Thankfully, sales tax on Cannabidiol (CBD) is pretty straightforward. Most states allow you to sell CBD products as long as they are properly labeled and meet other requirements (like being extracted from hemp sources with less than 0.3% THC of dry weight). Pay particular attention to Lousiana which has a 3% excise tax on cannabidiol.
Yes, CBD is outright illegal in some states. Some states, like Alabama, don’t allow the sale of CBD, whether or not it is derived from hemp or not. This doesn’t seem to stop retailers from selling their products illegally, though. If you are selling CBD products into states where it is not legal, tread with caution.
Be careful if your CBD is meant to be consumed. You should also pay special attention to state laws if you are selling CBD that is intended for human consumption. Many states, like Washington, are very clear that CBD can’t be sold as food, food ingredients, or dietary supplements. Good luck explaining that your cinnamon-flavored CBD is for “topical use only”!
Warning: This page might not apply for CBD derived from marijuana sources. If you are selling CBD that is derived from marijuana sources (typically meaning it has more than 0.3% dry weight TH) then additional marijuana excise taxes will likely apply. The product might also not be legal depending on the particular state.
Need help with CBD sales tax? We’re the experts. If you want to ensure your CBD company is compliant with sales tax, consider scheduling a free initial consultation with us by clicking here. We’d love to chat about your business and how we can help you grow without having to worry about complex government rules.
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Does Alabama require sales tax on Cannabidiol (CBD)?
❌ It is generally not legal to buy or sell cannabidiol (CBD) in the state of Alabama.
Why does Alabama not require sales tax on Cannabidiol (CBD)?
Selling, delivering, or distributing CBD—other than the FDA-approved prescription drug Epidiolex—is illegal under Alabama law. To be clear, all CBD— whether above or below 3% THC—is illegal under Alabama law, except for the prescription drug Epidiolex. There are two very narrow legal defenses (Carly’s Law and Leni’s Law) that can be used by epileptic patients and their family members, however, a doctor’s prescription is required.
Where can you go to learn more?
Alabama Attorney General, Steve Marshall, has provided guidance on the legality of CBD in this public notice.
Does Arkansas require sales tax on Cannabidiol (CBD)?
✅ Cannabidiol (CBD) is subject to Arkansas sales and use tax since it is generally legal to buy, sell, and possess.
Why does Arkansas require sales tax on Cannabidiol (CBD)?
It is generally legal to buy, sell, and possess Cannabidiol in Arkansas so long as the cannabidiol (CBD) does not contain more than 0.3% of tetrahydrocannabinol (THC) on a dry weight basis as verified by a nationally accredited laboratory for quality, purity, and accuracy standards; and it is not approved by the United States Food and Drug Administration (FDA) for marketing as a medication.
Where can you go to learn more?
Arkansas Bill HB1518 legalized the sale of CBD in the state.
Does Arizona require sales tax on Cannabidiol (CBD)?
✅ Cannabidiol (CBD) is subject to Arizona sales and use tax (TPT) since it is generally legal to buy, sell, and possess.
Why does Arizona require sales tax on Cannabidiol (CBD)?
It is generally legal to buy, sell, and possess Cannabidiol in Arizona so long as it is under 0.3% THC content. You do not need a license issued by the Department of Agriculture if you are selling, manufacturing, or marketing any post-processed hemp materials.
Where can you go to learn more?
You can learn more about Arizona’s industrial hemp program on their website and their FAQ page which confirms that CBD is legal in Arizona.
Does California require sales tax on Cannabidiol (CBD)?
✅ Cannabidiol (CBD) is subject to California sales and use tax since it is generally legal to buy, sell, and possess. If it is made from the cannabis plant (and non-industrial hemp) it is subject to California’s cannabis excise tax.
Why does California require sales tax on Cannabidiol (CBD)?
