CBD Labeling By State - What Does Your State Require? (Updated for 2022)
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CBD Regulations by State: what’s Required?
CBD and Hemp may have been federally legalized by the 2018 Farm Bill - but as with medical and recreational programs, state-level rules about CBD and what’s required on CBD product labeling by state are still all over the board as we head into 2022.
The FDA has issued only vague guidelines on what is required of CBD product labeling as described in this legal review on the Harris Bricken Law Firm's "Canna Law Blog":
“Every state that authorizes the sale of CBD products also mandates, in one way or another, that the labels of CBD products sold within their borders be labeled in accordance with the Food, Drug and Cosmetic Act (“FDCA”). Under the FDCA, the labels of any product sold in the United States must contain four basic elements:
(1) An identity statement, which indicates what the product is;
(2) A net weight statement;
(3) A list of all ingredients, which in states like New Mexico and Colorado, must clearly identify hemp and CBD.
(4) The name and address of the manufacturer, packer or distributor along with their street address.”
As such, the states have used their own discretion to apply more or less regulation on CBD products in their state.
Some states have specific restrictions on contents, testing, and labeling requirements for CBD products and hemp edibles they’ll allow for production & sale in the state lines.
Other states are much more gray on the rules, leading to lots of room for non-disclosure and inaccuracy on CBD product labeling.
A few states have chosen to ban CBD outright to avoid this type of wiggle room on legality until federal laws are more clear.
You may be surprised to learn that some states still aren't even requiring CBD content in milligrams to be listed on packaging.
If your state doesn't require lab confirmation, the CBD products available in your state may not be what they say they are!
All this inconsistency can make it extremely frustrating to try to find a CBD product that works for you, with ingredients you can trust to support your health.
To help you find your way on your CBD journey, we’ve compiled this list of what’s required, what’s allowed, and what to watch out for on CBD product labeling in each US state.
Alabama
Alabama’s Agricultural department has followed the Farm Bill’s requirements for CBD products, stating that THC must be tested for and verified to be below 0.3% by weight in any Alabama CBD or hemp product.
Alabama is one of the more hemp-friendly states when it comes to hemp laws beyond this, and does not have any further stated requirements on CBD product labeling.
Thus Alabama has no expressed guidelines for disclosing CBD and THC concentration, testing for terpenes or contaminants, or any other indicators of CBD product quality & effects.
This means that the labeling information on a CBD product for sale in Alabama may be incomplete without consequence - be sure to verify any and all cannabinoids claimed on the label with lab test results for each batch!
Alaska
Possession & consumption of cannabis in private residences has been de facto legal in Alaska since the 1970s, so it should come as no surprise that CBD regulations are quite open in the US’s northernmost state.
The good news for consumers is that Alaska does have high standards on healthy hemp extraction processes and what hemp processors must test for - aiming for more transparency and cleaner CBD end products for you as the Alaskan CBD consumer.
Alaska also has a 10-point list of what must be reflected on an Alaskan CBD product intended for human or animal consumption:
The product name;
A batch and lot number for the product;
An expiration date;
The total quantity of the product by weight or volume;
The serving size or recommended dose;
A list of all ingredients;
A statement that the product has not been approved by the Food and Drug Administration or the Alaska Department of Environmental Conservation.
The industrial hemp pilot program from which the hemp originated;
The industrial hemp pilot program that authorized the processing or testing of the industrial hemp in the product; and
If the product conducts any delta-9-THC, the statement “warning: contains THC”.
This applies to CBD products produced & sold inside Alaska, which must be registered with the state, but it’s a very good idea of what type of information to look for on a trustworthy CBD product’s labeling and/or website.
We are not currently able to ship our CBD edibles into Alaska, but we will update this page if that should change.
Arizona
The Arizona hemp laws are still in their infancy, and there is some gray area around the sale and import of hemp flower.
As of right now, the Arizona Department of Agriculture does not regulate the production or retail sale of hemp products directly, so there is a bit of a wild west when it comes to what can be sold and what is required on CBD product labeling in Arizona.
For this reason, it’s best to do your own due diligence to confirm the potency & purity of CBD products for sale in Arizona or for sale online to confirm that the labeling & product information are accurate and complete.
Arkansas
The “Natural State” fittingly doesn’t seem interested in interfering with the sale of natural hemp products, as Arkansas one of the most CBD-friendly states in the USA.
Based on rules laid out by the Arkansas State Plant Board, no license is required to produce or sell a CBD product, and the state has removed all hemp CBD products meeting some basic criteria from its controlled substances list - meaning there are no penalties for you as a consumer for possession or use of hemp CBD.
While this is great news for those interested in producing CBD products and law-conscious consumers, it does mean that you as the Arkansas CBD consumer need to be cautious & investigate the labeling of any product you consider to ensure it is accurate & reliable before trying it. Use our guide linked above to help you!
California
California is well known for a vast amount of governmental oversight, for better or worse in some areas.
California has specific guidelines around the labeling of products for sale in its state legal dispensaries, and CBD products in California dispensaries also require stringent safety testing. Many interpret these labeling guidelines as applying to hemp-derived CBD products in California as well.
However, legal California dispensaries are restricted from selling hemp CBD products, so these labeling requirements may not be observed by all hemp-derived CBD products you find for sale in California retail spaces; the state has often failed to enforce these rules on CBD companies & struggles with a thriving illicit market.
This is why at Periodic we always recommend sourcing your CBD edibles and hemp products from companies that also operate correctly in their state-legal THC markets to ensure that they are producing products that are as safe & effective as their licensed products.
Colorado
It should come as no surprise that Colorado has lead the way in opening up the CBD market for its consumers, as growers in Colorado were among the first to identify the use of hemp cannabinoids in certain childhood epilepsy conditions, leading to the development of FDA-approved cannabinoid drugs for those illnesses.
Colorado’s hemp market is one of the most well established in the country, which comes along with some specific labeling guidelines meant to protect Colorado CBD consumers.
According to the Harris Bricken Law Firm Canna Law Blog:
“Colorado imposes certain labeling requirements on hemp products:
An identity statement, which indicates what the product is (not a brand name).
A net weight statement.
A list of all ingredients.
The company name with an address
The label must also clearly identify that it includes hemp as an ingredient and if there is CBD, the amount of CBD and whether it is an isolate. Labels must also include the statement “FDA has not evaluated this product for safety or efficacy,” and may not contain any health claims.”
So if you’re looking for a quality source of hemp CBD, Colorado has long been a leader of the pack.
Connecticut
The Connecticut Department of Consumer Protection (DCP) has issued guidelines on Hemp Testing Standards that must be complied with for all CBD and hemp products for sale in Connecticut.
Connecticut testing rules require that each batch of product have samples tested individually, and “the independent testing laboratory shall test each sample for THC concentration level, microbiological contaminants, mycotoxins, heavy metals and pesticide chemical residue.”
While Connecticut does not currently have specific labeling requirements for CBD products, these testing standards and their attitudes toward CBD edibles are currently in flux and may change soon.
We will update this page if and when state CBD policies change, so check back on our blog often!
Delaware
The Delaware Department of Agriculture has released rules and guidance for the 2021 Hemp Program on their website.
