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CBD Regulation in the United States

Is CBD legal in the US, and how are the rules changing in November 2026? A dated summary based on official sources.

Last checked: Based on official sourcesNot legal advice.

What's on this page?

At a glance

At a glance
TopicStatus
CBD made from hempProducts made from hemp with no more than 0.3% delta-9 THC by dry weight have been outside the federal controlled substances list since 2018.[1]
Food and dietary supplementsAccording to the FDA, food with added CBD cannot be sold across state lines, and CBD cannot be sold as a dietary supplement.[2]
Prescription medicineEpidiolex was approved in 2018; it has not been a federally controlled substance since 2020.[3, 4]
November 12, 2026Products containing cannabinoids that the plant cannot produce naturally no longer count as “hemp.”[5, 6]
December 11, 2026 (unless delayed again)Total THC (including THCA) of no more than 0.3%; cannabinoids synthesized outside the plant excluded; no more than 0.4 mg total THC per container in final products.[5, 6]
StatesMay set rules stricter than the federal ones; rules vary from state to state.[7, 8]

The 2018 Farm Bill: how hemp was separated from marijuana

Hemp and marijuana come from the same plant, Cannabis sativa L.; US law tells them apart by THC content. The Farm Bill, signed into law on December 20, 2018, defined “hemp” as the plant and its derivatives, extracts and cannabinoids with a delta-9 THC concentration of no more than 0.3% on a dry weight basis.[1]

The same law removed hemp from the definition of marijuana in the federal Controlled Substances Act. As a result, CBD made from hemp under that limit stopped counting as a controlled drug at the federal level.[1]

The law explicitly kept the FDA’s authority over hemp products, though: whether a product containing CBD can be sold as a food, a supplement or a drug depends on FDA rules.[2]

What does the FDA say? CBD in food and supplements

According to the FDA, CBD falls outside the definition of a dietary supplement: CBD first became the active ingredient of an approved drug, and substantial clinical investigations of it were started and made public before products were marketed as supplements. For the same reason, it is prohibited to sell food with added CBD across state lines.[2]

In January 2023, the FDA concluded that the existing rules for foods and supplements are not appropriate for CBD. It said there is not enough evidence on how much CBD can be consumed, and for how long, before causing harm; it announced that it would not issue rules allowing CBD in supplements or food and would work with Congress on a new way forward.[9]

So a CBD product on a store shelf is not a product the FDA has reviewed or approved: the FDA says it has not approved any CBD product other than one prescription drug. The FDA sends warning letters to companies selling CBD products with claims that they treat diseases; the Congressional Research Service (CRS) notes that many of these products are still on the market.[2, 10]

The only approved CBD medicine: Epidiolex

The FDA approved Epidiolex, a medicine made of CBD, on June 25, 2018. According to the FDA, it is the only approved CBD medicine in the US today.[2, 3]

According to its current prescribing information, Epidiolex is used by prescription to treat seizures associated with Lennox-Gastaut syndrome, Dravet syndrome and tuberous sclerosis complex in patients 1 year of age and older.[11]

After approval, the DEA had placed the medicine in the least restrictive control category (schedule V); a rule effective August 21, 2020, removed FDA-approved CBD medicines from that list.[4]

What does research show for these conditions? Our guide’s assessment:

The result and strength of evidence are our guide’s assessment for these conditions; they are separate from the medicine’s approval status.

