How Old Do You Have to Be to Buy CBD?
Written by
Michael Levin
Medically reviewed by
Zora DeGrandpre
Table of Contents
The legalities of CBD are confusing, partly because of the distinction between CBD extracted from industrial hemp versus CBD extracted from the marijuana plant. The federal government made CBD legal when it is sourced from the industrial hemp plant, but each state has passed its own CBD laws. A common question is: How old do you have to be to buy CBD?
There is no single federal minimum age for purchasing hemp-derived CBD. Depending on the state and product type, buyers may need to be 18 or 21 years old. Some states apply different requirements to CBD gummies, oils, vapes, and products containing THC. Always check your state’s current requirements and the specific product type before making a purchase.
How Old Do You Have to Be to Buy CBD in Each State?
All states now allow the sale of CBD products made from industrial hemp, but each state has specific laws controlling the production and sale of CBD products.
Several states are still refining their laws regarding CBD. Depending on the state, you can expect:
- The age limit is 18 years old or older, or the CBD age is a minimum of 21 years old.
- State laws may limit which types of CBD products are legal.
- Brick-and-mortar retailers typically require proof of age.
- Online retailers of CBD products will ask whether the buyer is over 18 or 21 before allowing the purchase.
| State | CBD Age Requirement | What the Rule Covers | Official State Source |
|---|---|---|---|
| Alabama | 21+ | Consumable hemp products, including edibles, beverages, topical and sublingual products. | HB 445 / Act 2025-385, Title 28 ch. 12 |
| Arkansas | 21+ | Consumable hemp products. State law defines a “minor” as a person under 21 and prohibits sale, purchase, use, or possession by minors. | Arkansas Act 934 of 2025 (Arkansas Legislature) |
| California | 21+ for certain products | Industrial hemp final-form products intended for human consumption. | California Department of Public Health — Industrial Hemp Regulations / AB 8 (California Department of Public Health) |
| Colorado | 21+ for certain products | Hemp products with more than 1.25 mg THC per serving or a CBD:THC ratio below 20:1. THC-free products, tinctures and cosmetics are expressly excluded from this age provision. | Colorado SB23-271 |
| Connecticut | 21+ for certain products | Moderate-THC hemp products and hemp flower. | Connecticut General Statutes, Chapter 420j (Connecticut General Assembly) |
| Florida | 21+ for certain products | Products intended for human ingestion or inhalation that contain hemp extract. | Florida Statutes §581.217 (Online Sunshine) |
| Georgia | 21+ | Consumable hemp products intended to be ingested, absorbed, or inhaled. | Georgia Department of Agriculture — Consumable Hemp Retail Sales (Georgia Department of Agriculture) |
| Hawaii | 21+ | Manufactured hemp products regulated under HAR 11-37, including edible products, tinctures and other products. | Hawaii Department of Health — HAR Chapter 11-37 (Hawaii Department of Health) |
| Illinois | 21+ for certain products | Hemp-derived products, except consumable or topical products that contain no more than 0.4 mg per container of THC. | Illinois Public Act 104-0463; 505 ILCS 89/20 (Illinois General Assembly) |
| Iowa | 21+ | Consumable hemp products. A person may not sell or distribute a consumable hemp product to anyone under 21. | Iowa Code §204.14D (Iowa Legislature) |
| Kentucky | 21+ for certain products | Adult-use hemp-derived cannabinoid products. Kentucky separately recognizes non-intoxicating cannabinoid products. | Kentucky 902 KAR 45:190 (Legislative Research Commission) |
| Louisiana | 21+ | Consumable hemp products. Retailers must verify that purchasers are at least 21. | Louisiana R.S. 3:1482 / R.S. 14:93.17 (Louisiana State Legislature) |
| Maine | 21+ for certain products | Potentially intoxicating hemp products. | Maine Revised Statutes, Title 7 §2231(12) (Maine State Legislature) |
| Maryland | 21+ for certain products | Products intended for human consumption or inhalation containing more than 0.5 mg THC per serving or 2.5 mg THC per package. Certain qualifying hemp-derived tinctures have an exception. | Maryland Code §36-1102 (Maryland General Assembly) |
| Minnesota | 21+ | Products containing any cannabinoid or THC extracted or otherwise derived from hemp and covered by §151.72. | Minnesota Statutes §151.72 (MN Revisor’s Office) |
| New Jersey | 21+ for certain products | Products intended for human consumption that contain any detectable amount of THC. | NJ Cannabis Regulatory Commission (Intoxicating Hemp-Derived Products) |
| New York | 21+ for certain products | Cannabinoid hemp products containing more than 0.5 mg total THC per serving, concentrated products intended for inhalation/vaporization, and flower products. | NY Office of Cannabis Management — Part 114 Cannabinoid Hemp Regulations |
| Oregon | 21+ for certain products | Industrial hemp products classified as adult-use cannabis items under Oregon law. | Oregon Revised Statutes Chapter 475C (Oregon Legislature) |
| Rhode Island | 21+ | Hemp-derived consumable CBD products meant for ingestion, including concentrates, extracts and CBD-infused foods/products. | Rhode Island General Laws §2-26-3 (Rhode Island Legislature) |
| Tennessee | 21+ for certain products | Hemp-derived cannabinoid products falling under Tennessee’s regulated framework; retailers must verify age and may not sell covered products to anyone under 21. | Tennessee Public Chapter 526 / HB 1376 and TCA HDCP framework (Tennessee General Assembly) |
| Texas | 21+ | Consumable hemp products, including smokable hemp. Sellers must inspect valid government-issued ID before completing a sale. | Texas DSHS — Consumable Hemp Program (Texas Health Services) |
| Utah | 21+ for certain products | Cannabinoid products containing THC. | Utah Code §4-41-105 (Utah Legislature) |
| Virginia | 21+ for certain products | Hemp products intended for smoking are restricted for people under 21. Virginia also imposes special requirements on regulated hemp products containing THC. | Virginia Code §18.2-371.2 and §3.2-5145.4:1 (Virginia Law) |
| West Virginia | 21+ for certain products | Regulated hemp-derived cannabinoid products. | West Virginia Code §19-12E-12 (West Virginia Code) |
Last reviewed: August 2026
“21+ for certain products” means that the state’s age restriction does not apply uniformly to every hemp-derived CBD product. Depending on the state, the restriction may apply only to products containing THC, potentially intoxicating hemp products, inhalable products, or products exceeding specific THC thresholds.
