Culture, Food, Politics

Cannabis Edible Laws: A State-By-State Breakdown

With half of the United States having legalized cannabis in some form, cannabis infused edibles are in their own league of delivering a unique cannabis experience. For this reason and more, the regulations regarding cannabis-infused edibles vary from state-to-state. Check out our breakdown of where you can enjoy treats as a medical or recreational patient compared to the states that just say no to cannabis edibles.

Alabama

Alabama’s generally harsh cannabis laws don’t allow cannabis edibles. Carly’s Law, however, was signed on April 1, 2014 which allows researcher to administer CBD oil to children in federally approved clinical trials, and on June 1, 2016 Gov. Robert Bentley signed Leni’s Law which decriminalized CBD.

Alaska

Ballot Measure 2 went into effect February 24, 2015, and cannabis edibles are legal for adults over 21 including infused foods, drinks, candies, tinctures and oil, according to the Alaska Department of Health and Social Services.

Arizona

cannabis edibles are available for registered medical cannabis patients, however the Arizona Department of Health Services frequently sends secret shoppers to determine if medical cannabis businesses label cannabis edibles correctly under its strict guidelines. Public edible consumption is legal for card-carrying patients, so long as the individual isn’t driving or is negligent.

Arkansas

cannabis edibles are legal for registered patients and sales are expected to begin in January 2018. In March, a proposed bill to ban all edibles failed in the Arkansas House. Registered medical cannabis patients and caregivers can legally possess and consume cannabis edibles.

California

cannabis edibles are legal for qualified patients and adults, but strict proposed manufacturing regulations are in the works. Assembly Bill 823 would ban cannabis-infused alcoholic drinks, products with butter, vacuum-sealed products and more. Assembly Bill 350, a ban on gummy bear-shaped cannabis edibles, is also currently underway. Under Proposition 64, the maximum milligrams-per-serving of THC in edibles is set at 10 milligrams.

Colorado

Edible sales are quite common for adults and patients in Colorado, however, House Bill 16-1436 recently banned animal- and fruit-shaped edibles. Many restrictions already apply, including the maximum milligrams-per-serving of THC set at 10 milligrams and a limit of100 milligrams of total THC. Edible potency must be labeled in a font two sizes larger than the rest of product typography. Strict dosage and THC warning labels also apply.

Connecticut

Act 12-55 was signed on May 31, 2012, which legalized medical cannabis. The laws allow medical cannabis in the forms of pills, creams and edibles, given they are in compliance with the Connecticut Food, Drug and Cosmetic Act and various Connecticut General Statutes.

Delaware

2011’s Delaware Medical Marijuana Act allows qualified patients to obtain cannabis from state-licensed dispensaries, and edibles are permitted for Delaware medical cannabis patients.

Florida

Per Florida law, cannabis edibles are not allowed for medical cannabis patients until Florida’s Department of Health hashes out edible regulations. Section 381.986 Florida Statutes directs the department to create rules for edible products. On September 29, a petition was filed to open up the market to cannabis edibles along with edible draft rules.

Georgia

cannabis edibles are not permitted for medical cannabis consumption in Georgia. Georgia, however, allows patients who have one or more of 15 qualifying medical conditions to possess up to 20 fluid ounces of low-grade THC oil.

Hawaii

Act 241 was passed on July 14, 2015, finally allowing medical cannabis dispensaries. Patients may possess up to four ounces of cannabis or cannabis product (including cannabis edibles ).

Idaho

Idaho does not have a medical cannabis program or even a CBD program, and cannabis edibles are illegal. Possession of three ounces or less of any kind of cannabis is punishable at a minimum by a misdemeanor, as well as a maximum $1,000 fine and one year imprisonment.

Illinois

Edible products sold at Illinois dispensaries cannot be perishable such as baked goods, but stable items like chocolate are fine. Illinois’ Compassionate Use of Medical Cannabis Pilot Program began on January 1, 2014 and will run until it expires on July 1, 2020. Qualified patients are allowed to possess up to 2.5 ounces of usable cannabis. On December 19, 2015, the first cannabis edibles went on sale in Illinois.