Cannabidiol (CBD) is legal in California and is subject to California’s sales and use tax. It is not subject to additional cannabis excise taxes unless it was manufactured from a plant that is deemed as “cannabis”. Industrial hemp plants do not fall under the definition of Cannabis in California. In general, CBD products made from industrial hemp are not subject to the cannabis excise tax (but are subject to sales and use tax). The California Department of Food and Agriculture (CDFA) regulates the industrial hemp industry.
Where can you go to learn more?
California’s Cannabis Tax Facts clarifies that CBD products containing “cannabis” are subject to the cannabis excise tax. California’s BPC 260001(f) specifies that industrial hemp does not fall under the definition of cannabis. California’s L-729 specifies that donated cannabis is not subject to certain taxes.
Does Colorado require sales tax on Cannabidiol (CBD)?
✅ Cannabidiol (CBD) is subject to Colorado sales and use tax since it is generally legal to buy, sell, and possess. Colorado also imposes the retail marijuana sales tax on CBD products that are derived from non-hemp marijuana.
Why does Colorado require sales tax on Cannabidiol (CBD)?
Cannabidiol (CBD) is subject to Colorado sales and use tax since it is generally legal to buy, sell, and possess. If it is extracted from cannabis (and not industrial hemp) it could be subject to additional excise taxes in Colorado. Additional fees for home-rule cities may apply. Effective June 7th, 2023, Colorado imposes the retail marijuana sales tax on CBD products that are derived from non-hemp marijuana due to revisions of L. 2023, S271 (c. 444).
Where can you go to learn more?
Title 35 Article 61 of the Colorado Revised Statutes clarifies that industrial hemp does not fall under the definition of cannabis. Industrial hemp is defined as having no more than 0.3% THC on a dry-weight basis.
Does Connecticut require sales tax on Cannabidiol (CBD)?
✅ Cannabidiol (CBD) is subject to Connecticut’s sales and use tax since it is generally legal to buy, sell, and possess.
Why does Connecticut require sales tax on Cannabidiol (CBD)?
In Connecticut, it is generally legal to sell Cannabidiol (CBD) containing products without a license as long as you are not processing or manufacturing the hemp. Legally obtained hemp and CBD products may be sold at retail without a license. CBD derived from marijuana, with a THC concentration of over 0.3% THC on a dry weight basis, is considered a schedule II controlled substance under Connecticut law.
Where can you go to learn more?
Check out Connecticut’s Hemp Manufacturing FAQ for more information.
Does Florida require sales tax on Cannabidiol (CBD)?
✅ Cannabidiol is subject to Florida’s sales and use tax since it is generally legal to buy, sell, and possess.
Why does Florida require sales tax on Cannabidiol (CBD)?
The sale of CBD is generally legal in Florida and subject to sales tax as long as the THC concentration does not exceed 0.3% THC on a dry weight basis. Before hemp extract can be sold, it must be analyzed and certified by an independent testing lab to confirm that the concentrations do not exceed 0.3%. It is unclear if CBD included within a dietary supplement would be considered exempt from sales tax, and a specific letter ruling is advised.
Where can you go to learn more?
Florida Senate Bill 1020 specifically legalizes CBD hemp extracts so long as the THC content does not exceed 0.3% THC on a dry weight basis.
Does Georgia require sales tax on Cannabidiol (CBD)?
✅ Cannabidiol is subject to Georgia’s sales and use tax since it is generally legal to buy, sell, and possess.
Why does Georgia require sales tax on Cannabidiol (CBD)?
The sale of CBD is generally legal and subject to sales tax in Georgia as long as the THC concentration does not exceed 0.3% THC on a dry weight basis. Before hemp extract can be sold, it must be analyzed and certified by an independent testing lab to confirm that the concentrations do not exceed 0.3%. It is not legal to include CBD as a food or drink ingredient in Georgia. Keep in mind that Georgia greats “low THC oil” (with up to 5% THC) differently than CBD extracts, and a separate license is required to purchase/sell “low THC oil”.
