Is CBD Oil Legal In New Mexico


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CBD laws vary across the country, and they don’t always line up with the federal laws declared by the 2018 Farm Bill. Thanks to these discrepancies, it’s hard to determine if the CBD near you is legal or even safe. Is CBD legal in New Mexico, and if so, what laws does the state impose that affect consumers? Good news! Looking for some CBD oil retailers in New Mexico? Here is a complete guide on hemp and marijuana laws in New Mexico, as well as the list of the most recommended CBD stores in the state. The 2018 United States Farm Bill legalized industrial hemp cultivation with less than 0.3% tetrahydrocannabinol (THC).

Is CBD Legal in New Mexico?

CBD laws vary across the country, and they don’t always line up with the federal laws declared by the 2018 Farm Bill. Thanks to these discrepancies, it’s hard to determine if the CBD near you is legal or even safe.

Is CBD legal in New Mexico, and if so, what laws does the state impose that affect consumers?

CBD is legal and easily accessible in the state, and New Mexico imposes some of the strictest industry regulations in the country. If that sounds counter-intuitive, allow us to break down the details of New Mexico CBD laws:

Disclaimer: We’re always working to stay informed on the latest CBD laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.

Key Takeaways

  • New Mexico legalized hemp production shortly after the 2014 Farm Bill was signed into law, and the state has slowly modified their hemp program over the last few years. Now, the state imposes strict regulations on manufacturers and producers that follow products all the way to vendors.
  • There’s no minimum legal age to buy CBD in New Mexico, and you can likely find CBD products all over the state.
  • The state allows CBD to be used in many ways, including in food, beverages, and dietary supplements.
  • Many regulations are in place, but vendors may not be required to offer this information to consumers. In order to ensure that the products you choose are safe and potent, you may consider shopping online. Many online CBD brands ship legal CBD products to New Mexico to buyers aged 18 and up.

Legal Concerns About CBD

It’s true that CBD gained its federal legal status in 2018. The Hemp Farming Act effectively removed industrial hemp and its natural derivatives (like cannabinoids) from the Controlled Substances Act.

But there’s a catch, and it complicates things:

Legal CBD products must come from industrial hemp.

This classification is designated to hemp material that meets a strict set of standards. The most significant is that it contains less than 0.3% THC on a dry weight basis. If CBD products are made from any cannabis strain that contains more than 0.3% THC, it is not a federally legal product.

The final product must contain less than 0.3% THC, too.

That means that even if a brand starts with legal hemp material, they need to carry out careful manufacturing procedures to produce a legal end product. It’s possible for certain cannabinoids to be “concentrated” during the extraction process, leading to higher THC concentrations than in the original material. Proper manufacturing and careful testing need to be employed to avoid this issue.

Because there is very little regulation in the CBD industry, it’s important to evaluate a brand carefully before you buy. It can be hard to tell if a CBD product is made from a legal hemp source and meets the federal guidelines for legal hemp products. The best way to ensure that your CBD products are legal is by checking the third-party lab tests for cannabinoid potency.

Of course, these regulations only apply on a federal scale. You must also ensure that your products meet the standards laid out by federal guidelines and those set by your state.

What are the CBD laws in New Mexico?

Multiple attempts to legalize hemp in response to the 2014 Farm Bill were originally vetoed by New Mexico Governor Susana Martinez. However, the state’s supreme court overturned the veto, eventually altering hemp legislation in 2017 to update the state’s definition for hemp to match the federal definition–any cannabis material with less than 0.3% THC on a dry weight basis. This bill technically legalized hemp but made no provisions for growing, producing, or marketing hemp products in the state.

In 2019, following the 2018 Farm Bill, New Mexico finally passed HB 581. The new bill laid the groundwork for the state’s hemp pilot program, similar to the plan laid out by other cannabis-friendly states, like Colorado and Oregon. New Mexico’s hemp regulations exceed far beyond most states’, placing some of the most stringent requirements in the nation on hemp manufacturers. Only a few other states, like Utah and Nevada, have adopted similarly strict regulations.

