Is Smokable Cbd Legal Where I Live?

Is Smokable Cbd Legal Where I Live?

Smokable hemp has been legal in Colorado for the better part of a decade, but is smokable CBD legal where I live? In this three minute read we tackle the question, help you find out where it is and where it isn't legal to smoke CBD hemp.


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.


A lot of people want to buy CBD hemp smokables and they're currently growing in popularity, but some are still unaware of the laws about the legality of smoking CBD hemp.


In this weeks blog we find out which states in the united states of America is it legal to smoke CBD hemp and why.


Lets 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 CBD-based products in oils, tinctures and yes smokables.


CBD is a type of cannabinoid, which is a chemical compound found in the cannabis plant is known to have a variety of health benefits, such as pain relief, 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 undergoing a change in course. In some places, the alternative is illegal, but in other places, the alternative is legal. With the pushback against the legality of CBD is a marijuana derivative that is completely legal in most states and has become extremely popular as a supplement.


Smokable hemp is legal in a handful of states, and a handful of states make it illegal. For example: smokable hemp has been legal in Colorado for the better part of a decade. 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 a handful of states, including Idaho, Iowa, Kentucky and Massachusetts. Other states, such as Colorado and Vermont, place no restrictions on smokable hemp. And then there are states that experienced fresh legislative and legal attention since 2021.


In recent months, states like Maine and Tennessee have started to take a fresh look at 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 inconsistency can make it challenging.


List Of States Where Hemp Is Illegal

There are a few states across the United States that have legal restrictions on smokable hemp as a result a lot of states are getting sued due to their smokable hemp ban which is putting 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 which was 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 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 there was a temporary injunction made by Judge Livingston in 2021 where hemp flower is legal again. Is it legal, 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 holder), 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 Florida it is illegal to smoke any type of cannabis product (including hemp and medical marijuana) in public spaces, 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 important 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 is legal, for now.


* 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 not a full 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.



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 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 important to know your state's laws on the matter. If you're not up to speed on the legality of smokable CBD, or wish to clear up any doubts you have about the legality of smokable CBD, this blog post should provide you with enough information to make an informed decision.


Smokable hemp is legal in a handful of states, and a handful of states make it illegal. That inconsistency can make it challenging. With a little effort, you can learn the hemp laws in your state and make the best decision for your life.


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 that 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 that doesn't has any restrictions on smokable CBD, please visit our store for a full line of clean CBD hemp smokables.


-Orange Fuzz 

Smokable Hemp Cigarettes