Indiana

Medical cannabis edibles are not legal in Indiana. The state does however allow low-THC cannabis products for patients who suffer from treatment-resistant epilepsy through HB-1124, which was passed by Gov. Eric Holcomb in May 2017.

Iowa

Medical cannabis edibles are not legal in Iowa. Through House File 524, there was an expansion of the 2014 medical cannabis program which allows medical conditions to qualify patients for medical cannabis in the state. As of October 2017, an advisory panel in Iowa has been tasked to expand the state medical cannabis program to include cultivation and dispensing of cannabis oil.

Kansas

This state is one of few that has no medical cannabis program or laws, and thus also does not allow cannabis edibles. The 2017 legislation came and went, and no progress was made for medical cannabis. Multiple bills were proposed to enact a medical cannabis program but each one died in committee.

Kentucky

Medical cannabis edible products are not currently allowed in Kentucky. The latest win for cannabis happened back in 2014, when SB-124 was signed by Gov. Steve Beshear. Through that, patients may use cannabis if approved and prescribed by a doctor but the bill is very limited in who qualifies. Medical cannabis bills such as SB-76 were introduced during both the 2016 and 2017 legislative sessions, but none received enough attention before the session ended.

Louisiana

The Louisiana medical cannabis law, SB-143, was passed in 2015 but still has yet to be put into action due to numerous setbacks—and implementation isn’t expected until 2018. Although the bill technically allows for medical cannabis patients to gain access through cannabis in oil, pill, spray and topical form, it can’t be sold in a smokable form, nor consumed through cannabis edibles.

Maine

Question 1 was approved by voters in late 2016, effectively legalizing recreational cannabis in the state, and the state still utilizes a thorough medical cannabis program. While the medical cannabis program covers a variety of medical conditions to qualify for cannabis use, it also specifies strict requirements. Edible cannabis is among the approved non-smokable forms of cannabis that are allowed for patients in hospice or in hospitals.

Maryland

Edible cannabis products are allowed in Maryland through its medical cannabis program. The Maryland Medical Cannabis Commission dictates these rules as allowing non-smoking versions of cannabis, including extracts, lotions, ointments and tinctures. The Commission notes that while extracts can be used in foods, “Edible cannabis products will not be available from dispensaries in Maryland.”

Massachusetts

In Massachusetts, edible cannabis products are allowed. In mid-2017, the state’s medical and recreational cannabis laws, including new packaging and labeling requirements.

Michigan

The Michigan Medical Marihuana Act (MMMA) has existed since 2008, but the MMMA was amended in late-2016 to allow cannabis infused food products. Now, the definition of a infused product is better defined, and medical cannabis patients are now allowed to consume cannabis-infused products.

Minnesota

The only legal forms for medical cannabis patients to medicate with in Minnesota are pills, oils, topicals and liquids. Raw cannabis leaves, flowers and cannabis edibles are not allowed.

Mississippi

Medical cannabis is only available to patients in Mississippi through CBD oil, which much be obtained from a licensed physician. House Bill 1231 dictates that the oil must be tested and dispensed by the University of Mississippi. No other forms of cannabis, including cannabis edibles, are allowed.

Missouri

cannabis edibles as a form of medication are not allowed in Missouri. House Bill 2238 strictly defines the usage of hemp CBD oil as the only allowable cannabis medicine.

Montana

The Montana Marijuana Act allows patients with many different qualifying conditions to use medical cannabis. Most forms of cannabis, including cannabis edibles, are legal for medical cannabis patients.

Nebraska

While Nebraska has made some steps toward decriminalization, there is still no medical cannabis program in the state and edibles are illegal. Be aware of local laws, because in some Nebraska counties, including Deuel County, possession of cannabis edibles is considered a felony, while in others, punishment is a $300 fine for the first offense.

Nevada

As of January 1, anyone 21 and over with valid identification can legally purchase up to an eighth ounce of cannabis edibles or concentrate under Question 2, however consuming edibles in public can lead to a $600 ticket.