Growing, manufacturing, and selling hemp each requires an individual license to be granted by the state. The program also requires various testing and labeling practices for hemp products. For instance, CBD products marketed in the state cannot be labeled to suggest that they contain “no THC” or are “THC-free.”

Growers must obtain a harvest certificate and testing analysis for all hemp material, and the documentation must follow the hemp or products all the way to the vendor. However, there are no requirements to provide this information to the consumer.

New Mexico also allows the use of hemp-derived cannabinoids in foods and beverages, proving the products meet the requirements of the state’s food safety laws. However, these protections only exist for manufacturers, and CBD vendors are subject to the rules laid out by the FDA.

Is full spectrum CBD legal in New Mexico?

It’s easy to assume that CBD isolate is legal in many places since it contains no THC, but many consumers are worried that the trace amounts of THC found in full-spectrum CBD products may cause trouble in states where cannabis is illegal. Luckily, New Mexico has no laws restricting full spectrum CBD products that contain 0.3% THC or less. The state does restrict products from being marketed as “THC-free.”

Does New Mexico have a CBD possession limit?

New Mexico doesn’t impose any CBD possession limits that affect consumers. Products that contain more than 0.3% THC are considered cannabis products and can only be accessed as part of the state’s medical cannabis program. These products may be subject to different possession laws.

Can doctors prescribe CBD in New Mexico?

You do not need a prescription to access hemp CBD products in New Mexico. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states where medical marijuana is legal, like Ohio, access usually requires a doctor’s recommendation, not a prescription.

CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.

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Where to buy CBD in New Mexico?

New Mexico allows CBD to be sold at dispensaries and other stores so long as it is pre-packaged and the vendor is licensed and operating according to the state’s food safety laws. That means you may find CBD in many different stores across the state, but can’t buy it in already-prepared foods at restaurants and cannot consume it on site.

The state does require certain testing documents and harvest certifications to follow the hemp material from seed to sale, but this information doesn’t have to be given to the consumer. For this reason, you should be careful when buying CBD in New Mexico.

Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.

Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.

Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.

For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.

How old do you have to be to buy CBD in New Mexico?

In theory, CBD should be accessible to people of all ages, especially since it gained its popularity as a treatment for various childhood illnesses. Of course, some products may not be suitable for people of all ages, like smokable hemp flower or CBD vaporizers.

Still, the legal age to buy CBD is unclear, often on both the state and federal level. Although there are no statewide laws in New Mexico that impact purchasing age, laws may vary by local jurisdiction, but generally, the minimum age for purchase is decided by the vendor. The legal age for buying tobacco has been increased to 21, and it’s possible that most CBD vendors will require buyers to meet this minimum age requirement as well.

Many CBD brands allow customers who are 18 or older to order online and will ship legal CBD products to New Mexico.

Is CBD legal in all 50 states?

Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in New Mexico, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.

Where to Buy CBD Oil in New Mexico? Hemp Oil Laws & Legality (2022)

Because of the growing popularity of hemp and cannabidiol, we can observe new CBD retailers popping up across the States. Since the cannabinoid offers a range of health and wellness benefits, it’s becoming one of the most recommended dietary supplements these days. However, not everyone can enjoy the advantages of this plant-based product, as its legality varies from place to place, which may be extremely confusing.

As one of the most popular active compounds in the cannabis plant, CBD is becoming more widely used medicinally and recreationally. Wondering whether or not cannabidiol is legal in New Mexico? It depends on its source, as it can be derived either from hemp or marijuana. The good news is: you can legally buy hemp-derived CBD oil in the state.

But what are the exact rules when it comes to hemp and marijuana here? Here is everything you need to know about the legality of CBD in New Mexico.

Where to Buy CBD Oil in New Mexico?

Given the rapid growth of the hemp industry in the U.S., it’s now easier than ever to buy CBD oil locally, and New Mexico is no exception. In fact, the state is home to an abundance of CBD stores and vape shops located in many cities in New Mexico.

