Is CBD Legal in Vermont? State Hemp Rules in 2026
Vermont moved hemp oversight to its Cannabis Control Board in 2026. Hemp products with over 0.4 mg THC need registration. Checked November 5, 2026.
Last checked: Based on official sourcesNot legal advice.
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In short
As of November 5, 2026, CBD products made from hemp are legal in Vermont. State law defines hemp products to include any product with one or more hemp-derived cannabinoids, such as CBD, if it meets the federal THC level for hemp.[1, 2]
Act 178, signed on June 18, 2026, moved hemp oversight from the Agency of Agriculture, Food and Markets to the Cannabis Control Board (CCB). Hemp products that contain, or are expected to contain, more than 0.4 mg of THC must be registered with the CCB before they are sold in Vermont. Knowingly shipping unregistered products to buyers who order online or by mail is a crime.[2, 3, 4, 5]
The CCB's Rule 2.17 on intoxicating hemp dates from 2023. As written in the 2023 rule text, it prohibits delta-8, delta-10 and other THC forms made by chemical conversion outside the licensed cannabis market. It presumes consumable products are prohibited if they have more than 1.5 mg THC per serving or 10 mg per package, unless the package has at least 20 times more CBD than THC. As of November 5, 2026, we could not confirm whether the rule has changed since Act 178.[6, 7, 8]
At a glance
| Topic | Status |
|---|---|
| Is CBD legal? | Yes, within limits. As of November 5, 2026, Vermont law treats products with hemp-derived cannabinoids such as CBD as hemp products if they meet the federal THC level for hemp and are not prohibited by Cannabis Control Board rules. Products above 0.4 mg THC must be registered with the CCB before sale.[1, 2, 4, 5] |
| Hemp definition and THC limit | Vermont defines hemp as Cannabis sativa with "the federally defined tetrahydrocannabinol concentration level of hemp." A hemp product does not include anything the CCB prohibits or treats as a regulated cannabis product by rule, or anything not lawful in interstate commerce. Products left out of the hemp definition are treated as cannabis products.[1, 2] |
| CBD in food and drinks | Allowed within limits. Vermont's definition of hemp products includes food for people and animals. Under CCB Rule 2.17 as written in 2023, a consumable product is presumed prohibited if it has more than 0.3% total THC, more than 1.5 mg THC per serving, or more than 10 mg THC per package without a 20:1 CBD-to-THC ratio. We could not confirm the rule's current text in official sources as of November 5, 2026. Act 178 also lets the CCB ban hazardous additives in hemp products.[1, 2, 6, 8] |
| Intoxicating hemp products (delta-8, THCA flower and similar) | Prohibited outside the licensed cannabis market under CCB Rule 2.17, as written in 2023. The rule prohibits THC isomers, variants and analogs made by chemically changing hemp, including delta-8 and delta-10 THC. It also prohibits hemp-derived delta-9 THC that is concentrated and then added to a product to make it intoxicating. A product above 0.3% total THC, or one whose main appeal is mimicking THC's effects, is presumed prohibited. We could not confirm whether the rule has changed since Act 178 in official sources as of November 5, 2026.[6, 7, 8] |
| Minimum age | We could not confirm a statewide minimum age for hemp CBD products in Vermont law as of November 5, 2026. Act 178 lets the CCB set rules on when registered hemp products with more than 0.4 mg THC may be sold only to people 21 and older. Licensed cannabis retailers may sell only to people 21 and older.[2, 4, 5, 9] |
| Who can sell it | Hemp growers must register with the CCB ($50 a year), and processors, including anyone trading in hemp-derived cannabinoids, need a CCB license ($500 a year). A store that only sells hemp products is not a processor. Products with more than 0.4 mg THC need a CCB product registration ($75 a year) before sale. No one may ship unregistered products bought online or by mail to anyone other than a licensed cannabis lab in Vermont.[1, 2, 4, 5] |
| Labels and lab testing | Act 178 lets the CCB require labels that show cannabinoid content and avoid false or misleading claims, and require each registered product to be tested by a lab the Board recognizes. The CCB may also inspect stores and take samples. We could not confirm the CCB's current hemp labeling and testing rules in official sources as of November 5, 2026.[2] |
| Medical and adult-use marijuana | Vermont has both, and the Cannabis Control Board oversees them. Adults 21 and older may possess up to two ounces of cannabis and grow a small number of plants. Licensed retailers may sell up to two ounces per sale to adults 21 and older with photo ID. Vermont legalized medical cannabis in 2004, and commercial adult-use sales began in 2022.[7, 9, 10] |
