Are CBD Gummies Illegal?

September 15, 2025

We get asked all the time, are CBD gummies illegal? Definitely not! You can buy CBD gummies online here at Medterra thanks to the 2018 Farm Bill. This legislation legalized hemp-derived cannabis products across all 50 states, and our products are all Farm Bill compliant.

But, there’s a bit more to it. Maybe you want to know if CBD gummies are legal to travel with. Or, you want to know the differences between CBD gummies derived from hemp vs marijuana. We’ve put together this guide to cover everything you need to know about CBD gummy legality.

Just know that your search for totally legal, totally lab-tested CBD products ends here at Medterra. From our CBD gummies for sleep to our mood gummies, you can find lab-tested, compliant products that help you tap into the power of cannabis today!

Understanding the 2018 Farm Bill

Whether you call it the 2018 Farm Bill or the Agriculture Improvement Act of 2018, this piece of legislation changes how the US treats hemp and any substances made from hemp. This is a good time to differentiate between hemp, cannabis, and marijuana:

Cannabis: An overarching term to describe both hemp and marijuana
Hemp: Grown to exacting standards to keep THC levels within legal limits (less than 0.3% by dry weight).
Marijuana: A type of cannabis bred to contain higher levels of THC, which is where the psychoactive effects come from.

Now, back to the Farm Bill - it defines “hemp” as Cannabis sativa L. (and its derivatives) provided it contains no more than 0.3% delta-9-THC on a dry weight basis. That’s why derivatives like CBD from hemp (that stay under 0.3% delta-9-THC) are not Schedule 1 controlled substances anymore.

There are quite a few stipulations in place, which is where a lot of the complexity of legal CBD gummies comes from. The hemp has to be grown by a licensed grower, compliant with regulations, and tested to confirm THC levels. The USDA monitors how hemp is cultivated, and state programs must align with or get approved by the USDA.

The tricky part of finding legal CBD gummies is there are different rules based on the state you live in. Some states have adopted rules that mirror the federal standard, while others impose stricter limits. There are plenty of states that have gone further with a thriving medical/recreational marijuana market.

So, Are CBD Gummies Illegal Across All 50 States?

Short answer: No. Under federal law, hemp-derived CBD products are lawful if they contain ≤0.3% delta-9 THC by dry weight and are produced within an approved hemp program.

But states add their own rules, from age gates and labeling to potency caps and “zero-THC only” requirements in a few places, so legality depends on where you live and what’s in the gummy.

The easiest way to tell if you can legally buy CBD gummies online is by checking the chart below. Always check the latest in your state, though - several have been updating hemp and “intoxicating hemp” laws in 2024-2025.