Where can you go to learn more?
Georgia House Bill 213 legalized the sale of hemp extracts so long as the THC content does not exceed 0.3% THC on a dry-weight basis.
Does Hawaii require sales tax on Cannabidiol (CBD)?
✅ The sale of CBD is generally legal and subject to Hawaii’s gross receipts tax (sales tax) as long as the THC concentration does not exceed 0.3% THC on a dry weight.
Why does Hawaii require sales tax on Cannabidiol (CBD)?
The sale of CBD products in Hawaii is generally legal with certain restrictions. First, the CBD must be extracted from hemp that does not exceed 0.3% THC on a dry weight basis. Second, the CBD cannot be added to food, beverages, or cosmetics, and may not be sold as a “dietary supplement”. Hawaii also states that CBD may not be marketed by asserting health claims as it would constitute prohibited misbranding or false advertising.
Where can you go to learn more?
The Hawaii Health Department has released an FAQ on CBD.
Does Iowa require sales tax on Cannabidiol (CBD)?
❌ It is generally not legal to buy or sell Cannabidiol (CBD) recreationally in Iowa.
Why does Iowa not require sales tax on Cannabidiol (CBD)?
The recreational sale of Cannabidiol (CBD) in Iowa is not currently legal. If the Iowa Hemp Act passes at a future date, CBD with less than 0.3% THC could become legal. The Iowa Department of Public Health currently regulates CBD.
Where can you go to learn more?
The Iowa Department of Public Health released a position statement on the legality of CBD products here. A list of retailers who can legally sell medical CBD products is listed legally sell medical CBD products is listed here.
Does Idaho require sales tax on Cannabidiol (CBD)?
✅ Cannabidiol (CBD) is generally legal in Idaho and subject to sales tax if it contains NO THC and is derived from one of the five identified parts of the cannabis plant.
Why does Idaho require sales tax on Cannabidiol (CBD)?
Cannabidiol (CBD) is only legal in Idaho if it meets two requirements: (1) it contains no THC and (2) it must be derived or produced from “(a) mature stalks of the plant, (b) fiber produced from the stalks, (c) oil or cake made from the seeds or the achene of such plant, (d) any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, or (e) the sterilized seed of such plant which is incapable of germination”. In other words, the CBD must both contain zero THC and be derived from one of the five identified parts of the cannabis plant, otherwise, it is illegal in Idaho under current law.
Where can you go to learn more?
You can learn more on the Idaho Office of Drug Policy CBD webpage.
Does Illinois require sales tax on Cannabidiol (CBD)?
✅ Cannabidiol (CBD) is subject to Illinois sales and use tax since it is generally legal to buy, sell, and possess.
Why does Illinois require sales tax on Cannabidiol (CBD)?
According to the Illinois Industrial Hemp Act, Cannabidiol (CBD) is generally legal as long as it does not contain more than 0.3% THC “on a dry weight basis that has been cultivated under a license issued under the Act or is otherwise lawfully present in this State, and includes any intermediate or finished product made or derived from industrial hemp”. The Act also states that the department “shall permit the sale or transfer of stripped stalks, fiber, dried roots, nonviable seeds, seed oils, floral and plant extracts (excluding THC in excess of 0.3%) and other marketable hemp products to members of the general public, both within and outside the State of Illinois.”
Where can you go to learn more?
For more information on the legality of Cannabidiol in Illinois, see the Industrial Hemp Act.
Does Indiana require sales tax on Cannabidiol (CBD)?
✅ Cannabidiol (CBD) is subject to Indiana sales and use tax since it is generally legal to buy, sell, and possess.
Why does Indiana require sales tax on Cannabidiol (CBD)?
Cannabidiol (CBD) is generally legal in Indiana so long as it meets certain requirements. These requirements include:
Where can you go to learn more?
Indiana’s CBD packaging requirements can be found in IC § 24-4-21-4. Indiana Senate Enrolled Act No. 52 defines the legality of industrial hemp extracts in Indiana.