However, Delaware does not have quality or labeling requirements for CBD products sold in the state as of 2021.
This means that you as the Delaware CBD consumer will need to do your own due diligence to review the labeling of any CBD product you are interested in trying to ensure that the information provided is complete and accurate.
Use our guide to understanding CBD lab results to get an idea of the criteria you should be looking for in clean, trustworthy CBD products.
Florida
Florida has a specific list of labeling guidelines both for all food and those containing hemp extracts.
While specific to CBD edibles, these guidelines are a great list of important factors to look for on any CBD product label regardless of your state:
“Existing labeling requirements pursuant to 21 CFR Part 101 for all packaged food products include the following:
The common name of the product.
A list of ingredients (including sub-ingredients) in order of preponderance.
The business name and address of the manufacturer, packer, or distributor.
An accurate declaration of the quantity of the contents in proper dual units.
A Nutrition Facts panel, unless exempt.
The label, and advertisement, shall not contain claims indicating the product is intended for the diagnosis, cure, mitigation, treatment, or prevention of disease rendering it a drug as defined in 21 U.S.C. 321(g)(1)
In addition to the above requirements, food products containing hemp extract must be distributed and sold in packaging that includes:
A scannable barcode or quick response code linked to the certificate of analysis of the hemp extract by an independent testing laboratory,
The batch number,
The internet address of a website where batch information may be obtained,
The expiration date,
The number of milligrams of hemp extract. The specific cannabinoids marketed must be listed. The serving size shall be displayed on the nutrition facts label of the product,
A statement that the product contains a total delta-9 tetrahydrocannabinol concentration that does not exceed 0.3% on a dry-weight basis.”
Georgia
Georgia has issued an extensive set of rules for hemp growers and processors that regulate licensing, reporting and quality testing for hemp & approved hemp products.
However, these rules stop short of providing guidance on Georgia’s CBD labeling requirements.
As such, you as a potential Georgia CBD product consumer must do your own verifications of the CBD product’s potency & purity prior to purchase of any CBD product for sale in Georgia.
Use our guide to help you learn what to look for in a quality CBD product!
Hawaii
Much like California, Hawaii has been surprisingly strict on CBD given their historical acceptance of recreational consumption.
Originally banning CBD outright in 2019 before working to establish a permanent hemp pilot program to clarify rules, Hawaii still has some strict laws around what CBD product are and are not allowed.
The Hawaiian Legislature is now moving to establish rules governing the labeling & quality testing of CBD products for sale in Hawaii, but that bill is still in process at this time.
This means that Hawaiians interested in using CBD will need to research and confirm the concentration and quality of any CBD products they might have access to prior to purchase.
Idaho
Idaho has a reputation as an extremely CBD-restrictive state, being one of only 8 US states where we & other CBD edible manufacturers cannot legally sell hemp edibles.
In fact, according to the Harris Bricken Law firm, Idaho is one of the most hemp-hostile states in the union:
”Idaho Attorney General issued an informal opinion (see pages 132-134) on the legality of Hemp-CBD in 2015. He concluded that in almost all cases, the possession of any form of CBD, whether derived from marijuana or hemp, is illegal. According to the opinion, in Idaho, products containing CBD are only legal if the two following criteria are met:
the substance cannot contain any THC; and
the substance must be excluded from the definition of “marijuana” under Idaho Code § 37-2701(t)
Under Idaho Code § 37-2701(t), the only legal part of the cannabis plant, whether hemp or marijuana, are (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.
For a CBD product to be legal in Idaho, it must be totally THC free and must come from one of the five categories mentioned above. It doesn’t matter whether the CBD was derived from hemp or marijuana. If derived from anything other than the seeds or stems of the cannabis plant, it is illegal.”
As you can imagine, finding quality CBD products in Idaho will be difficult, given the amount of restrictions on their creation leading most CBD companies to avoid the state. We will update this page when and if Idaho comes around on allowance on CBD.
Illinois
Illinois is currently considered a hemp-friendly state, and it’s cannabis program has expanded substantially with some clear rules on what must be featured on cannabis product labeling to be compliant.
Though the CBD and hemp rules in Illinois are not quite as well-defined as on the more-regulated THC product side has taken precedence in the Illinois legislature, there are some required label data points to look for on your CBD products in Illinois:
“Each CBD product must bear a label clearly indicating the amount of CBD available per serving, suggested dosage, and net weight of the product.
Whether it’s cannabis-based or hemp-extracted, all CBD products must adhere to the following labeling requirements:
Mention the registered name of the product
Print unique serial number that conforms with producer batch number and lot number
Indicate dates the product was produced and packaged, as well as the expiration date
Include the testing date and the testing lab
Include the PO BOX address of the cultivation center
State the content level of THC and other cannabinoids
Also, the label must explain in clear language that the CBD product is not for medical use, nor is it transferable/resale.”
Indiana
Indiana has led the way in establishing clear regulations around the testing and product labeling for hemp extracts and CBD.
As stated in this legal review, “Indiana law requires that before being distributed, CBD be tested by an independent laboratory to determine its THC and CBD content.”
“Additionally, before hemp extracts may be sold at retail, the packaging must be labeled with a scannable bar or QR code that gives consumers access to specified information, including the manufacturer, batch number, expiration date, and ingredients.” The link to this information must be downloadable, so consumers can reference the product information digitally.
Per additional labeling guidance sources, “Indiana requires the Batch Number printed on the label, the Internet address to obtain the batch information, the expiration date, and the number of milligrams of low THC hemp extract on the label, the manufacturer, and finally the fact that the product contains not more than three-tenths of a percent totaldalta-9-tetrahdrocannabinol which is (THC).
As long as these requirements are followed, the CDB Hemp Label will be marketable.”
Iowa
Iowa is one of the absolute strictest hemp states in the country, having made CBD in any form completely illegal.
Unfortunately this means we cannot ship our craft hemp edibles to Iowans currently, and any CBD products you may find for sale in Iowa are not operating in compliance with state law.
We’ll update this page if the Iowa CBD laws should change to allow hemp products in the future.
Kansas
Kansas is friendly to CBD products that contain no traces of THC per the Harris Bricken Law Firm, permitting all adults to possess & consume them.
However, full spectrum CBD products are much more regulated:
“Kansas law stipulates that CBD products should clearly show a list and description of all contents, statement of CBD purity, and a warning that the consumption of CBD could be hazardous to the user's health. CBD products must also clearly state what kind of CBD is used because only broad-spectrum CBD (extract with THC removed) and CBD isolate (pure CBD powder) contain no traces of THC. Full-spectrum CBD oil contains trace amounts of cannabinoids and therefore is illegal in Kansas.
Kansas consumers should check for the following on CBD product labels:
Broad-spectrum, or isolate
Amount of active CBD per serving
Net weight
Suggested use
Supplemental Facts label, including other ingredients
Manufacturer/distributor name
Batch or date code”
Kentucky
It may be surprising to learn that Kentucky is one of the most hemp-friendly states in the US, but it’s true - Kentucky has emerged as a leader in both hemp cultivation and clear CBD product regulations.
