Is CBD Legal for Seniors? Guide to Federal, State, and Travel Law

Written by Debra Dullaghan

Updated and Legally Reviewed on 2/17/2026

Cannabidiol, commonly known as CBD, is a naturally occurring compound derived from the cannabis plant. Unlike tetrahydrocannabinol (THC), CBD is non-intoxicating and does not produce a “high.” In recent years, CBD for seniors has become a widely discussed topic as older adults explore plant-based wellness options to support comfort, balance, and overall quality of life as they age.

As interest in CBD for seniors continues to grow, understanding the legal landscape surrounding CBD is essential. The legality of CBD directly affects how products are made, labeled, sold, and accessed — and whether those products meet federal and state compliance standards. Because CBD laws vary by jurisdiction and continue to evolve, staying informed helps seniors make thoughtful, responsible decisions when considering hemp-derived CBD products for seniors. A clear understanding of current regulations supports safer purchasing choices and reduces the risk of unknowingly buying non-compliant or improperly labeled products.

Federal Legal Status of CBD in the United States

The federal legal framework for CBD for seniors in the United States is rooted in the Agriculture Improvement Act of 2018, commonly known as the 2018 Farm Bill. This legislation removed hemp from the federal definition of marijuana under the Controlled Substances Act, redefined hemp as an ‘agricultural commodity’ distinct from marijuana, and legalized the cultivation and production of hemp at the federal level. Under federal law, hemp is defined as cannabis containing no more than 0.3% delta-9 THC on a dry weight basis.¹

This distinction between hemp and marijuana was a pivotal shift, as marijuana — defined as cannabis with higher THC concentrations — remains a federally controlled Schedule I substance. As a result, hemp-derived compounds, including CBD, may be lawfully produced when they meet the statutory definition of hemp and comply with federal and state hemp production and other regulatory requirements. For seniors exploring hemp-derived CBG, CBN, and CBD products, this distinction is critical, as legality depends not only on the presence of CBD, but on THC content and regulatory compliance throughout the production, marketing and sale/dispensing process.

While hemp cultivation is federally legal, the regulation of finished CBD products falls under the authority of the U.S. Food and Drug Administration (FDA).² The FDA is responsible for overseeing how CBD products are marketed, labeled, and introduced into interstate commerce. To date, the FDA has approved only one CBD-based prescription drug — Epidiolex — for specific, rare seizure disorders.³ Outside of this approved pharmaceutical use, the FDA has not authorized CBD for inclusion in dietary supplements or conventional foods, citing ongoing safety and regulatory concerns.⁴

This regulatory posture has created a complex environment for consumers, including seniors seeking CBD, CBG, and CBN for wellness purposes. While hemp-derived CBD itself is not a controlled substance when produced in compliance with federal law, the legality of individual CBD products depends on how they are manufactured, marketed, and sold. Understanding this distinction helps seniors make more informed decisions and underscores the importance of purchasing CBD products from reputable companies that prioritize transparency, testing, and regulatory compliance.

State-Level Variations on CBD in the United States

Although hemp-derived CBD is not a controlled substance under federal law when produced in compliance with the 2018 Farm Bill, individual states maintain their own CBD and hemp regulations.⁵ These rules affect how seniors can buy, possess, and use CBD products within each state. Because hemp laws vary, what is legal in one state may be restricted or prohibited in another. This makes it important for seniors to understand the specific legal environment where they live or travel.

Beyond basic legality, states differ in how they govern licensing, testing, labeling, and allowable product types (such as smokable hemp flower vs. oils and topicals).⁵ In some states, additional restrictions apply to certain product forms even though hemp-derived CBD is legal in general. This table gives a high-level snapshot of state CBD legal status as of 2025, focusing specifically on hemp-derived CBD products containing no more than 0.3% THC (except where noted).

Note: “Fully Legal” means hemp-derived CBD products are permitted with standard state licensing/testing requirements and no unusual THC restrictions. “Restricted” means state-specific additional limitations apply (e.g., THC must be 0%, or certain product forms are limited). “Cannabis Regulated” means CBD is generally available where state medical or recreational cannabis programs exist, but rules differ based on licensing and source of the CBD. This table does not address every nuance; always check official state codes for details.

CBD Legal Status by State (Hemp-Derived CBD)

Key takeaways for seniors

• In most states, hemp-derived CBD products that meet the federal definition of hemp (≤0.3% THC) are legal to buy and use under state law, for both medical and adult (recreational) use.

