First, let’s address the legality of CBD on the Federal Level.
Yes, purchasing CBD is federally legal as long as it doesn’t contain more than 0.3 percent THC (Enchantment Hemp Farms products are federally qualified). Above all, this is the biggest factor in current CBD legislation.
However, some states do place restrictions on some CBD products or transactions. For a list of restrictions state-by-state, click here or scroll down.
For instance, in New Jersey, New Mexico, and North Dakota CBD Products are legal without restriction.
To be clear, CBD derived from the hemp plant causes no significant impairment, cannot show up on most drug tests, and remains legal for all consumers in the state of New Mexico. As such, much of New Mexico’s legalization comes from the state’s recognition of the Federal Farm Bill of 2014 (and subsequent legislation of the FFBA 2018), which legalized the entirety of the industrial hemp industry in New Mexico.
Hemp-Derived CBD in New Mexico
While CBD remains legal for all citizens in New Mexico, CBD and hemp products produced outside of the state are still illegal (read more). Accordingly, Enchantment Hemp Farms produces it’s own hemp, processes the harvest, and bottles it’s products right here in New Mexico.
However, for the average CBD user, New Mexico allows both the traditional purchase and the online purchase of CBD products. However, they must be derived from the industrial hemp plant and remain below the legal THC limit set by the 2014 Farm Bill.
In March 2019, New Mexico lawmakers passed HB 581. Subsequently legalizing hemp and introducing the process of establishing regulations for its production, testing, transportation, and processing.
As a result of HB 581, individual permits are required for growing, extracting, and manufacturing hemp products, meaning a vertically integrated operation would need to obtain three separate permits, each of which cost $1,000 per year. Additionally, a harvest certificate, obtained after testing by a state-licensed facility, and manifest are required to follow all products through the supply chain.
CBD Legal Status, State-by-State
|State||Is CBD legal?||Restrictions|
|Alaska||Yes||No CBD-infused food/beverage allowed|
|Colorado||Yes||No baked goods|
|Connecticut||Yes||Food/bev must be registered|
|Delaware||Yes||Hemp grower must be affiliated with Delaware State University|
|Florida||Yes||Labeling is regulated|
|Idaho||No||Illegal in every form|
|Indiana||Yes||Labeling is regulated|
|Iowa||No||Illegal in every form|
|Kentucky||Yes||CBD tea not allowed|
|Louisiana||Yes||Many product restrictions|
|Maine||Yes||OK only if CBD extracted from licensed Maine hemp grower|
|Massachusetts||Yes||CBD food/bev requires purity testing|
|Mississippi||Yes||Must be at least 20:1 CBD:THC ratio|
|Missouri||Yes||Age 18+ only. Sales require state registration.|
|Nevada||Yes||No food/bev; CBD sales allowed in cannabis stores only|
|New Hampshire||Yes||Regulations coming|
|New York||Yes||No food/bev; purity testing required|
|North Carolina||Yes||No food/beverage|
|Oregon||Yes||Label regulations coming|
|Pennsylvania||Yes||No food/bev; label regulations coming|
|Rhode Island||Yes||Label guidelines coming|
|South Carolina||Yes||No food/beverage|
|South Dakota||No||Not legal in any form|
|Texas||Yes||Label guidelines coming|
|Utah||Yes||Registration required for sales|
|Vermont||Yes||Can’t combine CBD with meat or dairy. Maple syrup has its own rules.|
|West Virginia||Yes||No food/beverage|