State	Status*	Notable State Rules
Alabama	Allowed	Retail hemp products widely sold; follow testing/labeling rules.
Alaska	Allowed	Hemp foods permitted; check state labeling rules.
Arizona	Allowed	Hemp CBD retail is common; standard compliance.
Arkansas	Allowed	Hemp CBD gummies sold in retail; labeling/testing apply.
California	Allowed	AB 45 authorizes hemp in foods; follow CA Cannabinoid Hemp regs.
Colorado	Allowed	Hemp foods permitted; strong testing/label norms.
Connecticut	Restricted	Potency/“intoxicating hemp” limits; check DCP hemp guidance.
Delaware	Allowed	Hemp CBD retail permitted; check labeling rules.
Florida	Allowed	State hemp foods program; robust packaging/testing rules.
Georgia	Allowed	Hemp products sold at retail; licensing/labeling apply.
Hawaii	Allowed	State hemp rules for foods; check local labeling/testing.
Idaho	Restricted	Historically strict: CBD products must have 0% THC (no detectable THC).
Illinois	Allowed	Hemp foods permitted; standard compliance.
Indiana	Allowed	Retail hemp CBD permitted; verify any THC/mg limits under current guidance.
Iowa	Restricted	Food/supplement uses closely regulated; check state consumer hemp rules.
Kansas	Restricted	“Zero-THC” rule historically enforced for retail CBD; confirm current guidance.
Kentucky	Allowed	Hemp foods permitted with compliance; watch labeling/testing.
Louisiana	Restricted	Potency/mg caps and product registration for hemp edibles.
Maine	Allowed	Hemp foods allowed; standard compliance.
Maryland	Allowed	Retail hemp CBD gummies common; labeling/testing required.
Massachusetts	Restricted	Specific rules for hemp in foods; confirm current state guidance.
Michigan	Restricted	“Intoxicating hemp” restricted; some products routed through cannabis system.
Minnesota	Restricted	Hemp edibles long had mg caps per serving/package; adult-use also legal.
Mississippi	Allowed	Hemp CBD retail present; verify food rules and labeling.
Missouri	Allowed	Retail hemp foods; standard compliance.
Montana	Allowed	Hemp CBD gummies permitted with compliance.
Nebraska	Allowed	State hemp program in place; check any edible-specific rules.
Nevada	Restricted	States like NV cap total THC in hemp items; confirm current mg/serving limits.
New Hampshire	Restricted	THC caps (not just delta-9) in hemp products reported; confirm current rules.
New Jersey	Allowed	Retail hemp CBD is common; standard compliance.
New Mexico	Allowed	Hemp foods permitted with testing/labeling.
New York	Restricted	“Cannabinoid Hemp Program” imposes packaging, testing & serving limits.
North Carolina	Allowed	Hemp CBD retail widespread; regulators reviewing “intoxicating hemp.”
North Dakota	Restricted	Prohibits certain chemical conversions; confirm THC/total cannabinoid caps.
Ohio	Allowed	Hemp foods permitted; standard compliance.
Oklahoma	Allowed	Retail hemp CBD gummies sold; testing/labeling apply.
Oregon	Restricted	Rules on “adult-use cannabinoid products” and potency; check OHA/OLCC.
Pennsylvania	Allowed	Retail hemp foods permitted; standard compliance.
Rhode Island	Allowed	Hemp foods allowed; verify any serving/label rules.
South Carolina	Allowed	Hemp CBD retail present; standard compliance.
South Dakota	Allowed	Retail hemp CBD present; check current edible guidance.
Tennessee	Allowed	Age-gate and labeling rules evolving; verify THC mg caps.
Texas	Restricted	Active policy shifts; age-21 gating for THC products moving forward by executive action; delta-8 under scrutiny.
Utah	Restricted	Caps on total THC in hemp products; registration/labeling rules.
Vermont	Allowed	Hemp foods permitted; confirm serving/label rules.
Virginia	Restricted	Strict THC mg/serving limits and warning labels for hemp edibles.
Washington	Restricted	Hemp-derived cannabinoids in foods are tightly regulated; check WSDA/LCB.
West Virginia	Allowed	Retail hemp CBD present; standard compliance.
Wisconsin	Allowed	Retail hemp CBD gummies sold; testing/labeling apply.
Wyoming	Allowed	Retail hemp CBD permitted; standard compliance.

Spoil Yourself With Legal CBD Gummies Online at Medterra

CBD legality can be complicated and confusing. We’re taking all the stress and uncertainty out of it. All you need to take away from this guide is that you can buy legal CBD gummies here at Medterra.

So, how are CBD gummies legal to buy online? Everything we make starts with US Hemp Authority Certified raw material. We then lab-test our products at every stage to ensure we’re keeping THC limits within their legal requirements.

But what really separates us from other brands, such as Green Roads vs Purekana, cbdMD vs CBDistillery, and Haleigh’s Hope vs Charlotte’s Web, is our gummies are built with such specific purposes in mind.

From our CBD sleep products to our CBD focus lineup, our relief CBD products, and more, we bring in complementary cannabinoids (while still keeping within the 2018 Farm Bill limits, of course), and additional ingredients tailored to different goals.

Shopping directly with us online also means you’re protected by clear transparency and customer-first policies. We link batch test results right on our site, offer subscriptions to help you save, and back our products with responsive support that puts your experience first.

Whether you want to enjoy peace of mind with CBD isolate products or try CBD with THC, there’s something for you here in our collection. Shop today!

Frequently asked questions

In what states is CBD legal?

Hemp-derived CBD with ≤0.3% delta-9 THC is federally legal, so ALL states. Some states do impose stricter rules, like Idaho and Kansas - which require 0% THC. But you can buy CBD no matter where you live.

Can you legally travel with CBD gummies?

Yes, you can travel domestically in the US with hemp-derived CBD gummies that meet the federal 0.3% THC limit, though state laws at your destination still apply. The laws are different if you’re taking CBD gummies with higher amounts of THC.

Will I fail a drug test for CBD?

Pure CBD isolate should not trigger a positive result, but full-spectrum or THC-inclusive gummies can, since drug tests typically look for THC metabolites.

Does TSA stop you for gummies?

TSA allows hemp-derived CBD products under 0.3% delta-9 THC, so they don’t typically stop travelers for compliant CBD gummies. Their main goal is public safety. Translation: they’re looking for weapons, not gummies!