While some states prohibit CBD edibles, Kentucky has gone the other route of ensuring the legality of hemp-infused foods within the state. The only CBD products currently banned in Kentucky are smokeable hemp products like cigars & cigarettes, dips, and hemp teas - though that may soon change to allow these product types as well.
Kentucky does provide clear guidance on CBD product labeling in their Public Health regulations on hemp, with additional guidance for CBD-infused food products in Kentucky on pages 2-4 of the legislative ruling linked above.
Kentucky has also recently joined the growing list of states that require a QR code on the label to give customers an even easier way to access test results and other important information about their CBD products.
Kentucky is leading the charge in ensuring safety & transparency of CBD products for its citizens, and encouraging the FDA to do the same federally.
Louisiana
Louisiana is now a hemp-friendly state in light of recent legislation to remove hemp from the state’s definition of controlled substances.
Louisiana includes some general labeling guidelines in its application for the Louisiana CBD product retail license, and expands on those requirements in LA House Bill 491:
“All Hemp-CBD products must be labeled and registered in accordance with Louisiana’s Food, Drug and Cosmetic Law (R.S. 40:601 et seq.). Hemp-CBD may not be marketed as a dietary supplement. In addition, Hemp-CBD labels must meet the following criteria and be approved by the Louisiana Department of Health:
Contain the following language: “This product has not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease.”
Contain no medical claim
Have a scannable bar code, QR code, or web address linked to a Certificate of Analysis (COA)
COAs for Hemp-CBD products in Louisiana must contain the following:
The batch identification number, date received, date of completion, and the method of analysis for each test conducted.
Test results identifying the cannabinoid profile by percentage of dry weight, solvents, pesticides, microbials, and heavy metals.”
Maine
Maine is another CBD-restrictive state which we cannot ship our hemp CBD edibles into as of 2021.
However, unlike other states with hemp edible restrictions, Maine has not banned CBD edibles outright - only the import of CBD edibles from other states is banned in Maine, which is why at Periodic Caramels we unfortunately can’t ship to Mainers until federal CBD laws change.
That said, Mainers can still purchase quality CBD edibles & other CBD products in Maine as long as they comply with the following label requirements:
“Under PL 2019, Ch. 12 it is legal for food code licensees to manufacture and sell edible products containing CBD subject to the conditions outlined below:
Food items must be clearly labeled including the ingredient (cannabidiol or CBD) and amount by weight, name and address of manufacturer, and zip code. Restaurant menus must clearly note the inclusion of CBD and the amount, by weight, in the item.
THC content of the hemp, CBD extract or product must be less than 0.3%.
The food product label, menu, advertising, and any other related information must not include health claims that items with hemp or CBD can diagnose, treat, cure or prevent any disease, condition or injury absent approval pursuant to federal law.
CBD must be extracted or derived from hemp grown through the Maine hemp program by a grower licensed with DACF.
Food products containing CBD may not be imported from another state since they are not covered by Maine law and federal law prohibits food with CBD in interstate commerce.
Invoices, documents, or other evidence may be inspected to demonstrate that the hemp was grown, and the CBD extract, food additives or food products were derived from, Maine hemp.
The CBD extraction process or method must not result in any harmful solvent residues or other contaminants in the CBD extract”
Maryland
Maryland has a longstanding history of hemp positivity, having legalized low-THC hemp and hemp-derived CBD products in the state in 2015 - 3 years before the federal government opened the door to legalized CBD with the 2018 Farm Bill.
However, the Maryland Department of Agriculture or MDA specifically states that they do not have jurisdiction over the “processing, sale or distribution of industrial hemp” or CBD products, and thus does not offer guidance on labeling of CBD products for sale in Maryland.
As with other states that do not have specific CBD labeling requirements and gray CBD & hemp rules, it now falls on Marylanders to do their due diligence in researching any CBD product they decide to try. Use our helpful guide to understand what to look for in your CBD products!
Massachusetts
The Commonwealth of Massachusetts has developed an industrial hemp program and created an interactive FAQ website to answer many questions about the legality of CBD and hemp products.
Under Massachusetts hemp laws as of 2021, CBD products must contain the following information:
a. Manufacturers shall ensure that any products that will be used for human consumption and absorption (including but not limited to inhaling, eating, drinking, swallowing or topical application), are labeled in clear, legible wording no less than 1/16 inch in size on each container.
b. Labels shall be firmly affixed and shall include the following:
i. Manufacturer name, license number and address
ii. Cannabinoid profile (Must include THC and CBD concentrations, if any)
iii. Batch number
iv. Statement “This product is derived from Industrial Hemp.”
v. Statement “This product has not been analyzed or approved by the FDA.”
vi. Statement “This product derived from Industrial Hemp has not been tested or approved by the Massachusetts Department of Agricultural Resources.”
In addition to labeling, CBD manufacturers must also comply with strict testing and record-keeping requirements per Massachusetts hemp laws.”
Michigan
The Michigan Marijuana Regulatory Agency has established labeling requirements for “marihuana” (as the state still spells it) products for sale within Michigan as follows:
“(a) The name of the licensee and license number that is the producer, including business or trade name, and tag or source number as assigned by the statewide monitoring system.
(b) The name of the licensee and license number including business or trade name of licensee that packaged the product, if different from the processor of the marihuana product.
(c) The unique identification number for the package or the harvest if applicable.
(d) Date of harvest.
(e) Name of strain.
(f) Net weight in United States customary and metric units.
(g) Concentration of THC or CBD.
(h) Activation time expressed in words or through a pictogram.
(i) Name of the safety compliance facility that performed any test, any associated test batch number, and any test analysis date.
(j) Universal symbol published by the department.
(k) A warning that states all the following:
(i) "For use by registered qualifying patients only. Keep out of reach of children."
(ii) "It is illegal to drive a motor vehicle while under the influence of marihuana."
The Michigan Department of Licensing and Regulatory Affairs, or LARA, issued additional guidance on hemp & CBD products for sale in Michigan in 2019, but no further regulations on CBD labeling have been made available for Michiganders at this time.
Michiganders can use the rules for marijuana product labeling above that are applicable to CBD, and guidance you see from other states in this article, to review and evaluate CBD product labeling for yourself prior to purchase.
Minnesota
As fo December 2021, Minnesota has placed new restrictions on which hemp products are legal, effectively outlawing all hemp-derived products intended for human consumption. Only hemp flower and hemp seed oil with less than 0.3% THC are legal in Minnesota.
As such, we are no longer able to ship our CBD and other cannabinoid-infused products to Minnesota residents.
Hemp and CBD products for sale in Minnesota are primarily regulated by Senate Bill 12, passed in 2019, defining CBD product labeling requirements as follows:
Subd. 5. Labeling requirements.
(a) A product regulated under this section must bear a label that contains, at a minimum:
(1) the name, location, contact phone number, and website of the manufacturer of the product;
(2) the name and address of the independent, accredited laboratory used by the manufacturer to test the product;
(3) an accurate statement of the amount or percentage of cannabinoids found in each unit of the product meant to be consumed; and
(4) a statement stating that this product does not claim to diagnose, treat, cure, or prevent any disease and has not been evaluated or approved by the United States Food and Drug Administration (FDA) unless the product has been so approved.
