Is Smokable CBD Legal Where I Live?

Is Smokable CBD Legal Where I Live?

Smokable hemp has been legal in Colorado for about a decade, but is smokable CBD legal where I live? 


In this three-minute read, we tackle the question and help you find out where CBD hemp is and where it isn't legal to smoke.


With the rising popularity of CBD, there has been a demand for CBD-based products, and if you are a smoker and want to quit but just don't know where to start, there is a good chance that you have heard about CBD hemp smokables.

Many people want to buy CBD hemp smokables, which are currently growing in popularity, but some are still unaware of the laws about the legality of smoking CBD hemp.

In this week's blog, we find out which states in the united states of America are legal to smoke CBD hemp and why.

Let's begin.


Smokable CBD

 CBD has become a popular and widely-used ingredient in products these days. With the rising popularity of CBD, there has been a demand for the following:

  • CBD-based products in oils, 
  • tinctures, 
  • & yes, smokables! 

CBD is a type of cannabinoid, a chemical compound found in the cannabis plant known to have a variety of health promoting benefits, such as;

  • anti-inflammatory properties, 
  • and even anti-anxiety properties. 

In foods, CBD can be found in:

  •  coffee, 
  • chocolate, 
  • and even wine, 


And you don't have to worry about the CBD content in your food products because the FDA has approved hemp-based CBD as a food additive.

However, the pushback against the legality of smokable CBD is changing course.

In some places, smoking CBD is illegal, but in other areas, smoking CBD is legal. With the pushback against the legality of CBD is a cannabis derivative that is entirely legal in most states and has become extremely popular as a supplement.

Smokable hemp is legal in a handful of states, and some make it illegal. For example, smokable hemp has been legal in Colorado for about ten years.
The Governor in that state signed a bill into law in 2013 that made the plant legal.

But what about other states where smokable hemp is illegal?

Smokable hemp is illegal in many states, including 

  • Idaho, 
  • Iowa, 
  • Kentucky, 
  • & Massachusetts

Other states, such as Colorado and Vermont, place no restrictions on smokable hemp. And then some states have experienced fresh legislative and legal attention since 2021.

In recent months, states like Maine and Tennessee have started to take a fresh look at the legalization of smokable hemp.

What's more, other states may follow suit, meaning that smokable hemp could be left up to the discretion of individual states, but this lack of consistency can make it challenging.


List Of States Where Hemp Is Illegal

A few states across the United States have legal restrictions on smokable hemp as a result.
Many states are getting sued due to their smokable hemp ban, which puts legalities in limbo...

Here is a list of where smokable hemp products are illegal...for now:


CBD product possession (not sale) where legalities may vary.


  • Kansas: No products intended for human consumption: vape carts, flower, cigarettes, teas, etc. Extremely restrictive law. Industrial uses only.


  • Washington D.C.: D.C. classifies all extracts from cannabis as hashish, a term not included in the legalization initiatives. This means CBD possession could be charged as possession of hashish, which would have serious consequences, including significant jail time.


  • Hawaii (no to smokables)


  • Iowa (no to smokables)


  • Louisiana: Louisiana Gov. John Bel Edwards (D) signed a bill into law on June 17th, 2020, containing regulations for the state's industrial hemp and CBD industry. The bill, ACT 344/HB 843, includes language that bans all smokable hemp products except for rolling papers.


  • North Carolina: North Carolina officials agreed to prohibit smokable hemp production and use as of May 2020. Other CBD products will remain legal, but smokable hemp will be off limits due to identification problems it causes law enforcement.


  • Texas: 'Up in the air.' Texas signed a bill that made the cultivation of hemp and the production, sale, and use of hemp products (such as CBD) legal. Smokable hemp, not so much. That same bill strictly prohibits the growth and use of hemp for smoking purposes, but Judge Livingston made a temporary injunction in 2021 that hemp flower is legal again. Is it legal, or is it not? It's up in the air.


  • Kentucky: The law in Kentucky is worded as such that as CBD consumers (and non-license holders), you're not allowed to possess hemp flower itself, only post-production CBD extracts.


  • California: In 2021, Gov. Newsom essentially banned smokable hemp flower in the state of California when he passed a bill putting extreme pressure on CA hemp farms and retailers. The bill puts smokable hemp flower under the same framework as cannabis.


  • Utah: In Utah, it's legal to possess hemp but not to smoke, distribute, or market it.


  • Florida: In some parts of Floridasmoking any cannabis product (including hemp and medical cannabis) in public spaces is illegal, but it's fine in your own home.


  • Kansas: The Kansas hemp program specifically prohibits the sale of hemp to anyone that doesn't hold a hemp license.


Not only does every one of these states have different rules, but quite often, the wording can be confusing or misleading, so it's essential to check with your local authorities if you're concerned.


Hemp CBD Product Possession is Legal

Here is a list of where smokable hemp products are legal:


  • Oklahoma
  • Oregon
  • Tennessee
  • South Carolina
  • Virginia
  • Vermont
  • Washington
  • West Virginia
  • Wyoming
  • Michigan
  • Minnesota
  • Missouri
  • Nebraska
  • Nevada
  • New Jersey
  • New Mexico
  • North Dakota
  • Ohio
  • Alabama (according to AG)
  • Alaska
  • Colorado
  • Connecticut
  • Florida
  • Georgia
  • Illinois
  • Indiana
  • Maine
  • Maryland

As you know, this is a partial list, and this list can always change.
It's always best to consult your local authorities for a more up-to-date and current list.

Final Fuzz Findings:

Many people are interested in the legality surrounding smokable hemp. The information provided in this article is intended to make it easy to understand the potential pitfalls of smokable hemp within your state. There is no defined state-by-state breakdown of smokable hemp legality. We recommend checking with a local attorney or law enforcement agency for more information. 


As of this writing, the legality of smokable CBD remains uncertain in a handful of states--it's essential to know your state's laws on the matter. 


Suppose you:

  • need to get up to speed on the legality of smokable CBD 
  • or wish to clear up any doubts about the legitimacy of smokable CBD. 


In that case, this blog post should provide you with enough information to make an informed decision.


Smokable hemp is legal in a handful of states, and some make it illegal. 

That inconsistency can make it challenging. 

But with some help, you can learn the hemp laws in your state and make the best decision.


We hope you enjoyed our blog post on the legality of smokable CBD. 


Smokable hemp is legal in states such as Colorado and Vermont but is illegal in states including Idaho, Iowa, Kentucky, and Massachusetts. 


We hope you found this blog post on the legality of smokable CBD helpful! 

If you have any questions about this, please feel free to reach out.


If you are in a state with no restrictions on smokable CBD, please visit our store for a full line of clean CBD hemp smokables.


-Orange Fuzz 
Smokable Hemp Cigarettes