Does Kansas require sales tax on Cannabidiol (CBD)?
✅ Cannabidiol (CBD) is subject to Kansas sales and use tax since it is generally legal to buy, sell, and possess as long as it does not contain any THC.
Why does Kansas require sales tax on Cannabidiol (CBD)?
Cannabidiol (CBD) is subject to Kansas sales and use tax since it is generally legal to buy, sell, and possess as long as it does not contain any THC. Cannabidiol (CBD) extracts that contain any THC are not currently legal within Kansas. Businesses that sell Cannabidiol (CBD) extracts may be required to have a valid license from the Kansas Department of Agriculture. Kansas does not allow the manufacturing, marketing, or sale of CBD products that are intended for human or animal consumption.
Where can you go to learn more?
Kansas bill SB 282 amended the definition of Marijuana to exclude Cannabidiol (CBD) from its definition. Kansas bill HB 2167 specifies that products marketed or sold for human consumption (and other purposes) are not legal in Kansas.
Does Kentucky require sales tax on Cannabidiol (CBD)?
✅ Cannabidiol (CBD) is subject to Kentucky sales and use tax since it is generally legal to buy, sell, and possess.
Why does Kentucky require sales tax on Cannabidiol (CBD)?
Cannabidiol (CBD) is generally legal within Kentucky as long as it is extracted from industrial hemp. Kentucky defines industrial hemp as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis”.
Kentucky prohibits some CBD products including hemp cigarettes, hemp cigars, chew, dip, or other smokeless material consisting of hemp leaf material, hemp leaf material or floral material teas, whole hemp buds, ground hemp floral material, ground hemp leaf material, and any hemp product with THC concentrations above 0.3%. Basically, Kentucky doesn’t want you smoking any CBD (what a buzz kill). Kentucky should not require a license to sell CBD within Kentucky as long as the product fits within the definition of “publicly marketable hemp products”. Kentucky states that products that meet one or more of the following are considered “publicly marketable hemp products”
Where can you go to learn more?
Kentucky 218A.010 (27) excludes extracts of Cannabidiol from industrial hemp plants from its definition of Marijuana. Kentucky 260.850 sets forth the definition of industrial hemp. Kentucky 302 KAR 50:030 defines “publicly marketable hemp products”. Prohibited products can be found in Chapter 50 Industrial Hemp 070 Prohibited Products.
Does Louisiana require sales tax on Cannabidiol (CBD)?
✅ Cannabidiol (CBD) and consumable hemp products are subject to Louisiana sales and use tax as well as a 3% excise tax.
Why does Louisiana require sales tax on Cannabidiol (CBD)?
Louisiana charges sales tax on Cannabidiol (CBD) as well as a 3% excise tax. Louisiana’s CBD excise tax is reported on Form R-5024i. Louisiana states that any CBD product that is manufactured, distributed, imported, or sold for use in Louisiana shall:
The following products are not able to be sold in Lousiana:
Where can you go to learn more?
Louisiana Act Number 164 defines “industrial hemp” and “Industrial hemp-derived CBD products”, outlines what products are/are not allowed to be sold, and the requirements in order to manufacture, distribute, import, or sell CBD in Louisiana. Louisiana HB 138 removes hemp from the state’s definition of Marijuana.
UPDATE: Effective August 1st, 2021 the “industrial hemp-derived CBD tax” was renamed the “hemp product tax”. A “consumable hemp product” means any product that is derived from industrial hemp that contains any cannabinoid and is intended for consumption or topical use. This is reflected in L. 2021, H640 (Act 336).
Are you still hanging in there? We aren’t done yet! There is still more information on which states require sales tax on Cannabidiol (CBD). Remember, you can just follow the links at the top of the post to jump close to the information regarding any states.
Does Massachusetts require sales tax on Cannabidiol (CBD)?