(b) The information required to be on the label must be prominently and conspicuously placed and in terms that can be easily read and understood by the consumer.
(c) The label must not contain any claim that the product may be used or is effective for the prevention, treatment, or cure of a disease or that it may be used to alter the structure or function of human or animal bodies, unless the claim has been approved by the FDA.”
In addition to these existing labeling requirements, Minnesota is considering a host of additional labeling requirements on CBD products as of 2021 with the aim of improving customer safety and CBD product marketing transparency for Minnesotans.
You can see the additional CBD labeling Minnesota is consider beginning on page 17 of the Minnesota Department of Health’s report to the legislature on the sale of cannabinoid products, under Recommendations - Labeling Requirements.
Mississippi
As you might expect from a state with a very traditional conservative history, Mississippi has not been on the forefront of establishing open access to CBD products for its citizens.
Mississippi was one of only a handful of states to not establish a hemp pilot program under the 2014 Farm Bill that first arosed the current wave of interest in hemp CBD.
Mississippi only passed the legalization of CBD and the establishment of a hemp cultivation task force in 2019, finally beginning the process of expanding CBD access for Mississippians.
As such, regulation and labeling requirements on CBD products for sale in Mississippi have not yet been extensively set or enforced, meaning interested consumers will need to carefully evaluate any CBD product they’re interested in trying.
Missouri
The Missouri Department of Agriculture manages the hemp pilot program in Missouri, but does not oversee hemp and CBD products directly.
As such, there are no currently-stated labeling guidelines for CBD products for sale in Missouri. This means that Missouri residents interested in CBD products will need to do their own research to confirm the quality of the product.
The Missouri Dispensary association provides this guidance for the bare minimum of labeling information on Missouri CBD products to be sold in legitimate retailers to mitigate risk:
“A statement of identity;
A declaration of the net quantity of contents;
A list of all ingredients in descending order of prominence, which clearly identifies the hemp extract and/or CBD;
If expressly advertised, the concentration of CBD, and any other cannabinoids, in milligrams;
The name and address of the manufacturer or distributor;
The product’s intended use or directions;
A scannable bar code or QR code, which provides information such as
(a) the product certificate of analysis tested by an independent testing laboratory to show the product (i) contains hemp that was lawfully cultivated under (a)”.
Montana
Montana has only recently worked toward establishing a regulated hemp program, with proposals in place to add more requirements around testing and licensing for hemp cultivators and processors.
However, the Montana Department of Agriculture does not currently oversee CBD or Hemp-derived products, so as it stands there are no labeling requirements for CBD products for sale in Montana.
Montanans who are interested in trying CBD but don’t know what information to look for on a hemp product label may want to use the state’s medical program labeling requirements as an example of the kinds of information to look for on a trustworthy hemp cannabinoid product.
You can also use our guide to understanding CBD lab results to verify potency and purity.
Nebraska
While Nebraska was initially against vehemently against CBD products - with a requirement that CBD could only legally be acquired in Nebraska by medical patients and sourced from the approved Nebraska Medical Center or Nebraska Medicine Research Pharmacy - all that was changed with Nebraska LB 657.
While cannabis itself & isolated cannabinoids derived from high-THC cultivars are still illegal in Nebraska, CBD and other cannabinoids derived from hemp are considered legal to buy & possess in the Cornhusker state.
That said, CBD labeling requirements are still undefined in Nebraska under the state’s Hemp Farming Act.
This means those shopping for CBD in Nebraska will need to carefully review lab results and labeling information for any CBD product they consider buying to ensure it is safe and accurately labeled. Use our multi-part CBD Lab Results Intepretation Guide to learn what to look for in a quality CBD product!
Nevada
The Nevada Department of Agriculture offers an FAQ portal to address questions about the state’s hemp program.
However, the NDA defers to the FDA’s minimal regulations regarding CBD product labeling (as stated in the intro to this article) and explicitly state that they do not regulate CBD and hemp-derived products for sale in Nevada beyond that at this point.
In light of minimal CBD rule clarity in Nevada, as with other residents of less-regulated CBD states, Nevadans will need to do their own due diligence to investigate the safety and ingredient claims of any hemp-derived product they might wish to try.
New Hampshire
While the Granite State does allow the growth of hemp and has legalized many CBD products, their regulations around labeling and testing are still in their infancy as of 2021.
A New Hampshire House Bill passed in 2019 mandated the creation of a committee to address hemp labeling rules with the following labeling rules proposed (which have not yet been enacted as of 2021):
146:24 Products; Labeling.
All products containing CBD derived from hemp shall be labeled with the following:
I. If an oral tincture, pill, or capsule the amount of milligrams of CBD per milliliter.
II. If any other product, the serving size and the contents of CBD in milligrams per serving size or if there is no serving size the contents of CBD in milligrams per millimeter.
III. A warning that CBD should not be used during pregnancy.
IV. An explanation that the product is derived from hemp and may contain THC.
V. A warning that the consumer ought to consult with a medical provider if he or she is taking any other medication.
VI. A warning to keep such products out of the reach of children.
VII. The process lot number.
VIII. The manufacturing date of the product.
IX. A list of all ingredients in descending predominance by weight if the ingredient represents at least 0.05 percent of the content of the product.
New Hampshire does have explicit labeling requirements for medical cannabis products which residents may use as an additional guide on important labeling information to look for on CBD products for sale in New Hampshire until the proposed hemp labeling rules are settled - but keep in mind that not all this information will be applicable.
If you’re not familiar with how to review the lab results on your CBD and hemp products, this multi-part guide will help you better evaluate your CBD products for safety and transparency.
New Jersey
New Jersey was one of the first states in the US to have its state hemp program certified by the USDA, giving it a leg up on many other hemp-friendly states.
While the New Jersey Hemp Production Plan lays out regulations for many aspects of the hemp & CBD industry, it is relatively short on labeling requirements for CBd products for sale in New Jersey.
According to the Harris Bricken Law Firm, “New Jersey…requires that processors include labels that show the amount of oils or extract, the percentage of THC, and the percentage of CBD extract contained in a hemp product, including Hemp CBD.
Labels must also distinguish between hemp extract, CBD, or hemp oil. The New Jersey Hemp Farming Act defines those terms as follows:
“CBD” or “cannabidiol” is a phytocannabinoid found in cannabis which does not produce psychoactive effects in users.
“Hemp Extract” means oil chemically extracted from hemp’s aerial plant part, such as seeds, stalks or flowers, using chemical processes, containing a natural blend of phytocannabinoids, and
includes cannabidiol, or “CBD” oil.“Hemp Oil” means oil obtained by physically pressing hemp seeds with a 3:1 ratio of omega-6 to omega-3 essential fatty acids and does not include cannabidiol or CBD.
The Act also includes some interesting language on Hemp CBD products:
“Notwithstanding any other law, or rule or regulation adopted pursuant thereto to the contrary, derivatives of hemp, including hemp-derived cannabidiol, may be added to cosmetics, personal care products, and products intended for human or animal consumption to the maximum extent permitted by federal law.”
So if you’re looking for a hemp-friendly US state, things don’t get much friendlier than the Garden State!
