CBD laws, state by state

With a patchwork of laws and regulations governing CBD products such as CBD vapes (also known as CBD pens), it can be difficult to figure out what’s legal where. We’ve outlined the current situation, what makes it so confusing, and how it might evolve.

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 the industrial hemp used in the production of CBD distillate for whisl CBD vapes is grown and sourced 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 approval of products that contain CBD. This includes CBD confections, softgels, oils, beverages, and topicals, as well as CBD vapes.

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

State regulations and restrictions regarding CBD can be dizzyingly specific. For example, Utah only permits CBD gummies that are cube-shaped. Hawaii does not allow CBD gummies at all, but it does allow CBD softgels and tinctures. And many states allow CBD topicals, while restricting edible CBD products. 

In general, though, states allow or prohibit the sales of CBD based on the format of the product. Some states also have laws and regulations specific to vapes.

Our Find a Seller feature will help you determine if and where you can purchase whisl products based on your location.

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

We at whisl track 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.