| November 12 and December 11, 2026 | Vermont's hemp definitions follow federal law: they use the "federally defined" THC level and leave out products that are not lawful in interstate commerce. Act 178 itself says the federal status of most hemp products depends on the change made by Pub. L. 119-37. Our reading, not an official statement: from December 11, 2026, unless Congress delays it again, hemp products with more than 0.4 mg total THC per container may fall outside Vermont's hemp definition and be treated as cannabis products.[1, 2, 4, 5] |
How Vermont defines hemp and hemp products
Since June 18, 2026, Vermont's hemp law is in Title 7, the same title that covers cannabis. Act 178 repealed the old hemp chapter in Title 6 and moved oversight to the Cannabis Control Board.[1, 2, 3]
Hemp means Cannabis sativa, including its extracts and cannabinoids, with the federally defined THC level for hemp. A hemp product is any product with that THC level made from hemp, including food, cosmetics and "any product containing one or more hemp-derived cannabinoids, such as cannabidiol."[1]
A product is not a hemp product if the CCB prohibits it or treats it as a regulated cannabis product by rule, or if it is not lawful in interstate commerce. Such a product counts as a cannabis product under state law, though a licensed hemp processor may still possess it under its license.[1, 11]
Delta-8 and other intoxicating hemp products
A 2022 law gave the CCB authority over synthetic and hemp-derived cannabinoids, including delta-8 and delta-10 THC. The Board adopted Rule 2.17 as an emergency rule effective April 24, 2023. CCB testimony to lawmakers says it took effect as a final rule on October 21, 2023.[6, 7, 8]
As written in the 2023 rule text, Rule 2.17 prohibits THC isomers, variants, analogs and mimetics made by chemically changing hemp, such as delta-8 and delta-10 THC, no matter how much delta-9 THC the source plant had. It also prohibits concentrated hemp delta-9 THC that is sprayed or infused into a product to make it intoxicating.[6, 7, 8]
Under the 2023 rule text, a consumable product that is not a regulated cannabis product is presumed prohibited if it has more than 0.3% total THC, more than 1.5 mg THC per serving, more than 10 mg total THC per package unless CBD outweighs THC at least 20 to 1, or a main market appeal of mimicking THC's intoxicating effects.[6, 7, 8]
These details come from the 2023 rule text filed with lawmakers and from CCB presentations to the Senate Committee on Agriculture in 2025 and 2026. As of November 5, 2026, we could not confirm the current official text of the final rule, or whether the Board has changed it since Act 178.[6, 7, 8]
In February 2026, the CCB said hemp-derived delta-9 THC distillate already brought into the licensed cannabis market had to be made into finished products by September 1, 2026, and any remaining distillate after that date must be discarded.[12]
Licenses, product registration and online sales
Hemp growers must register with the CCB and the U.S. Department of Agriculture. Anyone who processes hemp, including trading in hemp-derived cannabinoids, needs a CCB processor license. Yearly fees are $50 for growers, $500 for processors and $75 per registered product.[1, 2]
Every hemp-derived product that contains, or is reasonably expected to contain, more than 0.4 mg of THC must be registered with the CCB before it is sold in Vermont. The Board may deny a registration if the product does not comply with state and federal law or if the applicant refuses inspection or sampling.[2, 4, 5]
A new section of the cannabis law bans shipping unregistered hemp or cannabis products bought by mail or online to anyone other than a licensed cannabis lab in Vermont. A knowing violation can bring up to five years in prison or a $5,000 fine. The Attorney General may also seek civil penalties of up to $5,000 for each shipment.[2]
Act 178 lets the CCB adopt rules on labels, lab testing for registration, cannabinoid disclosure, insurance, hazardous additives, and when products over 0.4 mg THC may be sold only to people 21 and older. As of November 5, 2026, we could not confirm which of these rules the Board has adopted.[2, 4, 5]
Medical and adult-use cannabis
The Cannabis Control Board is a three-member independent state agency created by Act 164 of 2020. It runs both the adult-use and medical cannabis programs. Vermont legalized medical cannabis in 2004 and legalized possession and home growing in 2018. Commercial adult-use sales began in 2022.[7, 11]
Adults 21 and older may possess up to two ounces of cannabis and up to two mature or four immature plants. Using cannabis in a public place is not allowed. Licensed retailers may sell up to two ounces, or the equivalent in cannabis products, per sale to adults 21 and older with photo ID.[9, 10]
