CBD Sales Across the U.S.: Legal Status and Regulations

As of December 2024, the sale of CBD products is legal in all 50 U.S. states, but the regulations governing their retail sale vary significantly from state to state.

The 2018 Farm Bill legalized hemp-derived CBD products containing less than 0.3% THC at the federal level.

However, each state has the authority to implement its own laws and regulations regarding the sale and distribution of CBD products.

States Without Legal Restrictions

In 17 states, both marijuana and hemp-derived CBD are permitted without any legal restrictions. These states are:

• Alaska
• Arizona
• California
• Colorado
• Connecticut
• District of Columbia
• Maine
• Massachusetts
• Michigan
• Montana
• Nevada
• New Jersey
• New York
• Oregon
• Vermont
• Virginia
• Washington

In these states, consumers can purchase CBD products from various retail outlets without significant legal hurdles.

States with Conditional CBD Laws

In the remaining states, CBD is conditionally legal, meaning there are specific regulations and restrictions in place.

For example:

• Some states only allow the sale of CBD products with no detectable THC.
• Others require products to be registered or tested for quality assurance.

Additionally, certain states have age restrictions or limit the types of products that can be sold.

Why Compliance Matters

It's important for consumers and retailers to be aware of and comply with their state's specific regulations regarding CBD products. This ensures that all products sold are:

• Safe
• Accurately labeled
• Legally compliant

Illinois CBD Regulations: Why Accountability and Safety Matter

As Illinois considers tightening regulations around CBD and hemp-derived products, the conversation goes beyond legality—it’s about ensuring safety, quality, and transparency for consumers, retailers, and pets alike. As someone deeply invested in the pet wellness space and living with a debilitating autoimmune condition, I rely on cannabis, hemp products, and supplements to manage my health and provide the best care for my family, including my pets. I welcome these changes because they address critical gaps in accountability across the board.

What’s Happening in Illinois?

Illinois lawmakers are revisiting proposals to regulate hemp-derived products like CBD and Delta-8 THC. While no outright bans are proposed, the legislation introduces stricter rules for product safety and marketing.

The Current Status of CBD in Illinois

Under the 2018 Federal Farm Bill, CBD products containing less than 0.3% THC are considered non-intoxicating and legal for sale. These products, typically derived from industrial hemp, include:

• CBD Oils
• Tinctures
• Edibles
• Topicals

Despite containing trace amounts of THC, these products are classified as non-intoxicating because the THC concentration is too low to cause psychoactive effects if dosed properly.

What Changes Are Proposed?

The proposed legislation focuses on addressing safety concerns and preventing harmful practices in the CBD industry. Here’s what’s being proposed:

1. Hemp CBD Products with Less Than 0.3% THC

• These will remain legal for sale in retail locations like health food stores, pharmacies, and online.
• Retailers may need to comply with additional requirements, including:
• Product Registration: Retailers and manufacturers would need to register their products with the state.
• Batch Testing: Products must verify THC levels and be tested for contaminants like heavy metals and pesticides.
• Accurate Labeling: Transparent labeling is essential to ensure consumers know exactly what they’re buying.

2. Regulating Intoxicating Hemp Products

• Products like Delta-8 THC or artificially concentrated Delta-9 THC—even if derived from hemp—are psychoactive and would face stricter controls.
• These products would only be sold through licensed cannabis dispensaries.
• Stricter rules would address synthetic cannabinoids, which are often untested and linked to harmful effects.

3. Potential Restrictions on Non-Intoxicating CBD

• Age Restrictions: Sales may be limited to individuals 21 and older.
• Packaging Standards: Products must avoid child-friendly designs that mimic candy or snacks.
• Retail Licensing: Retailers may be required to obtain special licenses to sell hemp-derived CBD products.

Why This Matters for Pets and People

For those of us in the wellness space, regulations like these are critical. I rely on cannabis and hemp products—not just for personal health but also for my pets. However, THC in the wrong dose can be extremely dangerous, especially for pets.

While I fully support the use of naturally occurring higher THC levels for pets when administered by an experienced individual, accountability is key. Accurate dosing, proper education, and monitoring are essential to prevent harmful side effects like disorientation, lethargy, or worse.

Lessons from California: The CBD Hemp Loophole

Illinois is learning from states like California, where the lack of regulation created chaos in industries like CBD beverages:

• The Beverage Industry Hit Hard: California’s hemp laws prohibited CBD in food and beverages until products met strict testing standards, disrupting businesses and forcing reformulations.
• Impact on Businesses: Many companies faced financial losses and confusion as products were pulled from shelves. Even high-end retailers like Erewhon had to pull all of their products such as CANN off of their shelves. 

By addressing similar loopholes preemptively, Illinois is taking a measured approach to ensure safety without creating unnecessary disruption.

Accountability in Wellness: Why It Matters

As a person and company in the wellness space, I’ve seen firsthand how critical clean ingredients and responsible sourcing are. Poorly regulated products can contain contaminants or harmful synthetics, jeopardizing health and trust.

Accountability means:

• Better Labeling: Consumers deserve to know what’s in their products.
• Safer Products: Comprehensive third-party testing ensures safety and efficacy.
• Trustworthy Businesses: Legitimate companies benefit from a level playing field.

The Timeline for Change

1. 2024-2025 Legislative Session: The Illinois General Assembly will reconvene in January 2025 to review proposals like House Bill 4293.
2. Legislation Passage: If passed, Governor JB Pritzker must sign the bill into law.
3. Implementation: New regulations could roll out as early as late 2025 or early 2026, allowing businesses time to comply.

The Bottom Line

Illinois is not banning CBD. Instead, the state is taking steps to ensure safety, transparency, and accountability in the hemp and CBD industries. These changes are good for consumers, pets, and businesses committed to high-quality products.

As someone who depends on these products daily, I applaud the effort to raise standards and protect public health. Let’s work toward a future where clean ingredients and accountability are the norm, ensuring the best outcomes for everyone—people and pets alike.

More on California's push forward for stricter regulations and what has been found in "regulated" cannabis products that were "allegedly" tested.

Stay tuned for updates as Illinois finalizes these plans.