New Mexico
New Mexico has been a hemp & CBD-friendly state for many years, having outlined specific hemp product labeling and testing requirements that are in effect as of 2021.
The full CBD product labeling & testing requirements begin on page 9 of the New Mexico Environment Department’s rules linked above, but are summarized as follows by the Harris Bricken Law Firm:
“In addition to meeting federal labeling requirements, all categories of products must meet certain labeling and marketing requirements, including but not limited to:
Clearly identify on the front display panel:
CBD content in the package, labeled in milligram; and
Total THC content in the package, labeled in milligrams.
Unless otherwise approved, statements representing or inferring a hemp finished product contains no THC are prohibited.
Hemp facilities shall design, maintain and use a coding system that will identify the date and place of manufacture of each hemp product that shall be clearly visible on the product label or securely affixed to the body of the container.
No more than 0.3% Total THC concentration and meet other specific testing requirements.
Contain no health, medical or benefit claims on the label.”
New York
New York has recently legalized a recreational adult use program, so you may be surprised to learn that as of 2021 we still cannot ship our 50mg CBD edibles to New Yorkers!
Given their concerns about federal legality of some CBD products including hemp edibles, New York’s regulators originally chose to outlaw them rather than establishing their own regulations.
However, new CBD and hemp product regulations are in process in the Empire State, expanding legal CBD product categories including the sale of CBD edibles with relatively low cannabinoid concentrations:
“If the cannabinoid hemp product is a food or beverage manufactured under Part 117 of Title 21 Code of Federal Regulations, it shall not contain more than 25 milligrams of total cannabinoids per individually packaged product. If the cannabinoid hemp product is a supplement manufactured under Part 111 of Title 21 Code of Federal Regulations, it shall not contain more than 3,000 milligram of total cannabinoids per product, with no more than 75 milligrams per individual serving.”
The proposed guidelines also state the following about CBD label requirements in New York:
”Section 1005.9 is added to outline the requirements of cannabinoid hemp packaging and labeling. All cannabinoid hemp products need to be labeled with the total milligram content of cannabidiol (CBD), THC, and marketed cannabinoids in the product, and include the milligrams per serving for each. All products are required to have a scannable barcode or QR code which links to a certificate of analysis and the packaging is prohibited from being attractive to 4 consumers under 18 years old. Products are also required to list appropriate warnings for consumer awareness.”
New York has also taken a strong stance against the rising popularity of Delta-8-THC, adding this rule to the hemp program:
“All cannabinoid hemp products distributed or offered for retail sale in New York State shall…not contain synthetic cannabinoids, or cannabinoids created through isomerization, including Δ8-tetrahydrocannabinol and Δ10-tetrahydrocannabinol.”
In light of these current & proposed regulations, New Yorkers have a restricted set of choices when it comes to CBD products for sale in New York. Those products that do comply, however, should be thoroughly tested and clearly labeled to ensure consumer safety.
North Carolina
North Carolina is the 6th CBD-restrictive state into which we cannot ship CBD edibles.
As summarized by the Harris Bricken law firm’s Canna Law Blog, North Carolina has several concerns with ways that the current federal hemp rules as written in the 2018 Farm Bill open cultivators and hemp farm workers up to unfair working conditions and low thresholds for violations which could jeopardize even good hemp business that try to operate within the law.
As such, North Carolina has chosen to wait for changes to federal policy to provide clear guidance and more access to the hemp industry for North Carolinians.
While CBD is not illegal in North Carolina, the hemp market is still quite gray in 2021. Shop for CBD with caution to protect your health & wellness when looking for CBD products for sale in North Carolina.
North Dakota
When it comes to CBD edibles, both “North” states still say no - like North Carolina, North Dakota has banned the sale of CBD edibles outright.
However, North Dakota goes a step further than North Carolina - North Dakota is the third and final US state to have outlawed CBD entirely as of 2021.
Thus we cannot ship our craft CBD caramels to North Dakotans, nor can any form of CBD be legally purchased within the state.
We’ll update this page if the CBD laws in North Dakota and other CBD-restrictive states should change to allow hemp products in the future.
Ohio
A wide variety of hemp and CBD products are currently legal in Ohio and the state’s legislature has a well-established set of rules for what is required from hemp & CBD products for sale in Ohio.
As of 2021, the Ohio Department of Agriculture outlines the following requirements for hemp product labeling:
“A hemp processor is required to label all of their products properly, which includes the following information on the label of each hemp product offered or distributed for sale:
1. Statement of Identity – name of the product
2. Net Quantity of Contents – the net weight, in both U.S. Customary System and International System
3. Ingredient List – ingredients of the food product, listed in descending order of predominance by weight
4. Statement of Responsibility – name and address, including city state and zip code, of the business.
5. Unique batch or lot code –code that is permanent and visible to the naked eye that specifies the establishment where packed; the product contained therein; and the year, day and period during which it was packed.
6. When product contains cannabinoids, a statement indicating consumers should consult a licensed healthcare professional if pregnant, breast feeding, currently taking medications, or under 18 years of age.
a. This statement shall appear prominently and conspicuously as compared to other words, statements, or designs on the information panel of the immediate container label. Where the immediate container is not the retail package, this statement must also appear prominently and conspicuously on the information panel of the retail package label.
b. This statement is not required on products derived exclusively from hemp seed oil.”
Ohio also applies these specific rules to food & supplement products containing hemp or CBD:
Total milligrams and milligrams per unit serving for all cannabinoids (e.g., CBD, THC, CBG, etc.) identified on the product label.
Hemp products classified as food must meet nutrition labeling requirements in 21 C.F.R. 101.9.
Hemp products classified as dietary supplements must meet the nutrition labeling requirements 21 C.F.R.
110.36.
Be sure to look for this information on any CBD product you find for sale in Ohio to ensure it is compliant & safe.
Oklahoma
Oklahoma was an early adopter of hemp, moving to establish their hemp cultivation program based on the earlier 2014 Farm Bill just before the now famous 2018 Farm Bill opened up more access to CBD products & hemp.
Oklahoma is also quite laissez faire when it comes to requirements around labeling for CBD products for sale in Oklahoma & who can sell them; only the following minimum requirements are established in OK Senate Bill 238:
A. Any manufactured product containing cannabidiol, as provided for in Section 2-101 of Title 63 of the Oklahoma Statutes, shall include a label which contains, at a minimum:
The country of origin of the cannabidiol; and
Whether the cannabidiol is synthetic or natural.
B. The provisions of this section shall not apply to any pharmaceutical product approved by the Food and Drug Administration. ENR. S. B. NO. 238 Page 2
C. Retail sales of industrial hemp and hemp products may be conducted without a license so long as the products and the hemp used in the products were grown and cultivated legally in this state or another state or jurisdiction and meet the same or substantially the same requirements for processing hemp products or growing hemp. The addition of derivatives of hemp, including hemp-derived cannabidiol, to cosmetics, personal care products and products intended for human or animal consumption shall be permitted without a license and shall not be considered an adulteration of such products. Nothing in this section shall exempt any individual or entity from compliance with food safety and licensure laws, rules and regulations as set forth under the Oklahoma Public Health Code.