However, the CBD market is a relatively new branch in the industry, which means it may be difficult to find a trustworthy retailer selling top-notch products. Thus, if you want to make sure you get the best quality hemp-based goods, consider shopping online. There is a wide range of goods available on the Internet, but the question is: can you legally buy CBD oil online?


Long story short: yes. According to the 2014 Farm bill, all hemp-based products are legal all over the States. Thus, you can legally purchase your favorite CBD oil online from literally every corner of the U.S., as long as it’s hemp-derived.

What are the advantages of buying CBD oil online? It’s convenient and an effective way to get your goodies at the most affordable prices. Additionally, many online shops offer discounts or wholesale deals, making their offer even more cost-effective. Shopping online means having access to an abundance of hemp-based products, including top-notch CBD oil. Plus, you don’t have to leave your house to get exactly what you need.

If you don’t know how to find a trustworthy CBD retailer on the Internet, here are a few tips to go by when shopping for cannabidiol goods online:

  • Products should be 100% organic and non-GMO certified
  • CBD should be extracted with CO2
  • Check whether or not the manufacturer provides third-party lab testing results to ensure the quality of the product

Keeping these three simple tips in mind, shopping for hemp-derived CBD oil online should be a lot easier.

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Is CBD Oil Legal in New Mexico?

As mentioned before, the legality of cannabidiol depends on its source. There are two types of cannabis plants: hemp and marijuana. The first one comes with up to 0.3% of THC in general, while marijuana contains more of this psychoactive compound.

Now, hemp is fully legal in New Mexico, so is hemp-derived CBD oil. However, if you’re thinking about buying marijuana-derived CBD oil, it is only allowed for medical marijuana patients under specific conditions.

Below, you’ll find everything there is to know about the legality of both marijuana and hemp-based CBD oil. Read on if you don’t want to get in trouble when shopping for cannabidiol in New Mexico!

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The recreational use of marijuana is illegal in the state. However, under the 2007 Lynn and Erin Compassionate Use Act, medical use of marijuana is allowed in New Mexico. However, you must meet some requirements to get a medical card here.

First of all, a list of 15 health conditions that qualify a patient for getting medical marijuana. These include cancer, PTSD, epilepsy, AIDS/HIV, severe anorexia, severe chronic pain, glaucoma, painful peripheral neuropathy, intractable nausea, hepatitis C, multiple sclerosis, Crohn’s disease, “intractable spasticity,” and inflammatory autoimmune medicated arthritis. Moreover, if you’re a patient receiving hospice care, you may also qualify for a medical marijuana card in the state. Keep in mind you must be a state resident if you want to get your hands on the medical card in New Mexico.

Considering the above, you can get your hands on marijuana-derived CBD oil only if you’re a medical marijuana patient. As for buying CBD oil in New Mexico, you can get it in a medical marijuana dispensary, as long as you’re qualified for such a purchase.


Contrary to marijuana-derived cannabidiol, hemp-based products can be freely purchased in New Mexico. There is no need for a prescription to get hemp-derived CBD oil, as it’s completely legal in all 50 states under the 2018 Farm Bill.

Is CBD Legal In New Mexico? – August 2022

The US Farm Bill officially excludes industrial hemp containing 0.3% or less THC from being categorized as a marijuana product under the Controlled Substances Ac t (6) .

Thus, hemp products , such as CBD oil, containing less than 0.3% THC , may be legally sold in all 50 states.

Still, state laws may or may not align with federal law .

Cannabidiol (CBD) oil is a product developed from industrial hemp . In the United States, CBD oil products are produced commercially using cultivars approved by the United States Department of Agriculture.

The 2018 United States Farm Bill allows farmers to grow industrial hemp plants containing 0.3% or less tetrahydrocannabinol ( THC ), the compound that causes psychoactive effects (7) .

CBD companies must comply with certain restrictions imposed by the US Food and Drug Administration ( FDA ). Commercially-produced CBD products are prohibited from being marketed as dietary supplements or pharmaceutical drugs (8) .

