Is CBD Legal in the US? Yes — Here's the 2026 Answer

Hemp-derived CBD under 0.3% THC is federally legal in all 50 states. No prescription, no license — here's the rule that makes it work.

Updated August 2026

Yes — CBD is legal in the US. Hemp-derived CBD that contains less than 0.3% THC is federally legal in all 50 states, no prescription or license required. That's the rule the 2018 Farm Bill set at the federal level, and pure CBD isolate — which is 0% THC by definition — sits squarely on the legal side of that line.

Important distinction: the law draws the line by source and THC content, not by the word "CBD." Hemp-derived CBD under 0.3% THC = federally legal. Cannabis/marijuana-derived CBD (high THC) is a different story governed by state law. Our products are hemp-derived isolate at 0% THC, confirmed by third-party lab results.

The 2018 Farm Bill in plain English

The Farm Bill removed hemp — cannabis with less than 0.3% THC by dry weight — from the federal list of controlled substances and legalized its cultivation and sale. CBD extracted from legal hemp is therefore a legal, agricultural product. No prescription, no special license, no federal restriction on buying it.

Do you need a prescription?

No. Hemp-derived CBD is available over the counter as a dietary supplement. A prescription only applies to FDA-approved pharmaceutical CBD, which is a completely separate product from the isolate tinctures most people buy. For daily wellness use, no prescription is involved.

State-by-state reality

SituationStatus
Hemp CBD under 0.3% THC (federal)Legal in all 50 states
Hemp CBD under 0.3% THC (most states)Legal with normal retail rules
Marijuana-derived CBD (high THC)Legal only where recreational/medical cannabis is
CBD with 0% THC (isolate)Legal; lowest regulatory complexity

Why 0% THC isolate simplifies everything

The moment THC reaches higher levels, you move from "hemp product" to "cannabis product," which triggers state cannabis law. By using pure isolate at 0% THC, you avoid that entire category. It's the cleanest, simplest legal situation a CBD product can be in.

FAQ

Is CBD legal in all 50 states?
Hemp-derived CBD with under 0.3% THC is federally legal in all 50 states. A small number of states impose extra local rules on hemp products, so it's always worth a quick check of your state's current hemp law.
Is CBD the same as marijuana?
No. Marijuana refers to cannabis with high THC. CBD isolate from hemp contains 0% THC and is not marijuana. The two are legally and chemically very different.
Can I travel with CBD isolate?
Within the US, hemp-derived CBD with under 0.3% THC is generally permitted. Because isolate is 0% THC and not a controlled substance, it's the most travel-friendly form. Always check the specific rules of your destinations.
Is Simple Tinctures legal everywhere in the US?
Our concentrate is pure CBD isolate at 0% THC, derived from hemp — federally legal under the 2018 Farm Bill. Because it's 0% THC, it doesn't fall under cannabis regulation in any state.

Get Legal 0% THC Isolate — $49