November 2026: the definition of hemp is changing

Section 781 of Public Law 119-37, enacted on November 12, 2025, rewrote the definition of hemp and set it to take effect one year later, on November 12, 2026.[5]

Key points of the new definition:

  • The THC limit is based on total THC: THCA in the plant counts too; the limit is still 0.3% by dry weight.[5]
  • Products containing cannabinoids that the plant cannot produce naturally do not count as “hemp.”[5]
  • If a cannabinoid that occurs naturally in the plant was synthesized or manufactured outside the plant, products containing it are excluded too.[5]
  • In final products, total THC plus cannabinoids with THC-like effects may not exceed 0.4 mg per container. The “container” is the innermost packaging in direct contact with the product, such as a bottle, jar or packet.[5]
  • FDA-approved drugs are excluded from this product definition.[5]

The 0.4 mg limit applies to the whole container, not to each serving. For comparison, 30 grams of an oil with 0.3% THC contain about 90 mg of THC. CRS writes that the change will seemingly alter the legal status of many hemp products on the market today.[5, 10]

The delay: Public Law 119-103, enacted on September 2, 2026, provides that until December 11, 2026, only the provision on cannabinoids the plant cannot produce naturally applies.[6, 12]

Where things stand (November 1, 2026): none of the changes is in effect yet. On November 12, 2026, only the rule on cannabinoids that cannot be produced naturally begins. The total THC standard, the exclusion of cannabinoids synthesized outside the plant and the 0.4 mg per container limit take effect on December 11, 2026, unless Congress delays them again. According to a CRS note dated October 28, 2026, the FDA has not yet published the cannabinoid lists and the guidance on “container” that the law asked for within 90 days.[5, 6, 12]

What it means for CBD: CBD occurs naturally in the plant, so CBD made from the plant is not covered by the first step on November 12. CBD synthesized outside the plant is excluded by the December 11 step. For products with trace amounts of THC, the 0.4 mg per container limit is what matters.[2, 5, 6]

States: each state has its own rules

Federal law does not prevent states from passing hemp production laws that are stricter than the federal rules.[7]

States set their own rules for hemp and cannabinoid products; according to CRS, some states have aligned their laws with the new federal definition. So a product that is legal at the federal level may be subject to different rules in the state you are in.[7, 8]

The most reliable place to find your state’s rules is the state’s own official sources: the Department of Agriculture that runs its hemp program, the Department of Health, the Attorney General and the state legislature’s statutes. Because the rules change often, we don’t list all 50 states here.

Air travel and drug tests

According to the TSA, which runs airport security, its officers do not search for illegal drugs; but if any illegal substance is found during screening, TSA refers the matter to a law enforcement officer. The final decision on whether an item is allowed through the checkpoint rests with the TSA officer.[13]

The rules of the state or country you are going to apply too. Bringing CBD into Turkey follows Turkey’s own rules; see our page on regulation in Turkey for details.

In 2020, the US Department of Transportation (DOT) issued a notice for employees in safety-sensitive jobs covered by drug testing (such as pilots and drivers): CBD use is not a legitimate medical explanation for a laboratory-confirmed marijuana positive result. The notice also points out that CBD product labels may be misleading and that products may contain more THC than the label states.[14]

Regulation in Turkey · CBD and drug tests · Athletes and doping

Frequently asked questions

Is CBD legal in the United States?

At the federal level, CBD made from hemp with no more than 0.3% delta-9 THC by dry weight has not counted as a controlled drug since 2018. That does not mean every CBD product can be sold freely everywhere: the FDA does not allow CBD to be added to food or sold as a dietary supplement, and states can set their own rules.[1, 2, 7]

What exactly changes in November 2026?

On November 12, 2026, the legal definition of hemp starts to change: in the first step, products containing cannabinoids that the plant cannot produce naturally stop counting as “hemp.” The total THC (including THCA) standard, the exclusion of cannabinoids synthesized outside the plant and the 0.4 mg THC per container limit for final products take effect on December 11, 2026, unless Congress delays them again.[5, 6]

Can CBD be sold as a dietary supplement?

According to the FDA, no: CBD falls outside the definition of a dietary supplement, and food with added CBD cannot be sold across state lines. In 2023, the FDA said a new legal pathway is needed and that it would work with Congress.[2, 9]

Can you fly with CBD?

