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CBD Legal Status by State and Country (2026)

By Jeff Gallagher, founder of Made By Hemp. Helping people find real hemp since 2013. Last updated: July 2026.

Hemp-derived CBD products containing less than 0.3% delta-9 THC are federally legal in the United States, but 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. As of July 2026, efforts in Congress to delay or amend these rules have not advanced, and the November 12 deadline remains on track to take effect as written. For the full story, see our breakdown of the November 12 federal hemp changes.

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, Nebraska, 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.
  • North Carolina: Hemp-derived CBD is legal. House Bill 328 sets an age requirement of 21 or older for hemp product purchases effective July 15, 2026, and adopts the federal total THC standard on November 12, 2026.
  • Texas: Executive Order GA-56 (September 2025) and follow-on TABC and DSHS rules require age 21 or older for all consumable hemp purchases (effective January 21, 2026) and introduce retailer licensing. A separate rule restricting smokable hemp products is in active litigation. Online order compliance for non-inhalable CBD products 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.
  • Tennessee: Public Chapter 526 (House Bill 1376), effective January 1, 2026, makes it unlawful to ship hemp-derived cannabinoid products directly to Tennessee consumers (T.C.A. 57-7-113). All sales of covered products must happen face-to-face at licensed retail locations. The state’s definition covers any product containing delta-9 THC, including full-spectrum CBD products, so we cannot ship full-spectrum products to Tennessee. Cannabidiol itself (CBD, CBDa) is expressly excluded from the state’s definition. If you live in Tennessee, contact us before ordering so we can confirm what we can lawfully send you.

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:

  • 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 and Ireland. For shipping details, see our CBD Shipping Policy.

CountryCBD StatusTHC LimitPrescription RequiredCan We Ship?
United KingdomLegal0.2%NoYes
ThailandLegal (CBD under 0.2% THC; imports tightly controlled since April 2026)0.2%NoNo
IrelandLegal (zero THC only)0%NoYes
JapanLegal (strict THC residue limits since December 2024)Trace only (10 mg/kg for oils)NoNo
AustraliaLegal (medical)1%YesNo (import restrictions)
New ZealandLegal (medical)1%YesNo (import restrictions)
Hong KongIllegal (banned 2023)N/AN/ANo

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:

Questions about shipping to your area?

Made By Hemp has been helping people find real hemp since 2013. If you are unsure whether we can ship to your state or country, contact us at support@madebyhemp.com or call 844-887-HEMP.

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