What States Allow CBD?

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In This Article

2018 Federal Farm Bill

Hemp-derived CBD with a THC content of less than 0.3% is legal under Federal Law since the 2018 Farm Bill’s passing.

The 2018 Farm Bill allows for licensed farmers to grow the low or negative THC content hemp for the production of CBD oil and other products, such as textiles and seeds.

Under the Act, hemp is defined as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

Federal Vs. State Law

It’s important to understand that each state has the right to set legislation around CBD oils. While most states do allow hemp-derived CBD, three have very restrictive laws surrounding the legality of CBD oil. 

  1. Nebraska
  2. Idaho
  3. South Dakota

States Where CBD Oil is Heavily Restricted


According to Idaho state law, only CBD that is guaranteed to contain 0% THC is legal. To fit the criteria, it can only be derived from five parts of the plant.

  1.  Mature stalks
  2.  Fiber produced from stalks
  3.  Any other compounds derived from mature stalks.
  4.  Hemp seed oil
  5.  The sterilized seeds of the hemp plant (unable to germinate)

While Idaho state law recognizes that the “2018 Farm Bill removes certain hemp-derived products with a THC concentration of no more than 0.3%,” legislation maintains this does not generally legalize CBD. 

Bills are being debated on an ongoing basis; the February 2020 Hemp Bill, to legalize growing and cultivation in Idaho, was only narrowly missed by one vote.



Nebraska legislators were reluctant to legalize CBD, fearing that it was too difficult to tell it apart from marijuana (which is illegal in the state). In 2019, Sen. Justin Wayne worked hard to pass a bill to legalize hemp cultivation on a licensed basis within the state.

Nebraska law states that you may possess hemp-derived CBD as long as it was cultivated and sold under state regulations. This means that as a consumer, you should only buy CBD from the regulated sellers. 

Nebraska has issued 10 licenses to grow and cultivate hemp as of 2019. The first harvest was in 2020, and these licensees are covered by the law to supply Hemp-derived CBD Oil with less than 0.3 THC. 


South Dakota

After a long standoff, Governor Noem, who was vocal about her opposition to hemp, has agreed to state-sponsored industrial hemp growing pilot in mid-2020.

The governor’s push back was due to the concern about police officers’ ability to distinguish between hemp and marijuana. In an Op-Ed Wall Street Journal column in September 2019, Noem wrote that she planned to veto the bill in the 2020 session despite legislators eager to pass the bill.

CBD oil is available in the state under strict guidelines. It is still illegal to smoke or vape CBD products in South Dakota. If traveling across state lines to South Dakota, you are legally obliged to agree to a stop and search by local police if suspected of carrying CBD products.

Which States Can I travel to with CBD Oil?

As of 2020, the TSA does not routinely check for cannabis or CBD products.

The downside is that you may fall foul of state laws. If required, the TSA can carry out on the spot tests for THC. The test cannot distinguish between high or low values of THC, only that it’s present in the product. 

This has led to unsuspecting travelers finding themselves arrested on felony drug possession charges in Texas in 2019 while the bill to legalize CBD was passed, but not clear to local law enforcement.

CBD was found to be very effective at controlling high-risk epilepsy in children. The need to legalize CBD was tied into the need to develop medicines for ill children. This brought it to the attention of the FDA. 

Congress passed the bill to primarily ensure that hemp-derived CBD oil is available for medical research. It was also noted that CBD oil with less than 0.3% THC is not a high-risk product and has little risk of side effects when used responsibly. 

It’s worth noting that many states have minor restrictions, such as age or food additive regulations. These restrictions are usually in-line with the FDA regulations on CBD oil. 

Purchasing from an online retailer with independent third party testing is an easy way to ensure that you get a high-quality product, delivered straight to your door. All our CBD products are organically farmed, and independently triple batch tested. Every package comes with a unique QR-Code to tell you everything you need to know about your CBD product.

Please note, while we wish to keep consumers informed, this article is not a legal guide, and only valid at the time of writing. Please refer to the most recent state laws if you would like to keep up to date on CBD regulations.


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