✅ Cannabidiol (CBD) is subject to Massachusetts sales and use tax since it is generally legal to buy, sell, and possess.
Why does Massachusetts require sales tax on Cannabidiol (CBD)?
Cannabidiol (CBD) is subject to Massachusetts sales and use tax since it is generally legal to buy, sell, and possess. Massachusetts is very lax in its regulation of retail sales of CBD products.
Massachusetts states that the following hemp products are allowed to be sold:
Massachusetts states that the following hemp products are NOT allowed to be sold:
Where can you go to learn more?
You can learn more about how Massachusetts handles Cannabidiol (CBD) on the FAQs: Sale of Hemp-Derived Products in the Commonwealth page.
Does Maryland require sales tax on Cannabidiol (CBD)?
✅ Cannabidiol (CBD) is subject to Maryland sales and use tax since it is generally legal to buy, sell, and possess.
Why does Maryland require sales tax on Cannabidiol (CBD)?
Cannabidiol (CBD) is subject to Maryland sales and use tax since it is generally legal to buy, sell, and possess as long as it is extracted from material that has less than 0.3% THC on a dry-weight basis. Maryland has stated that any food or dietary supplement products containing CBD are not legal.
Where can you go to learn more?
Maryland House Bill 803 updated the definition of marijuana to exclude industrial hemp.
Does Maine require sales tax on Cannabidiol (CBD)?
✅ Cannabidiol (CBD) is subject to Maine sales and use tax since it is generally legal to buy, sell, and possess.
Why does Maine require sales tax on Cannabidiol (CBD)?
Maine is one of the more “CBD-friendly” states around since not only are CBD oils legal, but so are foods containing CBD. Hemp-derived Cannabidiol products (CBD) are legal so long as it is derived from industrial hemp which is defined as hemp which does not contain more than 0.3% THC on a dry-weight basis.
Where can you go to learn more?
Maine S.P. 585 defines industrial hemp and industrial hemp products. Maine H.P. 459 – L.D. 630 specifies that foods containing hemp-derived Cannabidiol are not considered “adulterated” (and therefore generally legal).
Does Michigan require sales tax on Cannabidiol (CBD)?
✅ Cannabidiol (CBD) is subject to Michigan sales and use tax since it is generally legal to buy, sell, and possess.
Why does Michigan require sales tax on Cannabidiol (CBD)?
The sale of CBD products in Michigan is generally legal with certain restrictions. First, the CBD must be extracted from industrial hemp that does not exceed 0.3% THC on a dry weight basis. Second, the CBD cannot be added to food, beverages, or cosmetics, and may not be sold as a “dietary supplement”.
Where can you go to learn more?
House Bill 6330 generally legalized industrial hemp and its extracts. You can find more information on how CBD is treated in Michigan on this page.
Does Minnesota require sales tax on Cannabidiol (CBD)?
✅ Cannabidiol (CBD) products are generally subject to Minnesota sales and use tax as well as Minnesota's 10% Cannabis Tax. Topical CBD products generally are not subject to the tax.
Why does Minnesota require sales tax on Cannabidiol (CBD)?
As of July 1, 2023, Minnesota has introduced a new regulation regarding the sale of edible cannabinoid products. While currently legal to sell, these products will be subject to the newly implemented 10% Cannabis Tax. This means that in addition to the Cannabis Tax, edible cannabinoid products will also be subject to the standard 6.875% state general rate sales tax, as well as any applicable local sales taxes based on the location of the transaction.
According to Minnesota's definition, Taxable Cannabis Products means cannabis flower, cannabis product, cannabis solution product, hemp-derived consumer product, lower-potency hemp edible, and any substantially similar item. Hemp-derived consumer product means a product intended for human or animal consumption that does not contain cannabis flower or cannabis concentrate and (1) contains or consists of hemp plant parts or (2) contains hemp concentrate or artificially dervied cannabinoids in combination with other ingredients. More information on definitions and what is included or excluded from the Cannabis Tax can be found in the bill language.
