What Are State-Specific Rules for CBD Products?

by Lee Simpson, Founder of King Harvest

Since the 2018 Farm Bill, hemp-derived CBD (≤0.3% Δ9-THC by dry weight) has a federal pathway—but states set the practical rules consumers and brands live with: who may produce/sell, how products are labeled and tested, where they can be shipped, and which formats (foods, beverages, inhalables) are allowed. Here’s a plain-English map of the landscape in 2025 so you can buy and operate confidently and compliantly.

Federal baseline (what the Farm Bill did—and didn’t—do)

• Legal hemp: Cannabis ≤0.3% Δ9-THC by dry weight is “hemp,” not marijuana, under federal law.
• Agency roles: USDA oversees hemp cultivation plans; FDA retains authority over foods, beverages, dietary supplements, and therapeutic claims; FTC/USPS/CBP also matter for ads, mail, imports.
• Not automatic for all formats: FDA hasn’t created a broad dietary-supplement pathway for CBD; states often fill the gap with their own food/supplement rules.

State-level themes you’ll see in 2025

• Licensing: Many states require state-issued manufacturing and/or retail registrations for hemp-CBD.
• Testing + COAs: Batch testing (potency + contaminants) and scannable QR codes linking to COAs are common.
• Labeling: Net contents, cannabinoid content per serving, ingredient list, batch/lot, warnings (age-restricted sale in some states), and origin.
• Format restrictions: Some restrict foods/beverages, inhalables, or animal products; others permit them with extra rules.
• Shipping: Direct-to-consumer shipping is broadly allowed for compliant hemp-CBD, but a few states limit certain formats.

Selected state snapshots (not exhaustive; check current rules)

• California (CA): Food/beverage CBD now permitted under state hemp rules with specific manufacturing registration, testing, and labeling; intoxicating hemp derivatives restricted.
• New York (NY): Comprehensive hemp cannabinoid regulations: age limits, serving caps for certain cannabinoids, QR-linked COAs, manufacturer permits, and retail licenses.
• Florida (FL): Hemp foods/supplements allowed with Department of Agriculture & Consumer Services food permits, batch COAs, and label warnings.
• Texas (TX): State retail/manufacturing registrations, QR-code COAs; food/supplement formats allowed with labeling and testing; smokable hemp restricted in intrastate manufacturing.
• Indiana (IN): Pioneered QR-code/traceability and batch disclosure requirements; strict label accuracy and retailer obligations.

Consumer checklist (buy smart, buy safe)

• Scan the QR code for a batch-matched COA (potency + heavy metals, pesticides, solvents, microbials).
• Confirm ≤0.3% Δ9-THC (and mind total THC rules where applicable).
• Look for manufacturer name, lot/batch, mg per serving, and clear directions/warnings.
• Beware of disease-treating claims (“cures anxiety/cancer”); these trigger FDA/FTC risk.

Operator checklist (sell what you can defend)

• License/registration: Hold required manufacturer/retail licenses in each state you operate.
• Testing cadence: Pre-harvest (where required) + finished-good batch testing; retain COAs and stability data.
• Label architecture: Per-state templates (age gates, serving limits, QR, origin, warnings).
• Claims discipline: Structure-function language; avoid disease claims; substantiate testimonials; train staff.
• Shipping matrix: Maintain a state-by-state allow/restrict map by format (tinctures, edibles, pet, vape).

Where King Harvest fits

We publish batch COAs for every product and design labels for clarity and traceability. Need help matching a lot to its COA or understanding your state’s rules? Schedule a compliance consult or browse our COA-verified lineup.