CBD Gummies Legalisation in USA

Although CBD gummies are legal in most states, there a few areas where the legality is more nuanced. The Farm Bill of 2018 legalized the growth of industrial hemp as long as THC concentration does not exceed 0.3%. However, this bill did not make CBD use explicitely legal.

You can easily find CBD gummies made from hemp in stores and online all over the USA, as long as the THC levels are below 0.3%. If you purchase marijuana-derived gummies with a higher THC level from a recreational dispensary in a state where cannabis is legal, it would be illegal to transport them to a state where cannabis is still not legal.

  • You can easily find and purchase hemp-derived CBD gummies in every state across America.
  • CBD gummies with THC levels above 0.3% are available in states where medicinal or adult-use cannabis is legal.

You cannot take CBD gummies that you bought from a dispensary in a state where cannabis is legal to another state where it isn’t. (For example, from Colorado to Kansas.)

What States Are CBD Gummies Legal in?

Just to reiterate, CBD gummies are legal in all 50 states as long as they come from hemp. However, some laws still exist in various states that make CBD a little bit more complicated than it needs to be. Let’s examine some of these minute details regarding the legality of CBD gummies.

Are CBD Gummies Legal in Texas?

Yes, in 2019 Governor Greg Abbott created a law that explained how to use and carry legal CBD products. For example, you are able to buy any product containing hemp as long as it has less than 0.3% THC. This means that you can purchase cannabidiol items like gummies without issue in the state of Texas

Are CBD Gummies Legal in Pennsylvania?

Yes. Currently, Pennsylvania is in compliance with the 2018 Farm Bill regulations concerning CBD-infused products. This means that food items, capsules, vaping devices, and gummies containing CBD are legal to purchase.

Are CBD Gummies Legal in Florida?

Effective July 2019, Florida lawmakers passed SB 1020, which legalized hemp as long as it contains a maximum of 0.3% THC. The new law also permits hemp extracts and defines that hemp-derived cannabinoids are not controlled substances under state law.

You can easily purchase CBD gummies in Florida; the state is also one of few that have gone out of their way to regulate the hemp CBD market.

Are CBD Gummies Legal in Arizona?

Presently, in Arizona, the new federal guidelines are still being followed. Therefore, it is legal to buy CBD products such as gummies. You can either purchase these online or directly from stores that sell health supplements.


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Are CBD Gummies Legal in Ohio?

Martin-Franklin’s CBD Gummies are legal in Ohio. In July 2019, Governor Mike DeWine signed Senate Bill 57 which legalized the possession, sale, and purchase of hemp and hemp-derived products as long as they contain less than 0.3% THC.

Are CBD Gummies Legal in South Carolina?

Interestingly, the state’s agriculture department has banned CBD gummies as an added ingredient in human and animal food products. However, it is easy to find them for sale in South Carolina. It seems that enforcement of this rule is rare.

Are CBD Gummies Legal in New York (NY)?

A letter from the state’s Department of Agriculture and Markets in July 2019 stated that CBD is illegal to add to food or drink in New York State. Does this mean that CBD gummies are not available in NY? Not at all. Like other states, hemp-derived CBD gummies are easy to find throughout New York, both online and in stores.

Are CBD Gummies Legal in Virginia?

Contrary to popular belief, Virginia hemp processors are allowed to distribute hemp-derived CBD products. If they adhere to specific criteria, they can also produce CBD as an approved food ingredient or dietary supplement. However, processors are not permitted to label or market foods as a treatment for a medical condition. Therefore, you can find CBD gummies in Virginia – but you may have more luck shopping online.

Conclusion on CBD Gummies Legality

The legality of CBD gummies depends on the type of gummy and its THC content. Hemp-derived gummies with a THC level below 0.3% are legal in all 50 states.

If you want to transport marijuana-derived gummies from a legal state to an illegal one, that’s against the law.

Are CBD Gummies Legal? FAQ

 Are CBD Gummies Legal for Travelers?

The TSA now allows passengers to bring CBD on board a plane, as long as it is derived from hemp with a maximum THC of 0.3%. However, it is probably not a good idea to try and transport CBD gummies internationally.

 Where Are CBD Gummies Legal?

CBD gummies are legal to purchase and consume in all 50 states, as long as they’re made from hemp that complies with the Farm Bill.

 Are CBD Gummies Legal in all 50 States?

This answer depends. If the products are made from hemp, then they are legal. However, if the products are made from marijuana and have THC levels above 0.3%, then they become illegal (unless of course you have a medical cannabis card and/or are buying them in a state where cannabis is legal recreationally).

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