How Vermont law relates to the 2026 federal changes
Act 178 says the federal legal status of most hemp products depends on the federal change made by Pub. L. 119-37, and that the law of hemp in interstate commerce is still evolving. The law's stated purpose is to unify oversight of cannabis and hemp-derived cannabinoids under the CCB.[2]
From November 12, 2026, federal law no longer counts cannabinoids that the plant cannot naturally produce as hemp. Vermont's Rule 2.17, as written in 2023, already prohibits delta-8 and similar converted cannabinoids outside the licensed cannabis market. The rest of the federal change, including a 0.4 mg total THC limit per container, is set for December 11, 2026, unless Congress delays it again.[4, 5, 7, 8]
This is our reading, not an official statement. Because Vermont's definitions use the federally defined THC level and exclude products not lawful in interstate commerce, products that stop counting as federal hemp may become cannabis products under Vermont law. Vermont's 0.4 mg registration threshold matches the federal per-container figure in number, though the state law refers to THC in a product rather than total THC per container.[1, 2, 4, 5]
What changes next
Federal exclusion of non-natural cannabinoids
From November 12, 2026, federal law no longer counts cannabinoids that the plant cannot naturally produce as hemp.[4, 5]
Rest of the federal hemp definition
Total THC and the 0.4 mg per container limit for final products are set for December 11, 2026, unless Congress delays it again. Vermont's hemp definitions refer to the federal THC level.[1, 4, 5]
CCB report on hemp fees
The CCB must report to legislative committees on hemp fees, revenue and possible changes to better support small hemp businesses.[2]
Craft processor fee waiver authority ends
The CCB's authority to waive or reduce license fees for craft hemp processors is repealed.[2]
Who regulates hemp and CBD
- Vermont Cannabis Control Board (CCB): Hemp growers, processors and product registration; intoxicating hemp rules; adult-use and medical cannabis
- Vermont Attorney General: Civil enforcement of the ban on shipping unregistered hemp or cannabis products
Timeline
Cannabis Control Board created
Act 164 set up Vermont's commercial cannabis framework and the Cannabis Control Board.[7, 11]
Emergency rule on intoxicating hemp
The CCB adopted an emergency rule prohibiting delta-8 and other converted cannabinoids, with presumptive THC limits for consumable hemp products.[8]
CCB Rule 2.17 on intoxicating hemp
CCB testimony to lawmakers says the final version of Rule 2.17, prohibiting delta-8 and other converted cannabinoids with presumptive THC limits for consumable hemp products, took effect.[6]
CCB confirms deadline for hemp delta-9 distillate
The Board affirmed that hemp-derived delta-9 THC distillate in the licensed cannabis market must be made into finished products by September 1, 2026.[12]
Act 178 moves hemp to the Cannabis Control Board
The governor signed Act 178. Its hemp sections took effect on passage, repealing the old hemp chapter and adding product registration above 0.4 mg THC and a ban on shipping unregistered products to buyers.[2, 3]
Distillate deadline
Remaining hemp-derived delta-9 THC distillate in the licensed cannabis market had to be in finished products or discarded.[12]
Sources
Show 12 references
- 7 V.S.A. § 852. Definitions (chapter 31, subchapter 3: Hemp)
- Act No. 178 (2026), S.323: An act relating to miscellaneous agricultural subjects, As Enacted (Secs. 15–20, hemp oversight)
- 6 V.S.A. chapter 34: Hemp [Repealed]
- Public Law 119-37 (November 12, 2025), Division B, Sec. 781: amendments to the definition of hemp (7 U.S.C. 1639o)
- Continuing Appropriations and Extensions Act, 2027, Public Law 119-103 (September 2, 2026), Sec. 2019: Section 781 extension
- Cannabis Control Board, "Hemp Regulation" (January 8, 2026), testimony to the Senate Committee on Agriculture
- Cannabis Control Board Introduction (January 24, 2025), testimony to the Senate Committee on Agriculture
- 23-E04 Emergency Rule on Synthetic and Hemp-Derived Cannabinoids (filing to the Legislative Committee on Administrative Rules, April 26, 2023)
- 7 V.S.A. § 907. Retailer license
- 18 V.S.A. § 4230a. Cannabis possession by a person 21 years of age or older
- 7 V.S.A. § 831. Definitions (chapter 31: Cannabis)
- CCB Takes Action on Hemp Additives, Delta-9 Distillate, and Packaging Waivers (February Board Meeting), Cannabis Control Board news, February 27, 2026
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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, let us know through our contact form.