CBD Legal Status: State by State and International
Last updated: April 2026
Hemp and CBD laws vary significantly by state and country. This page is regularly updated to reflect current regulations as of 2026. Made By Hemp is committed to full compliance with all applicable laws.
Federal Law (United States)
Hemp-derived CBD products containing less than 0.3% delta-9 THC have been federally legal since the 2018 Farm Bill. However, the federal definition of hemp is changing.
What is changing in November 2026: New rules taking effect November 12, 2026 will shift the THC standard from “delta-9 THC only” to “total THC,” which includes THCA, delta-8, delta-10, and other THC variants. A new per-container limit of 0.4 milligrams of total THC will apply to all finished hemp-derived products. Products containing synthetic or lab-manufactured cannabinoids will no longer qualify as hemp. Made By Hemp is actively preparing for these changes to ensure full compliance.
States Where We Ship Without Restrictions
Alabama, Alaska, Arizona, Arkansas, Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Hampshire, New Mexico, New York, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin
States with Additional Restrictions
The following states have enacted specific hemp or CBD regulations that may affect product availability:
- California: Hemp flower and inhalable products are restricted as of January 2026 under Assembly Bill 8. Non-inhalable CBD products (oils, edibles, topicals) are not affected and can be shipped.
- Kansas: Previously had zero THC tolerance. Updated laws align with the federal 0.3% THC standard. Verify current enforcement before ordering.
- Mississippi: CBD with less than 0.5% THC is available through the medical cannabis program. General hemp-derived CBD shipping is under review.
- New Jersey: Legislation is advancing to channel hemp THC beverages into the licensed cannabis framework after November 2026. Non-intoxicating CBD products are currently shippable.
- Ohio: Senate Bill 56 (December 2025) bans intoxicating hemp products. Non-intoxicating CBD products (oils, topicals, capsules) remain compliant.
- Tennessee: House Bill 1376 restricts direct-to-consumer hemp sales including online and delivery transactions. We are reviewing compliance for shipments to Tennessee.
- Texas: Senate Bill 3 (May 2025) requires age 21 or older for hemp product purchases and introduces retailer licensing. Online order compliance is under review.
States Where We Cannot Ship
- Colorado: SB23-271 restricts hemp-derived cannabinoid products to licensed marijuana dispensaries. Shipping hemp-derived CBD products to Colorado consumers outside the dispensary system is not permitted under current state law.
- Idaho: State law requires that CBD products contain absolutely zero THC and be derived only from specific parts of the hemp plant. Because full-spectrum and broad-spectrum CBD products contain trace amounts of THC, we cannot ship most CBD products to Idaho.
States Under Review
We are actively researching the current legal landscape in the following states. If you live in one of these states, please contact us before ordering:
- Nebraska: Laws have evolved from restrictive to allowing 0.3% THC. Verifying current shipping acceptance.
- North Carolina: Hemp-derived CBD is technically legal but enforcement is inconsistent across sources.
- South Carolina: Conflicting information on retail CBD legality. Hemp farming is legal under the state program.
- Wyoming: Some sources list CBD as illegal while others indicate hemp-derived CBD is permitted. Verifying before shipping.
International CBD Laws
The following is a reference guide for international CBD regulations. Made By Hemp currently ships internationally to the United Kingdom, Thailand, Ireland, and Japan. For shipping details, see our CBD Shipping Policy.
| Country | CBD Status | THC Limit | Prescription Required | Can We Ship? |
|---|---|---|---|---|
| United Kingdom | Legal | 0.2% | No | Yes |
| Thailand | Legal (tightening) | 0.2% | No | Yes |
| Ireland | Legal (zero THC only) | 0% | No | Yes |
| Japan | Legal (stalks/seeds only) | 0% | No | Yes |
| Australia | Legal (medical) | 1% | Yes | No (import restrictions) |
| New Zealand | Legal (medical) | 1% | Yes | No (import restrictions) |
| Hong Kong | Illegal (banned 2023) | N/A | N/A | No |
It is the customer’s responsibility to verify that hemp-derived CBD products are legal to import in their country. Made By Hemp is not responsible for customs seizures or legal issues in the destination country.
Stay Informed
Hemp and CBD regulations are evolving rapidly. We recommend these resources for staying up to date:
- U.S. Hemp Roundtable for federal and state policy updates
- USDA Hemp Program for production and licensing information
- FDA Cannabis and CBD page for regulatory guidance
For questions about shipping to your area, contact us at support@madebyhemp.com or call 844-887-HEMP.