CBD companies are also prohibited from making any health claims. Furthermore, the FDA forbids manufacturers from adding CBD into food and beverages (9) .

The legalization of industrial hemp does not cover all CBD products . According to the Drugs Enforcement Administration, CBD products exceeding 0.3% THC are classified as a Schedule I controlled substance (10) .

New Mexico CBD Laws

House Bill 581, signed by Governor Michelle Lujan Grisham on April 1, 2019, aligned New Mexico laws with the federal government regulations (11) .

The State of New Mexico legalized the local cultivation of hemp and the production of hemp-derived finished products, such as CBD oil (12) . These CBD oil products must contain less than 0.3% THC .

House Bill 581 requires farmers to use cultivars approved by the New Mexico Department of Agriculture. These cultivars are developed and bred to produce industrial hemp containing 0.3% or less THC (13) .

Meanwhile, FDA -approved drugs containing CBD or other cannabinoids require a prescription from a licensed physician (14) .

In terms of labeling, the state requires manufacturers to follow the provisions of the New Mexico Food Act and Food Service and Sanitation Act (15) .

However, this provision does not necessarily allow CBD products to be added to food or beverage products.

According to the New Mexico Environment Department (NMED), state food regulations adopted the FDA ’s Food Code (16) . The 2017 Food Code is the latest published edition, and its regulations are renewed every four years.

The FDA’s Food Code prohibits manufacturers and other food establishments from using unapproved food additives (17) .

Since there is only one FDA-approved CBD product (Epidiolex), it is currently illegal to add CBD to food products (18) .

For more information regarding CBD labeling requirements, individuals may contact the New Mexico Environment Department or visit their official website (www.env.nm. gov ).

New Mexico Medical Marijuana Program

New Mexico currently has a medical marijuana program that accommodates citizens with qualifying conditions.

In 2007, Senate Bill 523, also known as the Lynn and Erin Compassionate Use Act , was introduced to enable individuals with debilitating conditions to benefit from medical marijuana (19) .

CBD products derived from marijuana are not covered by the Hemp Farming Act and are considered a Schedule I controlled substance.

Marijuana-derived CBD oil requires a diagnosis and a written certification from a licensed practitioner, indicating that an individual has the qualifying medical condition (20) .

New Mexico citizens age 18 and over with the following medical conditions are eligible to apply for New Mexico ’s medical cannabis program (21) :

  • Alzheimer’s Disease
  • Amyotrophic Lateral Sclerosis (ALS)
  • Autism Spectrum Disorder
  • Cancer
  • Crohn’s Disease
  • Huntington’s disease
  • Glaucoma
  • Multiple Sclerosis
  • Painful Peripheral Neuropathy
  • Parkinson’s disease
  • Post-Traumatic Stress Disorder
  • Severe Chronic Pain
  • Spinal Muscular Atrophy
  • Ulcerative Colitis

Additionally, citizens with a state-issued medical marijuana card may possess up to eight ounces of cannabis-derived CBD oil (22) .

Individuals in possession of cannabis without a medical marijuana card may be charged with a petty misdemeanor and is subject to a $50 to $100 fine (23) .

On February 20, 2020, Governor Michelle Lujan Grisham signed Senate Bill 139, limiting the medical marijuana cards to citizens (24) .

Thus, dispensaries are prohibited from selling marijuana to visitors, even when they have a medical marijuana card from other states.

*Individuals may refer to the New Mexico Department of Health for a complete list of the qualifying conditions.

CBD Licensing Requirements

Before harvest, licensed hemp farmers must submit a crop sample for testing in state-approved laboratories. After the laboratory has verified the sample’s legal THC content, a harvest certificate is issued by the Department of Agriculture (25) .

Hemp manufacturers in New Mexico must purchase only industrial hemp that comes with a harvest certificate.

Manufacturing hemp-derived products require a permit from the New Mexico Environmental Department. The license application fee is $1,000 (26) .

Meanwhile, selling pre-packaged CBD products created by licensed manufacturers do not require a special permit (27) .

