U.S. States Where CBD Is Still Illegal (*September 2021): 

• • Idaho

  • Iowa

  • Nebraska

  • North Dakota.

  • 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.

*Source: Buscher Law Firm. Experts in cannabis, hemp and CBD. 

https://is.gd/tZlOSx

3. States Where CBD Edibles (gummies, candies, chewable foods) Are Banned (*September 2021).

• • Maine

  • New York

  • North Carolina

  • Ohio

4. Your shopping cart drop down selection menu should restrict the sale of any hemp/CBD products to those relevant states. Furthermore, your website footer page or shopping cart should contain a statement information prospective customers that you do not sell to nor ship to certain states.

Other Restrictions and Prohibitions (Septembe 2021).

• Indiana Prohibited: Smokable CBD flower.
• Kentucky Prohibited: Hemp cigarettes; hemp cigars; chew, dip, smokeless material consisting of hemp leaf material or hemp floral material; and hemp leaf material or floral material teas.
• New Hampshire: Guideline issued by the New Hampshire Liquor Commission in 2018 and revised in June 2019 states that Hemp-CBD may not be added to foods or alcohol products in New Hampshire.
• Texas: The sale and marketing of Hemp CBD foods and cosmetics is allowed so long as these products meet specific testing and labeling requirements. However, the definition of “consumable hemp product” does not include smokeable products. HB 1325 expressly prohibits the processing and manufacture of products “containing hemp for
  smoking.” “Smoking” is defined as “burning or igniting a substance and inhaling the smoke or heating a substance and inhaling the resulting vapor or aerosol.”
• Vermont: CBD cannot be combined with meat or dairy; maple syrup has its own rules.

Website Compliance Checklist

• Cannot sell or ship to states where CBD is banned/illegal
• Cannot sell or ship CBD-infused foods or beverages, including gummies, to states that have banned CBD edibles
• Cannot label or market a product as a dietary supplement
• Cannot use the following terms in describing a product: “prevent”, “diagnose”, “mitigate”, “treat”, or “cure”
• Testimonials may not use the terms above
• Customer Service Contact must be clearly displayed
• Refund Policy must be clearly displayed
• Customer must opt-in for recurring / subscription orders; opt-out is not ok
• Privacy Policy must be clearly displayed