• Idaho and Kansas are notable exceptions where additional state THC restrictions apply, requiring 0% THC in CBD products.

• In states with regulated cannabis programs, CBD products are broadly available, but cannabis-derived products may be governed by separate licensing systems.

• Because state regulatory structures, THC thresholds, and testing requirements differ, it’s important for seniors to consult official state government resources, state health/agriculture departments or local attorneys for current specifics.

How Seniors Can Check Their State’s Official CBD Laws

Because state laws governing CBD for seniors can change over time, the most reliable way to confirm whether a CBD product is legal in your state is to consult official government sources or a local attorney. Third-party summaries and blogs can be helpful, but they may become outdated as regulations evolve.

Here are the most trustworthy ways to verify current CBD and hemp laws in your state:

State Department of Agriculture or Hemp Program Website

Most states regulate hemp production through their Department of Agriculture or a designated hemp program. These agencies publish up-to-date guidance on:

• Legal THC limits for hemp and CBD products

• Licensing and testing requirements

• Approved product types

Search:

“YOUR STATE Department of Agriculture hemp CBD”

State Health Department or Food & Drug Authority

If you’re purchasing ingestible CBD products (such as oils, softgels, or gummies), your state health department may provide guidance on:

• Whether CBD is permitted in dietary supplements or foods

• Labeling and safety requirements

• Enforcement policies related to CBD products

Search:

“YOUR STATE health department CBD guidance”

Official State Statutes and Codes

For those who want the most precise legal language, state laws are published online through official legislative websites. These statutes define how hemp, CBD, and THC are regulated under state law.

Search:

“YOUR STATE hemp law statute”
“YOUR STATE CBD legal code”

State Attorney General or Consumer Protection Pages

Some states publish consumer-focused guidance explaining what is legal to buy and what to avoid. These resources can be especially helpful for seniors who want clear, plain-language explanations.

Search:

“YOUR STATE attorney general CBD hemp”

A Practical Tip for Seniors

Even in states where hemp-derived CBD is legal, product compliance still matters. When shopping for CBD:

• Look for products made from hemp containing no more than 0.3% THC

• Review third-party Certificates of Analysis (COAs)

• Choose brands that clearly disclose testing, sourcing, and labeling information

Taking these steps helps reduce legal risk and supports safer, more informed decisions when considering CBD for senior wellness.

International Legal Status of CBD

The international legal status of CBD for seniors varies significantly from country to country, and in many cases is more restrictive than in the United States. While some nations permit the sale and use of hemp-derived CBD under regulated conditions, others treat CBD the same as cannabis or prohibit it altogether. For seniors who travel internationally or purchase products from overseas retailers, understanding these differences is especially important.

In parts of Europe, Canada, and the United Kingdom, CBD is generally permitted when it meets specific regulatory requirements, including strict THC limits and product safety standards.⁶ In these regions, CBD is typically regulated as a controlled wellness or consumer product rather than a dietary supplement, and products must comply with local food, novel food, or health product regulations. Importantly, legality often depends not only on THC content, but also on how the product is classified and marketed under local law.

By contrast, many countries in Asia and the Middle East maintain highly restrictive cannabis policies. In these regions, CBD may be treated the same as marijuana regardless of THC content, resulting in outright bans or severe penalties for possession. Countries such as Singapore and several Middle Eastern nations enforce strict anti-cannabis laws, while other jurisdictions impose narrow allowances or zero-tolerance THC policies that can make even trace amounts legally problematic. In Australia, for example, CBD is regulated through the national therapeutic goods framework and may require a prescription or pharmacist involvement depending on the formulation and dosage.

For seniors traveling internationally, caution is essential. Even products that are legal in the United States may be illegal at a destination or during transit. Before traveling with any CBD product, it is strongly recommended to research the laws of the destination country — and any countries where layovers occur. In jurisdictions with restrictive laws, the safest approach is often to avoid traveling with CBD altogether. Where CBD is permitted under regulated conditions, documentation such as a certificate of analysis (COA), proof of THC content, or a physician’s authorization (if applicable) may be required, though these documents do not guarantee legal protection.

Understanding international CBD laws helps seniors avoid unintended legal consequences and underscores the importance of treating CBD as a jurisdiction-specific product rather than a universally legal wellness option.