When transporting hemp products in the state, the person responsible must present a harvest certificate or a manifest recognized by the state’s Hemp Farming Act .

Transporting hemp-derived products without a harvest certificate or a manifest may be subject to a $500 fine and a misdemeanor charge (28) .

Individuals possessing more than eight ounces of hemp may be apprehended by a law enforcement agency (29) .

Transporting hemp products in small amounts for lab testing or research does not require a hemp certificate.

However, the transporter must represent a licensed hemp facility and provide information, such as batch or lot identification, item description, origin and destination, total volume, and weight (30) .

Testing Requirements

Hemp-derived products must be submitted to a state-approved laboratory for testing. The certificate of analysis (COA) presented by the lab must contain batch code, method of analysis, testing date, and authorized signature.

The COA must be presented to CBD distributors and retailers before they may legally purchase the manufacturer’s products.

Buying CBD Legally

Although strict regulations are in place to protect New Mexico residents from consuming unsafe CBD products , this does not guarantee that illegal CBD products do not make it into the state.

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Before buying CBD oil , consumers must always check the product’s certificate of analysis.

As per manufacturing regulations, all hemp-derived CBD products are required to have a COA. Any product without a COA in New Mexico is not recommended for purchase.

The COA provides consumers information on products’ consistency and purity. Furthermore, the COA helps determine if the CBD oil is free from harmful chemicals, heavy metals, and toxic substances.

Consumers must also consider the hemp source. New Mexico law requires manufacturers to buy hemp from local growers with harvest certificates.

State laws allow local manufacturers to use out-of-state hemp or hemp extracts if the grower is registered with the New Mexico Environment Department (NMED) (31) .

Consumers must buy CBD products only from New Mexico -based CBD manufacturers (32) .

How to Choose Which CBD Products to Buy

When looking for high- quality products , individuals may start by checking the brand’s accreditations and ratings.

Individuals may check the CBD company’s Better Business Bureau status, customer feedback , and product line up.

The Better Business Bureau rates companies according to trustworthiness, customer service, and ethical business practices. The organization also provides an avenue for customers to file complaints and express their opinions (33) .

Meanwhile, the US Hemp Authority also helps customers determine which brands have ethical business practices. The agency audits CBD brands and companies.

The companies applying for the US Hemp Authority stamp are briefed regarding quality management systems, federal regulations, current good manufacturing practices, and ISO standards.

CBD companies that want to obtain the US Hemp Authority seal of approval should pass audits on their business practices, product quality, and truthful labeling (34) .

Where to Buy the Best CBD Products Legally

Due to the state’s compliance with FDA regulations, it is recommended that consumers opt for CBD products not intended for eating or drinking (35) .

Consumers may choose CBD tinctures, CBD oils, CBD topicals, and CBD vape pens.

CBD tinctures may be consumed sublingually (under the tongue), while CBD oils and lotions may be applied topically. CBD may also be inhaled using vape pens and vape oils.

Individuals may find CBD oil in local CBD shops, vape shops , and wellness stores in Las Cruces , Rio Rancho, Albuquerque, and other major cities.

Shoppers who live in areas where CBD is unavailable may order from the brand’s official website or online retailers based in New Mexico.

Shoppers may also refer to CBD review websites to find CBD products with good ratings.

When shopping for CBD products , consumers must make sure the products come from state-approved manufacturers.

According to the New Mexico Environment Department, the following CBD manufacturers are r egulation-compliant and state-approved (36) :

Facility Name City
AuraVir Albuquerque
Aromaland Albuquerque
Bryan’s Green Care Hobbs
CBDJay Manufacture Lab Santa Fe
Chilmark Labs, Inc. Albuquerque
Eagle Moon Hemp Deming
Elevated HC, LLC Albuquerque
Ex4Hemp Deming
Family Hemp Brands Santa Fe
FarmCo Albuquerque
Fathom NM Albuquerque
Hemp Factory Albuquerque
High Grade Hemp Santa Fe
Medinatura Inc. Albuquerque
Mountaintop Wellness Albuquerque
PennEz Alamogordo
Rezolex LTD. Co. Radium Springs
Replenish Wellness Albuquerque
RGHC Packaging and Distribution Albuquerque
Sacred Wellness Santa Fe
Sandia Botanicals Albuquerque
Three Hundred and Sixty Ventures LLC Albuquerque
The Burning Bush Albuquerque
Ultra Health Bernalillo
Verve Botanicals, LLC Moriarty

What Is CBD Oil?