On the other hand, nonintoxicating topical products will not be subject to the 10% Cannabis Tax. However, they will still be subject to the standard 6.875% state general rate sales tax, as well as any applicable local sales taxes based on the location of the transaction.
This new regulation aims to ensure that the sale of these products is properly regulated and taxed, providing a clear framework for businesses and consumers alike. You can learn more on the Minnesota Cannabis Tax Website.
Where can you go to learn more?
Minnesota Chapter 63 details the Minnesota Cannabis Tax, what's included, and what's excluded.
Minnesota Statute 151.72 defines the testing and labeling requirements for Cannabidiol products. On this page, the Minnesota Department of Agriculture clarifies what CBD-containing food products can be sold (hint: not really any). Minnesota’s bill SB-12 is the primary legislation that legalized industrial hemp in the state.
Does Missouri require sales tax on Cannabidiol (CBD)?
⚠️ It is unclear if Cannabidiol (CBD) is generally legal in Missouri, though it is likely subject to sales tax.
Why does Missouri require sales tax on Cannabidiol (CBD)?
It is unclear whether Missouri has legalized industrial hemp extracts that contain CBD. Missouri supposedly legalized industrial hemp and its extracts with House Bill 2034 and states:
“Industrial hemp” includes industrial hemp commodities and products and 219 topical or ingestible animal and consumer products derived from industrial hemp with a 220 delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis.
However, multiple retail locations in Missouri have been raided by police for selling illegal products. The cases were later thrown out by the judge. When it comes to sales tax, the Department of Revenue has taken a “don’t ask, don’t tell” approach. The revenue department has not approved retail sales tax registration applications that specifically indicate stores are selling CBD oil, but “may have issued new sales tax licenses to businesses that made no mention of CBD oil in their sales tax registration application,” spokeswoman Anne Marie Moy said. If you do decide to sell CBD products in Missouri, you should consider getting a license to collect and remit the tax.
Where can you go to learn more?
Missouri House Bill 2034 generally legalized industrial hemp. This article helps explain the ongoing confusion regarding CBD legality within Missouri.
Does Mississippi require sales tax on Cannabidiol (CBD)?
❌ It is generally not legal to buy or sell Cannabidiol (CBD) recreationally in Mississippi.
Why does Mississippi not require sales tax on Cannabidiol (CBD)?
Cannabidiol (CBD) is generally not legal in Mississippi for recreational purposes. CBD may be legal in Mississippi if recommended by a doctor, derived from hemp, contains no more than 0.5% THC, and contains more than 15% Cannabidiol (CBD).CBD is illegal in Mississippi under all other conditions.
Where can you go to learn more?
Under Harper Grace’s Law (HB 1231, 2014), CBD products were legalized for epilepsy or related conditions, as recommended by a licensed physician. SB 2610 defines the amendments to the Mississippi Code of 1972 that regulate the distribution of CBD.
Does Nebraska require sales tax on Cannabidiol (CBD)?
✅ Cannabidiol (CBD) is subject to Nebraska sales and use tax since it is generally legal to buy, sell, and possess.
Why does Nebraska require sales tax on Cannabidiol (CBD)?
The Nebraska Hemp Farming Act, signed into law on May 30, 2019, allows for the cultivation and commercial distribution of hemp-derived cannabidiol (CBD) products, as long as they are tested and approved by the Nebraska Department of Agriculture. CBD that is derived from the marijuana plant is still considered illegal in the state and federally unless it meets the Food and Drug Administration (FDA) requirements such as in prescription formulations.
Where can you go to learn more?
LB 657 (Hemp Farming Act) states that CBD oil derived from a cannabis or hemp plant which contains less than 0.3% THC is a legal substance.
Does Nevada require sales tax on Cannabidiol (CBD)?