In light of these very broad requirements, it will be best for Oklahomans interested in trying CBD to do their own label & testing research.
Oregon
Oregon has a long history of acceptance toward recreational adult use and hemp cultivation, so it should be no surprise that the Oregon hemp program is well established and regulated as of 2021.
Oregon requires a specific hemp symbol to appear on all hemp derived products (seen at left) and many of the Oregon cannabis program’s labeling requirements apply to hemp products as well, as compliant CBD products are allowed to be sold in approved cannabis retailers in addition to other retailers.
Oregon also provides this guidance on hemp & CBD product labeling:
“The label for a hemp item must have the following warning in place of the warnings required on items for sale to a consumer described in OAR 845-025-7070 to 845-025-7120:
“This product is derived from hemp and could contain THC. Keep out of reach of children.”
You must also include the FDA statement: “This product is not approved by the FDA to treat, cure, or prevent any disease.”
If the item is a hemp extract, concentrate, topical, or a hemp product other than an edible, tincture, or capsule, the label needs to contain the warning, “DO NOT EAT” in bold, capital letters. Read the specific rules at: OAR 845-025-7070 – 845-025-7120”
Oregon remains a leader in clean & safe hemp cultivation and CBD product production, so choosing CBD products with Oregon roots is generally a good bet for your health & safety.
Pennsylvania
Pennsylvania is still in the process of establishing wider regulations around its hemp program, and as such it does not offer clear guidance on the labeling requirements for CBD and hemp-derived products for sale in Pennsylvania.
For now, Pennsylvania lawmakers have chosen to defer to existing laws regarding finished hemp products (which leaves some gray area around label requirements due to inconsistent rules across these organizations):
“Growers and processers of finished products will be held responsible to meet all laws, regulations, and requirements of all authorities that regulate any products produced, marketed, labeled, distributed, or sold as part of the permitted industrial hemp program. This may include, but is not limited to, the U.S. Food and Drug Administration, U.S. Department of Agriculture, U.S. Internal Revenue Service, PA Department of Agriculture Bureau of Food Safety and Laboratory Services, PA Department of Health, and any other governmental authority.”
Pennsylvania does have comprehensive labeling requirements for medical products sold in the state, which interested CBD buyers may use as a guide to what to look for on quality Pennsylvania CBD product labels.
Pennsylvanians can also use our CBD Lab Results Guide to learn what to look for in a quality CBD product’s lab results.
Rhode Island
The Rhode Island Hemp Growth Act regulates the Rhode Island hemp program, and has laid out specific requirements for safety and transparency concerning hemp and CBD products in Rhode Island.
Current CBD Labeling requirements in Rhode Island are as follows:
G. Packaging and Labeling Requirements
1. Any container or packaging containing hemp or hemp product intended for consumption, including packaging for the purpose of storage and/or authorized transport, must:
a. Protect the product from contamination;
b. Not impart any toxic or deleterious substance to the hemp or hemp product;
c. Contain the Inventory tracking ID number assigned by the Agricultural Pilot Program Tracking System; and
d. Be labeled with the quantity of the product.
2. Packaging and labeling shall not:
a. Make any false or misleading statements including false or misleading statements regarding health or physical benefits or as to the composition and profiles.
b. Contain any seal, flag, crest, coat of arms, or other insignia that could reasonably mislead any reasonably prudent person to believe that the product has been endorsed, produced or manufactured by the State of Rhode Island or any agency thereof or municipality within.
3. All hemp and hemp products must include a label affixed to the package containing the following information, prominently displayed and in a clear and legible English language font:
a. Inventory tracking ID number assigned by the Agricultural Pilot Program Tracking System;
b. Total weight in ounces and grams or volume as appropriate. Weight and volume must be determined using accurately calibrated equipment which equipment must also comply with any other applicable state laws; and
c. Total amount of THC as determined by approved testing and total amount of any other constituents determined by testing including CBD.
d. If solvents were used in production, statement that discloses the type of extraction method, including any solvents, gases, or other chemicals or compounds used to produce or that are added to the extract.
e. Any applicable instructions for use and safe storage.
4. All hemp and hemp products must include a label affixed to the package containing the following warning, prominently displayed and in a clear and legible English language font. This warning may be on an insert provided with the packaging.
a. "Warning: This product is not certified to be free of contaminants, is derived from industrial hemp, is not medical marijuana, and has not been analyzed or approved by the FDA."
b. If applicable, a warning regarding use or contact with any nuts or other known allergens as defined in the federal Food Allergen Labeling and Consumer Protection Act of 2004, as administered by the FDA.”
However, proposed changes to the Rhode Island CBD labeling requirements & other hemp rules are in process, so the exact labeling requirements for CBD products in Rhode Island are likely to change beyond 2021. We’ll update this blog with changes to state CBD policies as they are passed.
South Carolina
Hemp cultivation and processing in South Carolina are managed by the South Carolina Department of Agriculture, which hosts a Hemp FAQ page on its website.
South Carolina CBD product regulations are somewhat gray, with smokeable hemp products and e-cigarettes being strictly prohibited while the state outlines the following about other CBD products for sale in South Carolina:
“The SCDA’s Quick Guide to Hemp Products in Human Food states that approved hemp food ingredients include “full spectrum” ingredients if:
it contains the naturally occurring array of phytonutrients found in hemp (which include naturally occurring CBD);
it does not include health claims; and
it does not bear any sort of declaration of CBD.
The sale and marketing of cosmetics is neither allowed nor restricted in the state. However, given the state’s deference to the FDA guidelines, the sale of these products seems lawful so long as these products:
do not contain more than 0.3% THC;
are not adulterated (e., unsafe) or misbranded;
are not intended to be used as drugs; and
do not contain labels or promotional materials that contain claims regarding diseases or bodily structure/function.”
Beyond this general guidance, the SC House Bill 3449 dealing with hemp does not provide any specific requirements on labeling for CBD products in South Carolina, and it even goes as far as to state:
“The provisions contained in this chapter do not apply to the possession, handling, transport, or sale of hemp products and extracts, including those containing hemp-derived cannabinoids, including CBD. Nothing in this chapter authorizes any person to violate any federal or state law or regulation”
As such, you’re likely to see a wide array of information on the labeling of CBD products for sale in south Carolina. Use our Lab Result guide to learn how to find quality CBD products you can trust!
South Dakota
South Dakota has historically been a strong anti-hemp and CBD state - it was only with the passage of South Dakota House Bill 1008 in March 2020 that hemp cultivation, production, and transport became legal in the state.
This bill states that labeling requirements for hemp products will be established, but as of yet South Dakota does not have any specific guidelines or regulations on the labeling of CBD products you might find for sale in the Mount Rushmore State.
As such, South Dakotans interested in trying CBD should do their own due diligence in researching the CBD company and reading the lab results to ensure the CBD product is safe and transparent on cannabinoid concentrations.
Tennessee
The hemp program in Tennessee is managed by the Tennessee Department of Agriculture, and the rules and regulations set forth on CBD products for sale in Tennessee are very minimal as of 2021.
As the Bricken Harris Law Firm highlights, “The TDA’s regulations do not address the sale of CBD products and there does not appear to be oversight of these products at the state level.”