CBD oil is a product that contains phytocannabinoids, with CBD being the primary ingredient. Phytocannabinoids are compounds found in hemp and marijuana.

Full-spectrum CBD oil contains all the cannabinoids , terpenes, flavonoids, and minerals found in hemp plants .

The high concentration of these compounds produces a synergy called the “entourage effect,” maximizing the health benefits of hemp (37) .

Broad-spectrum CBD oil has a CBD content blended with other cannabinoids , except for THC . Lastly, CBD isolate, containing pure CBD, is recommended for individuals who want to take CBD as a monotherapy.

Manufacturers develop CBD products by extracting the compounds using various methods. Some methods may involve solvents , carbon dioxide (CO 2 ), pressure, or heat.

The hemp extracts are suspended in carrier oils, such as hemp oil or medium-chain triglycerides (MCT) oil , infused into vape oils, or mixed in topical products.

What is the Difference between CBD and THC?

CBD is abundant in hemp plants. Hemp contains 0.3 percent THC or less, which makes it non-psychoactive.

Meanwhile, the higher THC concentration in marijuana plants produces psychoactive effects.

How Does CBD Work?

CBD works by interacting with the endocannabinoid system (ECS), a cell-signaling system consisting of cannabinoid receptors. These receptors influence internal processes in the body and maintain homeostasis.

The effects of CBD in the ECS have been studied and evaluated for many years. Scientists hypothesized that CBD might influence ECS receptors and produce anti-inflammatory and anxiolytic (anti-anxiety) responses (38) .

Currently, scientists are also analyzing how the potential benefits of CBD may be applied to various medical conditions .

Studies have also found that CBD may help with several health issues, such as chronic pain , epilepsy , anxiety, insomnia, and arthritis (39) .

How Does One Read Product Labels?

It is recommended that one conducts a brief evaluation before buying a CBD product . Depending on the preference and health issues, individuals may choose products according to the type of oil, concentration, and forms.

First-time CBD users must opt for products with lower concentrations. Meanwhile, individuals who want to take all the benefits from cannabinoids may opt for full-spectrum CBD oil .

Lastly, consumers must always check if the product has an updated COA. Some brands provide quick response (QR) codes, barcodes, or website links on the label.

The COA must contain batch code or ID code, extraction method, and date of testing.

When evaluating CBD products , consumers must consider the following:

  • Type of CBD oil ( full-spectrum , broad-spectrum, CBD isolate)
  • Concentration (milligrams per serving)
  • Batch code / ID code
  • Barcode, QR code, or URL link leading to COA
  • Manufacture and expiry date
  • Manufacturer or company (must be licensed in New Mexico )


Consumers must be knowledgeable about local regulations before they buy or use CBD products . In New Mexico , local state laws allow residents and visitors to possess hemp-derived CBD products containing less than 0.3%.

Legalized hemp-derived CBD products are developed by licensed manufacturers, compliant with state regulations and laws.

Under New Mexico’s medical marijuana program, residents with a qualifying medical condition may possess up to eight ounces of medical marijuana.

However, the latest legislation limits the issuance of medical marijuana cards to residents.

Although limiting CBD products to local manufacturers provides consumers with only a few brand options, state laws are imposed to protect people from untested CBD products .

Despite strict state regulations, consumers must remain vigilant and conduct their evaluations to know whether the product is safe, legal, and contains good quality CBD oil .

For more information on CBD’s legality in all 50 US states, click here.

*The information shared in this article was based on findings retrieved on November 10, 2020. Hemp and CBD laws in the state may change without notice.

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