New Hampshire

On July 18, Gov. Chris Sununu signed House Bill 640 which decriminalized up to three-quarters of an ounce of cannabis. Those who are caught with personal amounts only receive a civil violation. The same rules apply to cannabis edibles.

New Jersey

The New Jersey Compassionate Use Medical Marijuana Act allows for the use of medical cannabis, however, its restrictive approach doesn’t allow cannabis edibles other than capsules, syrups and syrups for those with serious medical conditions.

New Mexico

The New Mexico Marijuana Legalization Amendment allows for concentrates and cannabis edibles to be sold under specific regulations. Qualified patients may possess up to eight ounces of medical cannabis in a 90-day period.

New York

Although New York’s medical cannabis laws were expanded on March 22, smokable forms of cannabis are not permitted. According to the New York Department of Health, the regulations prohibit cannabis edibles as well other than liquids, oils and similar products.

North Carolina

North Carolina’s CBD-specific cannabis law allows only CBD to certain patients with intractable epilepsy. As of now, cannabis edibles are not allowed in the state, however efforts are underway to legalize medical cannabis.

North Dakota

Under Senate Bill 2344, North Dakota’s medical cannabis program is expected to be operational by summer 2018. But patients are only permitted to obtain cannabis infused tinctures, capsules, patches, or topical unless they obtain a special permit for cannabis edibles made using combustion.

Ohio

Under House Bill 523, all types of medical cannabis are illegal in Ohio; therefore cannabis edibles are illegal as well. Ohio’s medical cannabis program is still not operational, but is expected to be up by September 2018.

Oklahoma

Oklahoma does not have a medical cannabis program, and cannabis edibles are illegal. The only permitted cannabis is CBD oil, which was legalized in April 2015. Oklahoma will vote on medical cannabis with Question 788 on November 6, 2018 or an earlier designated date.

Oregon

Recreational cannabis laws allow for adults ages 21 and over the use of dried cannabis flower. cannabis edibles can only contain a maximum of 5mg of THC per serving and recreational edibles can have no more than 50mg of THC total.

Pennsylvania

Pennsylvania recently legalized medical cannabis with Senate Bill 3, but only pills, oils, gels, creams, ointments, tinctures, liquid, and non-whole plant forms. Dispensaries cannot sell cannabis edibles, but patients are free to make their own cannabis edibles at home.

Rhode Island

Rhode Island’s comprehensive Medical Marijuana Act does allow for the use of all types of medical cannabis, which allows cannabis edibles and baked goods. Qualified patients can possess up to 10 ounces of usable cannabis.

South Carolina

Patients with severe epilepsy and other medical conditions can obtain CBD oil in the state of South Carolina with a doctor recommendation.

South Dakota

All types of medical cannabis are not permitted in South Dakota, with no exception made for edible forms of cannabis.

Tennessee

The only type of cannabis permitted in Tennessee is through a CBD oil research program for patients with intractable seizures. This means that edible cannabis products are illegal.

Texas

Texas legislation allows those suffering from severe forms of epilepsy access to CBD oil. That is unfortunately the current extent of their medical cannabis program, and therefore cannabis edibles are not permissible by state law.

Utah

The only type of cannabis permitted is high-CBD, low-THC cannabis oil for patients suffering from severe seizures.

Vermont

Vermont has an established medical cannabis program. Licensed dispensaries are allowed to sell cannabis-infused products such as cannabis edibles.

Virginia

Although medical cannabis and infused products like cannabis edibles are not permitted in Virginia, the state does allow patients with epilepsy access to CBD oil.

Washington

Adults ages 21 and over are permitted to use cannabis recreationally and medically. cannabis edibles and concentrates are permitted in Washington.

West Virginia

Although West Virginia does have a medical cannabis program, it is not operational. Dispensaries will not be operating and patient cards will not be issued until 2019.

Wisconsin

Wisconsin only allows for patients with epilepsy access to high CBD extracts of medical cannabis. This means that psychoactive cannabis edibles are not allowed.

Wyoming

The Cowboy State is not a place you want to consume cannabis edibles. Non-psychoactive cannabis extracts are only permitted for medicinal use by those with severe seizure disorders.

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