and contaminant screening. Check the current Certificate of Analysis for the batch you receive.
- THC below 0.3% — or listed as non-detected on a THC-free broad-spectrum product.
- Clear labeling with milligrams per serving, not just the bottle total.
Traveling with CBD
TSA allows hemp-derived CBD under the federal THC limit in both carry-on and checked bags. Keep products in original labeled packaging and carry the COA. International rules vary widely — several countries treat all CBD as a controlled substance, so check the destination before you pack.
Want compliant, lab-tested products? Start with our CBD shop, or read the CBD dosage guide first.
This page is general information, not legal advice. Laws change; confirm your state's current statutes or consult an attorney for your situation.
Frequently asked questions
Is CBD legal in all 50 states?
Hemp-derived CBD containing less than 0.3% delta-9 THC by dry weight is legal at the federal level under the 2018 Farm Bill. Individual states can still restrict certain product types, so check your state's current rules.
Do you need a prescription for CBD?
No. Hemp-derived CBD wellness products are sold over the counter. Only Epidiolex, an FDA-approved CBD drug for specific seizure disorders, requires a prescription.
Can you travel with CBD?
TSA permits hemp-derived CBD products containing under 0.3% THC in carry-on and checked bags. International travel is different — many countries prohibit CBD entirely.
How old do you have to be to buy CBD?
Most retailers and states require buyers to be at least 18, and some require 21. Retailers verify age at checkout.
Is CBD legal to ship by mail?
Hemp-derived CBD that meets the federal THC limit can be shipped within the United States, including by USPS, when the seller keeps compliant lab documentation.