CBD laws in the United States start from one federal rule: hemp-derived CBD is legal when it comes from cannabis containing no more than 0.3% delta-9 THC by dry weight. Everything else is qualification. The FDA still refuses to allow CBD in food or dietary supplements, states set their own licensing and age rules, and a rewritten federal definition of “hemp” takes effect on November 12, 2026 that will pull many products now on shelves out of the legal market.
The Federal Baseline
The Agriculture Improvement Act of 2018 defined hemp as the Cannabis sativa plant and all its derivatives, extracts, and cannabinoids with a delta-9 THC concentration of no more than 0.3% on a dry weight basis.1Office of the Law Revision Counsel. 7 USC 1639o – Definitions At or below that line, the plant and what comes from it are hemp. Above it, the material is marijuana and remains a Schedule I controlled substance.
That reclassification moved hemp out of the Drug Enforcement Administration’s control and into the Department of Agriculture’s as an agricultural commodity. The Farm Bill also added a commerce protection that matters if you ship or travel: no state or tribe may block the transportation of hemp products that comply with federal law through its territory.2GovInfo. 7 USC 1639p
What the Farm Bill did not do was hand CBD a free pass into every kind of product. It preserved the FDA’s authority under the Federal Food, Drug, and Cosmetic Act, and that authority is where most of the current federal restrictions live.
What Changes on November 12, 2026
Congress enacted Public Law 119-37 in November 2025. The new federal definition of hemp takes effect on November 12, 2026, and the current 2018 Farm Bill definition stays in force until that date.3Congress.gov. Changes to the Federal Definition of Hemp – Legal Considerations
Three changes will do most of the work:
- The threshold shifts from 0.3% delta-9 THC to 0.3% total THC, which includes tetrahydrocannabinolic acid (THCA). THCA converts to THC when heated, and the old measurement let high-THCA products qualify as hemp.
- Cannabinoids that are not naturally produced by the cannabis plant, or that were synthesized outside it, no longer qualify as hemp.
- Finished hemp-derived cannabinoid products cannot contain more than 0.4 milligrams of combined total THC per container, along with any other cannabinoids the Secretary of Health and Human Services identifies as having similar intoxicating effects.
The 0.4-milligram per-container cap is the point of pressure. Many CBD products currently sold legally contain trace THC amounts that would exceed it, even where they meet the current 0.3% concentration rule. How agencies implement and enforce the new definition will shape what remains on the market, but consumers and sellers should expect significant disruption starting in late 2026.3Congress.gov. Changes to the Federal Definition of Hemp – Legal Considerations
Where CBD Still Isn’t Federally Allowed
Food and Dietary Supplements
The FDA has not approved CBD for use in conventional food or dietary supplements. Federal law prohibits marketing a substance as a dietary supplement or food ingredient if it was previously approved as a drug or authorized for significant drug investigation,4Office of the Law Revision Counsel. 21 USC 321 – Definitions, Generally and it prohibits adding an approved drug to food sold in interstate commerce.5Office of the Law Revision Counsel. 21 USC 331 – Prohibited Acts CBD triggers both because the FDA approved Epidiolex, a prescription CBD drug for seizures associated with Lennox-Gastaut and Dravet syndromes, and because substantial clinical investigations preceded that approval.6Food and Drug Administration. EPIDIOLEX (Cannabidiol) Oral Solution Prescribing Information
In early 2023, the FDA formally concluded that its existing frameworks for food and dietary supplements are not appropriate for CBD, said it had not found adequate evidence to determine how much can be consumed safely and for how long, and asked Congress to create a new regulatory pathway.7Food and Drug Administration. FDA Concludes That Existing Regulatory Frameworks for Foods and Supplements Are Not Appropriate for Cannabidiol Congress has not enacted one, so CBD gummies, drinks, and capsules sit in federal legal limbo even where states allow them.
Cosmetics
Cosmetics face lighter federal treatment. Cosmetic ingredients are generally not subject to FDA premarket approval, and no regulation currently prohibits cannabis-derived ingredients in them. The product cannot be adulterated or misbranded. And once a CBD cosmetic claims to treat a disease or affect the structure or function of the body, the FDA classifies it as a drug and holds it to drug-approval standards.8Food and Drug Administration. FDA Regulation of Cannabis and Cannabis-Derived Products, Including Cannabidiol (CBD) A hemp-infused lotion marketed as a moisturizer is a cosmetic. The same lotion marketed as reducing joint inflammation becomes an unapproved drug.