As such, CBD products in Tennessee do not have to meet any minimum state requirements for labeling transparency and lab testing at this time.
Like other low-regulation CBD state residents, Tennesseeans will want to do some careful research into the CBD products and companies they might be interested in trying to ensure safety and transparency.
Texas
The hemp program and CBD products in Texas are regulated by the Department of Health and Human Services.
Texas has outlined specific guidance for testing and labeling of CBD products, with the following information being required on all consumable hemp products for sale in the Lone Star State:
(a) All consumable hemp products marketed as containing more than trace amounts of cannabinoids must, in addition to the requirements of §300.102 of this chapter (relating to Applicability of Other Rules and Regulations), be labeled in the manner provided by this section with the following information:
lot number;
lot date;
product name;
the name of the product's manufacturer;
telephone number and email address of manufacturer; and
a Certificate of Analysis that the delta-9 tetrahydrocannabinol content concentration level on a dry weight basis, that, when reported with the accredited laboratory's measurement of uncertainty, produces a distribution or range that includes a result of 0.3 percent or less.
(b) The label required by this section must appear on each product intended for individual retail sale.
(c) The label required by this section may be in the form of:
a uniform resource locator (URL) for the manufacturer's Internet website that provides or links to the information required by this section; and
a QR code or other bar code that may be scanned and that leads to the information required on the label.
Texas has seen a boom in popularity of CBD and hemp cannabinoid products in 2021, so ensure that you’re reviewing the labeling on your CBD products for accuracy and transparency prior to purchase so as not to fall prey to bad actors in the CBD world looking to make a quick buck.
Utah
The Utah Department of Agriculture and Food (UDAF) controls regulations for the hemp & CBD Products for sale in Utah.
While Utah is hemp-friendly, they do have some of the most stringent requirements for CBD products produced and sold within their state.
The UDAF requires registration of all CBD products for retail sale within Utah, and has the following labeling & testing requirements:
“Before a product is registered, it must be tested by an independent laboratory to analyze its cannabinoid profile, as well as checked for contaminants (e.g., solvents, pesticides, and microbes).
CBD products must be labeled according to state law, and the proposed label must be approved by the department before the product can be registered.
Among other things, the label must have a scannable bar or QR code or website that gives consumers access to specified information, including the batch number, expiration date, and information on the results of the required laboratory analysis.
Each Label must have:
Brand Name
Amount of CBD derived per capsule or container
Size of Container
Supplement Facts Panel (only for oral consumption products)
o If it’s a topical product and contains ingredients that have a national drug code number, then drug facts/active ingredients on the label will be required. CBD should not be the only active ingredient. Must also contain an allergen statement. (No specific wording is required)
Other Ingredients
Manufacturer’s Address
Suggested Use
o Medical medical claims references will need to be amended (Example: ‘Use to treat arthritis’ is not allowed. Instead use ‘May provide relief from arthritis pain’)
FDA Warning
o ‘These statements have not been evaluated by the FDA. This product is not intended to diagnose, treat, cure, or prevent any disease.’
o The minimum warning statement for topicals/ transdermals: ‘Warning: the safety of this product has not been determined’
o Hemp Seed Oil - No FDA Warning Required (21 CFR 111)
QR Code or website directly linked to product COA
Unlike most states, Utah provides an example label showing exactly what an approved Utah CBD product’s label should contain. Utah CBD consumers have a clear guide on what they should look for in trustworthy CBD products for sale in Utah.
Vermont
The Vermont Agency of Agriculture, Food, and Markets or AAFM handles the rules and regulations for the hemp program in Vermont.
The AAFM has issued specific rules on labeling for hemp and hemp products, and even has an entire FAQ document dedicated to hemp & CBD labeling questions.
These guidelines indicate the following for Vermont CBD and Hemp products:
“All consumable hemp products or hemp-infused products (which include products applied to the skin) processed in Vermont must be labeled with the following information:
The name and principal mailing address of the registered processor of the hemp product or hemp-infused product
A statement that the product contains ingredients that are derived from hemp
An accurate statement of the quantity of the package contents in weight, measure, or numeric count
When offering a guarantee, the guaranteed amount of any listed cannabinoid contained in the product by serving size and measured in milligrams, milliliters, or grams
A statement that the product contains THC, if applicable
A process lot number”
Vermont has a long history of hemp acceptance, and CBD products for sale in Vermont that comply with existing regulations should be safely produced and transparent in their labeling.
Virginia
Hemp and CBD products for sale in Virginia are regulated by the Virginia Department of Agriculture and Consumer services, or VDACS.
Virginia has recently passed legislation that will require the establishment of CBD product labeling guidelines, but as of yet Virginia does not have specific hemp product labeling requirements.
Concerned Virginians may wish to compare their CBD product label against the requirements on CBD products in the state’s medical cannabis program:
§§ 54.1-3442.6 and 54.1-3447 of the Code of Virginia.
18VAC110-60-290. Labeling of batch of cannabidiol oil or THC-A oil products.
A. Cannabidiol oil or THC-A oil produced as a batch shall not be adulterated.
B. Cannabidiol oil or THC-A oil produced as a batch shall be:
Processed, packaged, and labeled according to the U.S. Food and Drug Administration’s Current Good Manufacturing Practice in Manufacturing, Packaging, Labeling, or Holding Operations for Dietary Supplements, 21 CFR Part 111; and
Labeled with:
a. The name and address of the pharmaceutical processor;
b. The brand name of the cannabidiol oil or THC-A oil product that was registered with the board pursuant to 18VAC110-20-285;
c. A unique serial number that matches the product with the pharmaceutical processor batch and lot number so as to facilitate any warnings or recalls the board or pharmaceutical processor deem appropriate;
d. The date of testing and packaging;
e. The expiration date;
f. The quantity of cannabidiol oil or THC-A oil contained in the batch;
g. A terpenes profile and a list of all active ingredients, including:
(1) Tetrahydrocannabinol (THC);
(2) Tetrahydrocannabinol acid (THC-A);
(3) Cannabidiol (CBD);
(4) Cannabidiolic acid (CBDA); and
(5) Any other active ingredient that constitutes at least 1.0% of the batch used in the product; and
h. A pass or fail rating based on the laboratory’s microbiological, mycotoxins, and heavy metals and pesticide chemical residue analysis.
Virginia’s Food Safety Department also has specific labeling requirements for food products, which hemp-infused items for human consumption in Virginia must comply with as well:
B. Label information shall include:
The common name of the food, or absent a common name, an adequately descriptive identity statement;
If made from two or more ingredients, a list of ingredients and sub-ingredients in descending order of predominance by weight, including a declaration of artificial colors, artificial flavors, and chemical preservatives, if contained in the food;
An accurate declaration of the net quantity of contents;
The name and place of business of the manufacturer, packer, or distributor; and
The name of the food source for each major food allergen contained in the food unless the food source is already part of the common or usual name of the respective ingredient.
Washington
Washington hemp & CBD products are regulated by the Washington State Department of Agriculture (or WSDA) Hemp Program.
However, this program applies only to hemp farming, and specifically disclaims jurisdiction over processed hemp & CBD products for sale in Washington.
