Less than 10 years ago, buying, selling, manufacturing, or even possessing any form of CBD product was outright banned, as any type of hemp plant was illegal alongside cannabis plants.
This was because hemp CBD is a cannabinoid inside the cannabis plant, which was made illegal due to the Controlled Substances Act of 1971 since it shares the same composition inside the hemp plant as delta 9 THC.
This enacted federal laws against hemp-derived CBD products because of their association with illegal THC content.
However, unlike THC, CBD is not an actively psychoactive substance with intoxicating effects. THC content within a medical marijuana program does have beneficial side effects outside recreational use, but it is still illegal under current federal law.
The history of CBD legal status in the United States
CBD laws have always been subject to the same legality as the hemp production from cannabis plants. The reason why hemp-derived products were banned alongside cannabis besides the drug THC was due to the hemp plant being at odds in competition with the lumber industry.
Many products that come from lumber can also be made from the fibers found inside hemp plants. This fact, combined with the hardcore inebriating effects of marijuana’s THC content, made it simple to outlaw hemp-derived CBD products from the market altogether.
What changed the country’s CBD legal policy?
The specific bill that made all CBD-derived products legal within the United States, despite recreational and medical marijuana still being illegal on a federal level, was not passed for the specific reason of making the sale of CBD lawful.
The 2018 Farm Bill was signed into law by then-president Donald Trump in order to address multiple issues related to the overall agriculture industry.
Along with making CBD-derived products federally legal, the bill provided several solutions for research funding in relation to natural plant biostimulants, forestry services, and energy production through the use of biofuels.
Why did US federal law suddenly create a legitimate CBD industry?
Unlike certain laws like a number of states’ medical marijuana programs, the 2018 farm bill did not set out to legalize CBD as its sole purpose.
Making the sale of CBD federally legal was not mentioned whatsoever in the bill’s bylaw texts.
Instead, It outlines a set process for the USDA to establish guidelines for the commercial production of industrial hemp. This implies that the production of hemp was in its use for its fabric fibers. Its use for derived CBD products was never specifically written into the farm bill but because of its creation of industrial hemp, it got lumped in since CBD is primarily found within hemp.
In reality, hemp-derived CBD products are a beneficial byproduct of the new 2018 farm bill. The legalization of industrial hemp has allowed all of the cannabinoids that are not delta-9 THC to be sold without any issues. CBD derived from hemp is just an additional section within the law but it is not defined within the law itself.
What are the specific state-by-state CBD legal purchasing and/or selling conditions?
Since the bill had different intentions than the creation of a specific CBD market, it lacks the processes necessary for a set regulated industry. This means there are no definite age limits or restrictions set at the federal level. Much like medicinal and recreational marijuana laws have a weird contradiction with their federal restrictions, all legality for those specific products is set at the state level.
A state’s medical marijuana program can have different laws from one jurisdiction to the next. That is why the age limit for CBD consumption can vary state by state, with some even having a lack of formal rules just like on the federal level.
The industrial hemp crop has many commercial applications besides the creation of CBD products. Because of the many CBD forms, such as CBD topicals and CBD oils, all chronic CBD use is fair game.
The following state hemp CBD laws outlined below are applied to both hemp-derived CBD products and hemp fiber products for items such as clothing.
List of US states that have no age restrictions on CBD commerce:
Arkansas
Arkansas has no age restriction on the purchasing of CBD products. There is no legal age to buy CBD, although the sale requires a special licensing document administered and regulated by the state government.
If the CBD product, such as pure CBD or CBD oil, is sourced from industrial hemp then it can be consumed by the local population at will with no age limit.
Arizona
Hemp-derived CBD is legal without age restrictions within the Arizona state jurisdiction. There are no set laws for CBD age restrictions with regard to the sale and purchasing of CBD, so anyone can pick it up at any age.
Iowa
There are no definitive age limits inside Iowa when it comes to both buying CBD and selling CBD.
The only regulations within the laws are that the CBD products follow the federally set mandate of less than 0.3% delta 9 THC and that they are CBD extracts from industrial hemp.
Maryland
This state adheres fully to the definitions established by the federal farm bill, therefore there are no product restrictions or age restrictions on CBD products such as CBD oil.