According to the TSA, its officers do not search for illegal drugs, but they refer any illegal substance they find to law enforcement, and the final decision on whether an item is allowed rests with the officer. The rules of the state or country you are going to apply too.[13]

What is Epidiolex, and who is it for?

Epidiolex is the only CBD medicine approved by the FDA. According to its prescribing information, it is used by prescription for seizures associated with Lennox-Gastaut syndrome, Dravet syndrome and tuberous sclerosis complex in patients 1 year of age and older.[2, 11]

Timeline

  1. FDA approves Epidiolex

    The medicine made of CBD was approved for seizures in certain forms of epilepsy.[3]

  2. 2018 Farm Bill

    Hemp with no more than 0.3% delta-9 THC was removed from the definition of marijuana in the Controlled Substances Act.[1]

  3. DEA rule

    FDA-approved CBD medicines were removed from the controlled substances list (schedule V).[4]

  4. FDA: existing rules are not appropriate for CBD

    The FDA said it would not issue rules allowing CBD in supplements or food and would seek a new way forward with Congress.[9]

  5. Public Law 119-37

    Section 781, which changes the definition of hemp, became law; it takes effect a year later.[5]

  6. Public Law 119-103

    Most of the changes were delayed to December 11, 2026.[6]

  7. First step

    Products containing cannabinoids that the plant cannot produce naturally no longer count as “hemp.”[5, 6]

  8. Remaining changes (unless delayed again)

    The total THC standard, synthesized cannabinoids and the 0.4 mg per container limit.[6]

Sources

Show 14 references
  1. Agriculture Improvement Act of 2018, Public Law 115-334 (December 20, 2018), §10113 (hemp definition) and §12619 (Controlled Substances Act)
  2. U.S. Food and Drug Administration (FDA): FDA Regulation of Cannabis and Cannabis-Derived Products, Including Cannabidiol (CBD)
  3. Drugs@FDA: Epidiolex (cannabidiol) oral solution, NDA 210365 (approved June 25, 2018)
  4. Drug Enforcement Administration (DEA): Implementation of the Agriculture Improvement Act of 2018, interim final rule, 85 FR 51639 (August 21, 2020)
  5. Public Law 119-37 (November 12, 2025), Division B, Sec. 781: amendments to the definition of hemp (7 U.S.C. 1639o)
  6. Continuing Appropriations and Extensions Act, 2027, Public Law 119-103 (September 2, 2026), Sec. 2019: Section 781 extension
  7. 7 U.S.C. § 1639p(a)(3): State and tribal hemp plans, no preemption (text via Cornell Law School LII)
  8. Congressional Research Service, In Focus IF13136: Changes to the Statutory Definition of Hemp and Implications for Agricultural Policy (updated September 28, 2026)
  9. FDA: FDA Concludes that Existing Regulatory Frameworks for Foods and Supplements are Not Appropriate for Cannabidiol, Will Work with Congress on a New Way Forward (January 26, 2023)
  10. Congressional Research Service, Insight IN12620: change to the federal definition of hemp (December 3, 2025)
  11. DailyMed (U.S. National Library of Medicine): Epidiolex (cannabidiol) prescribing information
  12. Congressional Research Service, Legal Sidebar LSB11496: Delay in Changes to Hemp Definition: Cannabinoids Not Capable of Being Naturally Produced by the Cannabis Plant (October 28, 2026)
  13. Transportation Security Administration (TSA): What Can I Bring? Medical Marijuana (updated April 27, 2026)
  14. U.S. Department of Transportation, Office of Drug and Alcohol Policy and Compliance (ODAPC): DOT "CBD" Notice (February 18, 2020)

Other countries

CBD in Turkey · CBD in the European Union

About this page

This page is a plain summary of official texts; it is meant to inform and is not a substitute for legal advice. Rules can change and differ from place to place: before you decide, we suggest checking the official text and, if needed, talking to a lawyer. If you spot a change or an error, write to [email protected].