✅ Cannabidiol (CBD) is subject to Nevada sales and use tax since it is generally legal to buy, sell, and possess.
Why does Nevada require sales tax on Cannabidiol (CBD)?
Most forms of cannabis are legal in Nevada, including hemp-derived cannabidiol (CBD). It may be manufactured and sold if it complies both with federal law that defines hemp as well as state law governing licensing and production.
Where can you go to learn more?
NV SB2019 requires the Nevada Department of Health and Human Services (DHHS) to develop and impose regulations on testing and labeling hemp products. The bill also restricts products containing hemp-derived CBD intended for human consumption unless they comply with the protocols and procedures regarding testing and labeling.
Does New Jersey require sales tax on Cannabidiol (CBD)?
✅ Cannabidiol (CBD) is subject to New Jersey sales and use tax since it is generally legal to buy, sell, and possess.
Why does New Jersey require sales tax on Cannabidiol (CBD)?
Hemp-derived CBD is legal in New Jersey in all forms, including cosmetics, personal products, and food. NJ A5322 allows the state’s health department to set rules around CBD. All hemp is required to undergo testing for THC levels, and any hemp that tests higher than 0.3% THC must be reported to the producer and the USDA and may be required to be retested.
Where can you go to learn more?
The New Jersey Hemp Farming Act legalized CBD derived from hemp. NJ A1330 requires that CBD contains 0.3% or less of THC.
Does New Mexico require sales tax on Cannabidiol (CBD)?
✅ Cannabidiol (CBD) is subject to New Mexico sales and use tax since it is generally legal to buy, sell, and possess.
Why does New Mexico require sales tax on Cannabidiol (CBD)?
Hemp-derived CBD is legal in New Mexico, while marijuana-derived CBD is permitted for qualifying patients registered with the state’s medical marijuana program. CBD to be used for human consumption must comply with the state’s food safety laws.
Where can you go to learn more?
NM HB581 legalized hemp and began the process of establishing regulations for its production, testing, transportation and processing.
Does New York require sales tax on Cannabidiol (CBD)?
✅ Cannabidiol (CBD) is subject to New York sales and use tax since it is generally legal to buy, sell, and possess. CBD is allowed to be manufactured and sold as a dietary supplement provided it makes no therapeutic claims. Hemp-derived CBD is also legal in New York when sold as a lotion, salve, or balm.
Why does New York require sales tax on Cannabidiol (CBD)?
CBD derived from hemp is legal in New York, but is subject to strict regulations. Only individuals who hold a valid New York State Medical Marijuana Program card can legally access CBD derived from cannabis.
Where can you go to learn more?
NY SB S6184A, also called the Hemp Bill, lists the conditions under which Cannabidiol may be manufactured and sold. One of the more interesting rules enacted is that CBD may be added to beverages, which was previously illegal. The sale of beverages containing 20 milligrams of CBD per 12 ounces is permitted, but only if the hemp extract was grown, extracted, and manufactured in the state of New York. The sale of out-of-state hemp extract intended for human and animal consumption is prohibited unless it meets New York standards and regulations.
Does North Carolina require sales tax on Cannabidiol (CBD)?
❌ It is generally not legal to buy or sell Cannabidiol (CBD) in North Carolina.
Why does North Carolina not require sales tax on Cannabidiol (CBD)?
Under the “North Carolina Epilepsy Alternative Treatment Act.” (HB 766), CBD is legalized only if extracted from hemp, contains less than 0.9% THC, at least 5% cannabidiol, and contains no other psychoactive substances. CBD is only approved for use for “intractable epilepsy” and the patient must be under the care of a neurologist.
Where can you go to learn more?
HB 766 lists the conditions under which Cannabidiol (CBD) may be used in North Carolina.
Does North Dakota require sales tax on Cannabidiol (CBD)?
✅ Cannabidiol (CBD) derived from hemp is subject to North Dakota sales and use tax since it is generally legal to buy, sell, and possess. Cannabidiol (CBD) derived from marijuana can be purchased only at a licensed dispensary by registered medical marijuana patients.