Missouri
Missouri adheres fully to the definitions established by the federal farm bill, therefore there are no product restrictions or age restrictions on CBD products such as CBD oil.
Nebraska
This state adheres fully to the definitions established by the federal farm bill, therefore there are no product restrictions or age restrictions on CBD products such as CBD oil.
Some places at the local level may have an age restriction of 21 or 18, but these are rare cases up to the vendors themselves.
New Jersey
This state adheres fully to the definitions established by the federal farm bill, therefore there are no product restrictions or age restrictions on CBD products such as CBD oil.
Some places at the local level may have an age restriction of 21 or 18, but these are rare cases up to the vendors themselves.
List of US states that have age-restricted rules for CBD industry commerce:
Colorado
Since this jurisdiction was the first pioneering state to legalize the use of recreational delta 9 THC along with the state’s medical marijuana program being one of the first before that, legal CBD is no different. CBD isolate, CBD oil, and other products are all legally allowed to be purchased by anyone over the age of 18.
The only restrictive law that differs from the federal laws regarding CBD definitions is that the state requires the minimum concentrated amount of delta 9 THC within CBD products to be less than .03% of all THC cannabinoids, including delta 8 THC and THCA.
Connecticut
The state’s CBD regulations are fully administered by their respective Department of Consumer Protections and Agriculture. They set all of the rules regarding buying CBD and purchasing CBD.
Individuals must be 18 or older to meet the legal age necessary within this state’s jurisdiction. This CBD age limit is applicable to obtain licensing for both the purchase of CBD and buying CBD, which must be attained first beforehand.
That means any CBD product must be sold or bought with special licensing issued by the state.
Delaware
Both marijuana-derived CBD and hemp-derived CBD are allowed for the sale of CBD products when it comes to medicinal purposes.
Recreational CBD is also allowed, however, it must only be extracted from industrial hemp and not come from marijuana-derived CBD.
The CBD age limit is 18 years or older and its regulatory guidelines fall in line with the state’s medical marijuana program, falling directly under that specific law. This is what allows marijuana-derived CBD products to be sold if used for medicinal purposes.
Florida
The age to buy CBD in this state is a minimum of 18 years old.
Growing hemp and CBD is allowed without a state government-issued license, but selling CBD products on the marketplace requires obtaining the proper licensing.
The legal age for the application for the license remains the same as the legal age to buy CBD within the state (18).
Illinois
People over the age of 21 can purchase CBD for any medicinal or recreational purposes.
Anyone of the state’s legally set age limit can produce or sell hemp and its subsequent products without specialized licensing as allowed under the current legislation.
Louisiana
Following the precedent set by the federal legislation of the farm bill, there are no restrictions to buying CBD and even selling it.
The only regulation is that consumers must be 18 years or older but that is the only caveat.
Even CBD extracted from cannabis plants is allowed.
Maine
Similar to the aforementioned laws of Louisiana, there are no restrictions on the CBD products being sold or purchased.
The only restriction set by the state’s government is that the customer is the same age as the minimum to legally buy alcoholic products which is 21 years or older.
Massachusetts
There are no CBD product restrictions, only a minimum age of 18 years old for both buying and selling of said products, such as CBD oil.
Michigan
Per the state’s legislature, all CBD products are fully legalized in their purchasing and selling. The only regulation is a minimum age of 18 years or older.
Minnesota
Consumers must be 18 years of age or older to purchase CBD in this state.
The state has defined its own CBD laws with legislation passed in 2020, with the industry being regulated by their Department Board of Pharmacy and that only industrial hemp be used for the CBD extracts.
Mississippi
Customers must be 18 years of age or older to purchase CBD here.
Exceptions can be made for medical reasons if a minor must obtain it with parental permission.
Nevada
Customers must be 18 years of age or older to purchase CBD here, with no exceptions or caveats.
New Hampshire
Customers must be 18 years of age or older to purchase CBD here, with no exceptions.
New Mexico
Customers must be 18 years of age or older to purchase CBD, and need a special state issued license.
New York
Customers must be 18 years of age or older to purchase CBD, but certain products such as vapes have an age restriction of 21 years or higher.
North Carolina
Customers must be 18 years of age or older to purchase CBD here, with no exceptions.