You may be suprised to learn that one of the first legal recreational use states in the US does not have the same level of labeling requirements for Washington CBD products as they do for products in their state medical and rec programs.
Washingtonians interested in trying CBD can look to the state’s MMJ labeling requirements in the hyperlink above for a good guide on what type of information a reputable CBD product’s labeling will contain.
Washington, D.C.
Washington, D.C. is known for some intense gray area and conflicting laws around cannabinoid and flower legality.
For example, under Washington, D.C. Initiative 71, adult use and possession is legal, but selling commercially is prohibited - thus there is legal demand but no widespread legal supply in Washington, D.C.
It should therefore be no suprise that testing and labeling requirements for CBD products for sale in Washington, D.C. are not clear either. Washington, D.C. is one of only a few US regional governments to issue no specific hemp legislation as of 2021.
While CBD products are legal in D.C. under the 2018 Farm Bill, there are no current safety or transparency requirements in place to protect Washington, D.C.’s CBD consumers.
Washington, D.C. residents interested in trying CBD should do research to confirm the labeling accuracy, cannabinoid concentration, and transparency of the CBD product label.
West Virginia
West Virginia is one of the most hemp-friendly states in the US, and one of the few states to have its hemp program certified by the USDA.
West Virginia’s Department of Agriculture has put together a helpful and expansive West Virginia Hemp Products Guide, and labeling requirements begin on page 9 of the pdf document hyperlinked above.
The main requirements for West Virginia CBD product labeling are as follows:
The following requirements must be met for the primary label:
The product must be identified with the generic or common name.
If the product contains CBD or THC, the label must properly identify them.
The net weight or volume of the contents of the package, in both metric and US customary units must be displayed.
The following requirements must be met for the information panel:
Manufacturer’s name and contact information.
Manufacturing or packaging date.
Batch or lot number.
Instructions for use and any preparation needed.
List of all ingredients in descending order by weight or volume.
Allergens if applicable.
Artificial food coloring, if applicable.
Expiration or use by date, if applicable.
Refrigeration or refrigerate after opening warnings, if perishable after opening.
For edible products, sodium, sugar, carbohydrates, and total fat perserving.
The cannabinoid content, in milligrams, may be posted on either the primary or informational panel, and must include:
THC or CBD (if applicable) content per package for all manufactured products.
THC or CBD (if applicable) content per serving for all edibles and concentrates, with designated serving sizes.
A QR code, or similar tool, may be used in lieu of labeling requirements on the physical label’s informational panel for all required information except that required by sections 7.13.a and 7.14. §61-30-8.
As you can see, compliant CBD and hemp products made & sold in West Virginia should be adequately labeled to give you a clear picture of what to expect from its contents and how to use it successfully.
Wisconsin
Wisconsin hemp & CBD products are regulated by the Department of Agriculture, Trade and Consumer Protection.
This organization’s broad focus allows it to apply the following labeling requirements to all packaged consumer goods in Wisconsin, including hemp & CBD product labels:
Declaration of product identity
A packaged product’s labeling must clearly and conspicuously identify the product contained in that package.
The declaration of identity must:
Identify the commodity by its common name, by its legally required name when applicable, or by a generic name or description understood by consumers.
Appear as a principal feature on the principal display panel. The principal display panel is that part of a package which is most likely to be displayed to or examined by a consumer under normal conditions of retail sale.
Not be false, deceptive or misleading. Ingredients or components that are not present in the product in substantial or significantly effective amounts may not be featured in the declaration of identity.
Declaration of responsibility
If a packaged product is sold at a location other than where it was packaged, the product’s labeling must clearly and conspicuously identify the party responsible for the product, including all of the following:
Name of responsible person. This is the name of the manufacturer, packer, or distributor who is responsible for introducing the commodity into commerce in package form. If the responsible person is a corporation, the label must list the legal name of that corporation. If the responsible person is not a corporation, the label must specify the correct name under which that person does business.
Business address. The business address of the responsible person listed above, including the street address, city, state, and ZIP code. The street address may be omitted if it is listed in a readily accessible and publically available source, such as a printed directory or web site. If a person manufactures, packs, or distributes a consumer commodity at a place of business other than the person's principal place of business, the label may disclose the address of that principal place of business rather than the actual place of manufacture, packing, or distribution, provided that the substitute disclosure is not deceptive or misleading.
Connection to commodity. If the responsible person is not the person who manufactured or produced the consumer commodity, the responsible person's name shall be qualified by a phrase, such as "Manufactured for and packed by ______" or "Distributed by ______," that indicates the responsible person's connection to the consumer commodity.
Wisconsin puts a premium on consumer health & safety that includes its growing hemp program. At Periodic Caramels, we are proud to produce our hemp CBD caramels in the great state of Wisconsin.
If you’re in the Appleton, WI area, be sure to stop by our local kitchen to pick up your next hemp-butter edible order!
Wyoming
The Wyoming state government and Wyoming Department of Agriculture have been very slow to establish a hemp program in the state, only passing laws to establish its creation in late 2019.
The Wyoming hemp program’s regulations are understandably still in their infancy, even as legal CBD products have become available for sale in Wyoming.
While Wyoming does have lab testing guidelines for hemp & CBD products, it does not have any current guidance or regulation on Wyoming CBD product labeling requirements.
As such, Wyoming residents interested in trying CBD will need to do their own research to confirm the potency and purity of the CBD product, as well as the transparency of the labeling information. Use our lab results guide to learn what to look for in safe, trustworthy hemp CBD products.
Now that you know what’s required on your CBD product labeling by state, it’s important to note that there are still some areas of consideration when it comes to terms and compounds used on CBD and hemp product labeling.
This legal review article discusses the labeling of "hemp extract" and "full spectrum hemp" - however, very few products fit this definition because they don't truly contain ALL the compounds from the hemp plant.
Important hemp compounds like terpenes and minor cannabinoids are often removed or accidentally lost during common CBD extraction methods, so there may be some dishonesty (whether intentional or not) in this labeling on products that are not backed up by certified lab results.
With the Periodic Caramels craft hemp flower butter extraction process, we are one of the few CBD edibles available nationwide that is truly guaranteed to be full spectrum. It's an infusion process that has been around for hundreds of years - we're harnessing the power of ancient wisdom in our hemp-butter caramels!
Get full-spectrum, quality-assured CBD edibles delivered to your door in 42 CBD-friendly US States!
Like CBD content, many states also have no requirements at all on labeling or testing for minor cannabinoids and terpenes!
This makes it even harder to get a consistent CBD experience, as terpenes and minor cannabinoids can play a huge role in the final effects of CBD.
Try experimenting with lab-certified full spectrum CBD edible products and see if you notice any difference in the effects & experience from isolated CBD products you might have tried.
Final Thoughts
We hope that this review of the CBD labeling requirements in all 50 US states and Washington D.C. has helped you better navigate the CBD product offerings available to you.
At Periodic Caramels, our mission is not only to provide the highest-quality full spectrum hemp edibles on the market, but to help educate consumers on how to make safe & healthy product choices for their CBD needs.
If you have specific questions about how you can get the most out of CBD for your specific needs, please feel free to contact us for personalized guidance! We are here to help you.