State Rules and Purchase Age
With no federal pathway for consumable CBD, states have filled the vacuum. Rules vary on licensing, third-party lab testing, labeling, and who can buy. Many states require retailers to hold a hemp registration or consumable hemp product license, and state agriculture departments typically oversee compliance.
There is no federal minimum age to buy hemp-derived CBD. States fall into roughly three camps: no specific age, at least 18, or at least 21. The rule that applies is the one where you actually make the purchase, not where you live.
Delta-8 THC and Other Intoxicating Hemp Products
Because the 2018 Farm Bill measured only delta-9 THC, products containing intoxicating cannabinoids like delta-8 THC, delta-10 THC, and THC-O emerged in a gray zone. These are typically produced by chemically converting legal hemp-derived CBD. More than 20 states now ban or heavily restrict them, and the November 2026 federal definition excludes synthesized cannabinoids and products with cannabinoids the Secretary of Health and Human Services identifies as producing similar intoxicating effects.3Congress.gov. Changes to the Federal Definition of Hemp – Legal Considerations If your question about CBD legality was really about delta-8 or similar products, the answer is that the door is closing quickly from both directions.
Traveling With CBD
The TSA allows hemp-derived CBD that meets the 0.3% delta-9 THC limit in carry-on and checked bags, though the final call at a checkpoint rests with the individual officer.9Transportation Security Administration. Medical Marijuana Carrying the manufacturer’s Certificate of Analysis is the simplest way to avoid trouble. Liquid CBD products like oils and tinctures follow the standard rule: carry-on containers cannot exceed 3.4 ounces, and all liquids must fit in a single quart-size bag.10Transportation Security Administration. Liquids, Aerosols, and Gels Rule Larger bottles go in checked luggage.
Federal interstate commerce protection applies on the ground too; states cannot block the shipment of compliant hemp products through their territory.2GovInfo. 7 USC 1639p Once you stop traveling and possess or use the product in a state, that state’s rules apply, and some are stricter than federal law.
International travel is a different situation. Customs and Border Protection enforces federal law at the border with broader authority than TSA at a domestic checkpoint, and many countries treat all cannabis-derived products as controlled substances regardless of THC content. Canada prohibits carrying cannabis products across its border in either direction. Leaving CBD at home is the safest option for international trips.
Drug Testing
Legal does not mean consequence-free. Standard workplace urine screens test for THC metabolites, not CBD. A pure-CBD product with zero THC will not cause a positive result. The problem is that many CBD products do contain THC, sometimes in amounts the label doesn’t disclose. A study in JAMA Network Open found only 24% of tested CBD products were accurately labeled for CBD content, and THC was detected in 35% of products, including some labeled THC-free.11JAMA Network. Cannabinoid Content and Label Accuracy of Hemp-Derived Topical Products Available Online Because THC metabolites can stay detectable for weeks, small unknown amounts consumed over time can build to a positive screen.
Employers generally do not have to distinguish between THC from marijuana and THC from a legal hemp product. A positive result can mean termination, a withdrawn job offer, or disqualification from a safety-sensitive role. If drug testing is part of your job and you still want to use CBD, products labeled as CBD isolate carry less risk than full-spectrum, which intentionally retains other cannabinoids including trace THC. Either way, look for a brand that publishes batch-specific third-party lab results.
Product Quality and Labeling
No federal agency pre-approves CBD formulations, verifies label claims, or certifies that what’s in the bottle matches what’s on the label. Some states require manufacturer identification, batch numbers, expiration dates, milligram content, and links to lab results, but the requirements and enforcement vary widely.
The JAMA study also found that 58% of tested products contained significantly more CBD than advertised, and 18% contained significantly less.11JAMA Network. Cannabinoid Content and Label Accuracy of Hemp-Derived Topical Products Available Online For someone taking CBD alongside prescription medication, an unpredictable dose is a real health issue, not just a consumer complaint.
Until federal oversight catches up, the most reliable safeguard is a current Certificate of Analysis from an accredited independent lab. A legitimate COA identifies the batch, lists the full cannabinoid profile including THC, and screens for contaminants like heavy metals and pesticides. A seller who won’t produce one is telling you something.