North Dakota
Customers must be 18 years of age or older to purchase CBD here, with no exceptions.
List of US states with special circumstances regarding their CBD legal statutes:
Alabama
Although no formal age restrictions exist, an individual must be legally registered on a heavily monitored and regulated database for medicinal CBD use, mainly in the treatment of seizures.
CBD hemp is formally illegal within the state of Alabama, with the exception of the aforementioned medicinal use. Therefore, even though it has no age restrictions per se, the sale and purchasing of CBD products are not allowed within this jurisdiction.
Alaska
You must be 21 years old to buy CBD as it is the state’s age restriction limit. The state specifically outlines the CBD age limit requirements but it also places a process of requirement for the sale of CBD and its importation across borders.
This method of commerce can be quite difficult since it is not a formal licensing or database-registered program. This is why full-spectrum CBD products are not booming with storefronts over there, and it remains in this limbo until it moves one way or another.
California
It is technically legal to purchase CBD products at the age of 18 from most cannabis stores inside of California, however, this is a loophole from the states’ legalization of delta 9 THC for medicinal and recreational use.
The reason for this gray area is that California has its own set of legal precedents for substances outside of FDA regulations and the specific CBD cannabinoid has yet to be defined in this codex specifically with multiple proposition bills being pushed through pending legislation at the time of the publishing of this article.
Despite this fact, many stores will sell CBD to individuals from the age of 18 and up, adhering to the federal legalization of hemp-derived CBD and the lack of CBD age limit requirements, only placing the 18-year-old age setting as a form of liability risk management since it is the age that one becomes a legal adult inside the United States.
Georgia
CBD is legally allowed for people above the age of 18 within this jurisdiction, but it must fall under medicinal use only. Recreational use of both marijuana and CBD is strictly forbidden, as per the state’s legislation.
Because of these parameters, there are not many CBD shops and potential customers may have a hard time acquiring CBD products within the state of Georgia.
Hawaii
The minimum age of 18 is the set CBD age restriction but there are some exceptions that could make the age 21 depending on the place an individual purchasing CBD products may go to.
State laws are not definitive other than the 18-year and older limit, so the real minimum age restrictions are placed at a local level, usually within that establishment.
For example, buying CBD edibles inside of a venue or resort store which also sells liquor may require customers to be 21 years or older despite the state minimum age of 18.
Idaho
State laws within these borders for CBD products are completely legal under the current legislation.
Marijuana-derived CBD is not allowed due to the fact that any trace amounts of THC within CBD-based products are illegal in any amount, even if it falls under the federally allowed minimum.
Therefore, hemp oil is illegal but pure CBD isolate is allowed, due to its lack of any amount of the delta 9 THC cannabinoid.
The purchasing age is set at the local county level with some being 18 and others being 21.
Indiana
There are strict laws against the procurement and selling of marijuana and this, unfortunately, translates toward hemp-derived CBD. The state also has no medicinal hemp or marijuana process and this makes obtaining CBD products for sale a challenge despite the laws set by the farm bill.
An example would be obtaining hemp oil, which under the laws conflicts with the strictness set against delta 9 THC products.
The legal age to buy CBD is technically set at 18, but this can be modified at the local county level to 21 years old if there is even a store that will sell such products given the liability that comes with the complex nature of the laws there.
Kansas
Similar to the Idaho state laws, Kansas only permits the sale of CBD if it contains absolutely no trace amounts of delta 9 THC. Only pure CBD in isolate form is allowed, meaning the concentrated amount of THC is 0%, not even the federal minimum of 0.3% is permitted.
The CBD must only be used for medicinal purposes and not recreational, therefore a healthcare professional must sign off on its use.
Normally the medicinal use of CBD is given to those of legal adult age which is 18 years or above.
Kentucky
CBD sales are only allowed for medicinal purposes and healthcare practitioners must sign off on its use beforehand.
Consumption and production of said products are only allowed if the CBD extracts are from industrial hemp, marijuana-derived CBD is forbidden altogether.
Montana
There are no set guidelines established within state law. Therefore consumers and sellers adhere to the federal farm bill.
However, many venues selling CBD will require customers to be 18 years or older to buy products.