Why does North Dakota require sales tax on Cannabidiol (CBD)?
The North Dakota Senate passed H.B. 1349 in March 2019 in the wake of the 2018 Farm Bill, which re-classified hemp as an agricultural commodity. H.B. 1349 created laws and guidelines for a commercial hemp program in the state. According to the bill, hemp will be regulated by the North Dakota Department of Agriculture. H.B. 1349 defines hemp as containing 0.3% THC or less, which conforms to the federal definition of hemp.
Where can you go to learn more?
H.B. 1349 legalized the commercial production of hemp within North Dakota. H.B. 1113 changed the definition of marijuana to exclude hemp explicitly.
Does Ohio require sales tax on Cannabidiol (CBD)?
✅ Cannabidiol (CBD) is subject to Ohio sales and use tax since it is generally legal to buy, sell, and possess.
Why does Ohio require sales tax on Cannabidiol (CBD)?
Retail stores are allowed to sell CBD products, as long as they are derived from hemp (meaning they contain less than 0.3% THC), and have been properly inspected and tested by the Ohio Department of Agriculture (which will ensure accurate labeling of CBD products).
Where can you go to learn more?
OH SB 57 lists the conditions under which cannabidiol may be sold.
Does Oklahoma require sales tax on Cannabidiol (CBD)?
✅ Cannabidiol (CBD) is subject to Oklahoma sales and use tax since it is generally legal to buy, sell, and possess.
Why does Oklahoma require sales tax on Cannabidiol (CBD)?
Hemp-derived cannabidiol (CBD) products are legal in Oklahoma. In 2018, the Oklahoma legislature created the Oklahoma Agricultural Industrial Hemp Pilot Program, following the passage of the Hemp Farming Act of 2018, which legalized industrial hemp nationwide. The bill set the CBD threshold at less than 0.3% THC.
Oklahoma chose to designate all hemp-derived CBD products as food items and require any retail location selling CBD to be licensed as a food establishment, even if the product is a tincture or oil. Dispensaries and traditional food establishments may only sell pre-packaged CBD products and they can’t allow the consumption onsite.
Where can you go to learn more?
HB 2154 specified that CBD extracted from hemp was exempt from the definition of marijuana so long as it contains less than 0.3% THC. SB 868 establishes licensing requirements for hemp growers and processors.
Does Pennsylvania require sales tax on Cannabidiol (CBD)?
✅ Cannabidiol (CBD) is subject to Pennsylvania sales and use tax since it is generally legal to buy, sell, and possess. However, items containing hemp or CBD may be exempt if they fall within qualifying exemptions such as clothing, food, or dietary supplements.
Why does Pennsylvania require sales tax on Cannabidiol (CBD)?
Pennsylvania lawmakers passed House Bill 967 in 2016, legalizing hemp cultivation and processing, including hemp-derived CBD production. It was one of many states that moved to regulate hemp production as an agricultural commodity in the wake of the 2014 Farm Bill. HB 967 set the standard for hemp at 0.3% or less THC, just like the federal statute. It designated the Pennsylvania Department of Agriculture (PDA) to oversee all hemp-related matters.
Pennsylvania does not require that you charge sales tax on CBD products if they fit within an existing sales tax-exempt category. Examples of product categories that are exempt in Pennsylvania that might apply to CBD products include clothing and shoes, edibles, hemp diapers, inhalers, nasal sprays, oral drops, patches, pills, seed milk, tinctures, superfood supplements, hemp fuel (may be subject to alternative fuel tax), CBD/hemp to be vaped (may be subject to existing tobacco tax), and protein powder. You can find more information in Pennsylvania Bulletin 7805.
Where can you go to learn more?
HB 967 allows for properly registered individuals to grow, cultivate, and/or market industrial hemp within the confines of the Agricultural Act of 2014.