CBD Beverages: Are They Legal

With different laws and regulations around CBD products, it can be difficult to figure out what’s legal where. We’ve broken it down for you to hopefully make it less confusing.

CBD, or cannabidiol, is one of about 100 active compounds found in hemp. Unlike the more well-known cannabinoid THC, CBD does not cause intoxicating or euphoric effects.

From 1938–2018, with only a few exceptions, hemp was illegal to grow, possess, or use for research in the US. In 2018, revisions to the Farm Bill legalized the growth of so-called industrial hemp, which contains less than 0.3 percent—what can be called trace amounts—of THC. (All of Canopy Growth’s industrial hemp is grown and sourced right here in the US, in states including Oregon, California, New York, and Pennsylvania.)

The Farm Bill also federally legalized hemp-derived CBD; however the US Food and Drug Administration (FDA) has not yet created a regulatory pathway for companies to submit products that contain CBD for approval. 

In the absence of that federal regulatory pathway, CBD producers and consumers must rely on the state-level regulations to guide manufacturing, sales, distribution, delivery, and other practices.

In general, states allow or prohibit the sales of CBD based on the format of the product.

For the most up-to-date regulations by state, please consult our Shipping Policy.

The regulatory environment is constantly evolving, and laws change frequently. We recommend you check back to Shop Canopy regularly—if your favorite products are not currently available in your state, they may become available in the future.

Canopy Growth tracks state regulations closely to ensure our products are compliant, and to make sure we’re always serving our customers’ best interests. We’re also working actively with state and federal officials to develop a consistent set of rules to protect CBD consumers nationwide. If you’d like to advocate for CBD availability in your state, you can find your local legislator here.