Other states did not identify a statewide law establishing one minimum purchasing age for all compliant hemp-derived CBD products.
CBD that is produced from marijuana is illegal at the federal level, but some states have passed laws allowing the sale of CBD made from marijuana. The rules for CBD containing more than 0.3 percent THC are stricter.
Revisiting the Federal Law
At the federal level, the 2018 Agriculture Improvement Act 2018 (2018 Farm Bill) legalized the production of hemp crops. Hemp (≤0.3% THC) was legalized at the federal level. However, the FDA still does not permit CBD in conventional foods or dietary supplements and continues to enforce this policy (including issuing warning letters).
Interestingly, it did not include age-based restrictions. However, many states set 21+ for inhalable hemp, and USPS rules effectively block mailing vapes to consumers except for narrow exceptions.
The Farm Bill removed hemp from the list of Schedule I controlled substances, which are substances that cannot be prescribed or sold. The 2018 Farm Bill did not address age; it only allowed states to legally sell CBD products produced from industrial hemp if they so desired. To grow industrial hemp, farmers must obtain the appropriate permits from the Drug Enforcement Agency.
Industrial hemp is a Cannabis plant that has less than 0.3 percent THC, the psychoactive compound in cannabis plants. Generally, the minimum age requirement for purchasing CBD products is either 18 or 21 years old at the state level.
CBD Products for Children
When it comes to CBD oil, kids are a different matter. The FDA has approved one cannabis-related drug that contains CBD to treat medical conditions in children. CBD research is still in its early stages. It is important to understand that there has not been any extensive testing as to CBD’s safety and effectiveness for children.
Buying Products Containing CBD
CBD is used in a variety of products. You can purchase it in various forms, including oils, tinctures, pills and capsules, topicals, and edibles, to name a few. Of course, flavored gummies are very popular because they come in a wide range of flavors.
People ask, “How old do you have to be to buy CBD gummies?” Gummies and other ingestible products, inhalable products, THC-containing hemp products, and non-intoxicating CBD products may be regulated differently. In most states, it is legal to buy CBD gummies if you are over the age of 18 or 21 and the CBD comes from industrial hemp.
«How old do you have to be to buy CBD gummies?»
It is legal in most states to buy CBD gummies if you are over the age of 18 or 21 and the CBD comes from industrial hemp.
Online Purchases of CBD Products
Can you buy CBD online? Yes, you can purchase CBD products online and have them delivered conveniently to your doorstep. However, there are several key points to consider.
- Given the fact that each state and some local districts have specific laws concerning the sale and consumption of CBD, it is important to know the laws of your state or local government.
- The federal, state, and local laws apply whether you buy CBD products online or from a local retailer.
- If you travel out of state and transport CBD, you must adhere to the laws in the state you are visiting.
Safely Buying CBD Products
There is no single answer as to how old you must be to buy CBD products because it was left up to the states to determine age requirements. Just be aware that some state laws are still in the process of being revised or finalized.
For most people, buying CBD online is the best way to shop for CBD products. It is important to purchase any CBD product from a retailer with a good reputation that offers access to third-party independent lab test reports. These vendors are transparent about their content and will inform you if they are unable to ship CBD products to your state.
Sources
- https://www.ams.usda.gov/sites/default/files/HempExecSumandLegalOpinion.pdf
- https://www.agmrc.org/commodities-products/fiber/industrial-hemp
- https://www.fda.gov/news-events/public-health-focus/fda-regulation-cannabis-and-cannabis-derived-products-including-cannabidiol-cbd
This overview is informational only and not legal advice.
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