Legal Implications for Seniors Considering CBD

Seniors who are considering CBD for wellness support should understand the legal considerations that surround purchasing, possessing, and using CBD products. While hemp-derived CBD may be lawful under federal law when produced in compliance with the 2018 Farm Bill, individual products must still meet specific regulatory requirements to be considered legal and compliant.

When purchasing CBD, seniors should:

• Look for products made from hemp containing no more than 0.3% delta-9 THC, as defined under federal law.

• Verify that products have undergone independent third-party testing, with a readily available Certificate of Analysis (COA) confirming cannabinoid content and screening for contaminants such as pesticides, heavy metals, and residual solvents.

• Make sure that products comply with applicable state-level labeling, packaging, and testing requirements, which may vary by jurisdiction.

Purchasing non-compliant CBD products can carry legal and practical risks. Products that exceed legal THC limits or are inaccurately labeled may be subject to enforcement action and could pose legal issues during interstate travel or in states with stricter hemp regulations. From a safety standpoint, improperly tested products may also carry a higher risk of contamination or inconsistent potency, underscoring the importance of buying from reputable and transparent manufacturers.

CBD use can also raise considerations in workplace settings. Although many employers do not explicitly prohibit CBD, drug testing policies typically screen for THC, not CBD.⁷ Even legally produced hemp-derived products may contain trace amounts of THC, which in rare cases could contribute to a positive drug test result. Seniors who are still employed — particularly in safety-sensitive or regulated industries — should review their employer’s drug and substance use policies carefully.

For those concerned about drug testing, products marketed as THC-free may reduce risk, but no product can be guaranteed to be entirely free of trace THC without verification.⁸ Broad spectrum CBD products are typically formulated to remove THC, but this should never be assumed. Reviewing current third-party lab results is essential before purchasing any CBD product. Taking a cautious and informed approach helps seniors minimize legal, employment, and safety-related risks while navigating the evolving CBD marketplace.

The Future of CBD Legislation

The future of CBD legislation in the United States continues to evolve as public interest in CBD for seniors and other adult populations grows. At both the federal and state levels, lawmakers and regulators are actively evaluating how hemp-derived CBD should be regulated within existing legal frameworks. Ongoing legislative discussions focus on clarifying how CBD may be lawfully used in consumer products, including questions around food, beverages, and dietary supplements, as well as how those products should be tested, labeled, and marketed.

One area of increasing attention is the lack of uniformity across state regulations. Policymakers and industry stakeholders have raised concerns about inconsistent testing standards, labeling requirements, and enforcement practices from state to state. Future legislation may seek to establish clearer national guardrails that improve consumer protection while providing more predictable compliance standards for manufacturers and retailers. For seniors, greater regulatory and CBD dosing clarity could translate into improved transparency and confidence when evaluating CBD products.

Regulatory agencies such as the U.S. Food and Drug Administration continue to emphasize the need for additional data on CBD safety, particularly with long-term use and cumulative exposure. As research expands and regulatory review continues, agencies may refine their guidance on how CBD, CBN, and CBG for seniors fits within existing food and supplement laws. Any future changes are likely to prioritize consumer safety, accurate labeling, and responsible marketing rather than rapid market expansion.

Advocacy and consumer engagement also play an important role in shaping the regulatory environment. Seniors and other consumers increasingly expect clear information, verified testing, and truthful product claims. By supporting brands that prioritize compliance and transparency, consumers help reinforce higher industry standards. Advocacy organizations and policymakers, in turn, continue to evaluate how to balance access to hemp-derived products with appropriate regulatory oversight.

The Larger Picture on CBD Legality for Seniors

The legal landscape surrounding CBD is complex and continues to change at the federal, state, and international levels. For seniors considering CBD, understanding these legal distinctions is essential for making informed and responsible decisions. From the federal definition of hemp under the 2018 Farm Bill to evolving FDA oversight and state-specific regulations, CBD legality depends on multiple factors, including THC content, product formulation, marketing, labeling, distribution and sales, and intended use.

As interest in CBD, CBG, and CBN for seniors grows, staying informed about current laws and regulatory guidance helps reduce legal risk and supports safer purchasing decisions. While legislation and enforcement priorities may continue to shift, choosing compliant products from reputable companies — and remaining attentive to regulatory updates — allows seniors to navigate the CBD marketplace with greater confidence while supporting the development of a more transparent and responsibly regulated industry.

Legal Disclaimer: This article is intended for informational purposes only and should not be interpreted as legal or medical advice. CBD laws and regulations vary by state and country and are subject to change. Individuals should verify current laws and consult appropriate legal professionals before purchasing or using CBD products or with any questions or concerns regarding the legal landscape.

Frequently Asked Questions About CBD for Seniors

Is CBD legal for seniors in the United States?

Hemp-derived CBD is federally legal in the United States when it is produced from hemp containing no more than 0.3% delta-9 THC and complies with applicable federal and state laws. However, individual states may impose additional requirements related to testing, labeling, or product types. Seniors should always verify their state’s current regulations before purchasing CBD products.

What is the difference between hemp-derived CBD and marijuana-derived CBD?

Hemp-derived CBD comes from cannabis plants that contain 0.3% THC or less and is regulated under federal hemp law. Marijuana-derived CBD comes from cannabis with higher THC levels and is subject to state cannabis laws. This distinction is important because marijuana remains federally illegal as a Schedule I Controlled Substance, while compliant hemp-derived CBD is not a controlled substance under federal law.⁹

Can seniors legally travel with CBD products?

Traveling with CBD can be legally complex. Within the United States, hemp-derived CBD may be legal federally, but state laws can vary. International travel poses additional risks, as some countries prohibit CBD entirely regardless of THC content; and penalties can be severe, including imprisonment. Seniors should research destination laws carefully and consider avoiding travel with CBD products where regulations are unclear or restrictive.

How can seniors tell if a CBD product is legally compliant?

A compliant CBD product should be derived from hemp, contain no more than 0.3% THC, and be supported by a recent third-party Certificate of Analysis (COA). The COA should confirm cannabinoid content and screen for contaminants. Clear labeling, transparent sourcing, and access to lab results are key indicators of compliance.

Will using CBD affect drug testing for seniors who are still working?

Most workplace drug tests screen for THC, not CBD. However, even legally produced hemp-derived CBD products may contain trace amounts of THC. In rare cases, this could contribute to a positive drug test. Seniors who are subject to workplace drug testing should review employer policies carefully and verify lab results before using any CBD product.

Are CBD laws expected to change in the future?

CBD laws continue to evolve at both the federal and state levels. Lawmakers and regulatory agencies are actively reviewing how hemp-derived CBD should be regulated, particularly in relation to labeling, testing, and consumer safety. Seniors are encouraged to stay informed through official government sources, as regulations may change over time.

Sources Cited

1. U.S. Congress. 7 U.S.C. § 1639o — Definition of Hemp. U.S. Code. https://uscode.house.gov/view.xhtml?req=(title:7%20section:1639o%20edition:prelim)

2. Establishment of a Domestic Hemp Production Program, 86 Fed. Reg. 5596 (Jan. 19, 2021). https://www.federalregister.gov/documents/2021/01/19/2021-00967/establishment-of-a-domestic-hemp-production-program

3. U.S. Food and Drug Administration (FDA). Epidiolex (cannabidiol) prescribing information (2018). https://www.accessdata.fda.gov/drugsatfda_docs/label/2018/210365lbl.pdf

4. U.S. Food and Drug Administration (FDA). FDA Regulation of Cannabis and Cannabis-Derived Products, Including Cannabidiol (CBD). https://www.fda.gov/news-events/public-health-focus/fda-regulation-cannabis-and-cannabis-derived-products-including-cannabidiol-cbd

5. National Conference of State Legislatures (NCSL). Brief: Regulating Hemp and Cannabis-Based Products (Updated April 30, 2022). https://www.ncsl.org/agriculture-and-rural-development/regulating-hemp-and-cannabis-based-products

6. Food Standards Agency (FSA). Cannabidiol (CBD) Guidance — Business Guidance on CBD as a Novel Food. https://www.food.gov.uk/business-guidance/cannabidiol-cbd

7. U.S. Department of Transportation (DOT). DOT “CBD” Notice — Office of Drug & Alcohol Policy & Compliance (Feb. 18, 2020). https://www.transportation.gov/odapc/cbd-notice

8. Johns Hopkins Medicine. Some CBD Products May Yield Cannabis-Positive Urine Drug Tests (Nov. 4, 2019). https://www.hopkinsmedicine.org/news/newsroom/news-releases/2019/11/some-cbd-products-may-yield-cannabis-positive-urine-drug-tests 

9. Congressional Research Service (CRS). Changes to the Federal Definition of Hemp: Legal Considerations Under the Controlled Substances Act (CRS Report No. LSB11381, Dec. 2025). https://www.congress.gov/crs-product/LSB11381