The question of how old a person must be to use products containing Cannabidiol (CBD) is complex because no single, nationwide standard exists. CBD is a non-intoxicating compound derived from the Cannabis sativa plant, which has been the subject of significant regulatory change across the United States. While CBD does not produce the psychoactive effects associated with Delta-9 Tetrahydrocannabinol (THC), the compound’s regulatory status is constantly evolving. The legal age to purchase CBD depends entirely on the product’s source, its THC content, and the specific state or even the retailer’s policy.
The Federal Baseline and Defining CBD Source
The foundation for the modern CBD market was established by the Agriculture Improvement Act of 2018, commonly known as the 2018 Farm Bill. This federal legislation legally redefined hemp as any part of the Cannabis sativa L. plant containing no more than 0.3% Delta-9 THC on a dry weight basis, effectively removing it from the federal list of controlled substances. This distinction created a federally legal pathway for hemp-derived CBD products, but the law itself did not set a minimum age requirement for consumers.
The federal law’s focus was on the plant’s origin, differentiating hemp-derived CBD from marijuana-derived CBD, which remains federally illegal. Products sourced from cannabis plants with a THC concentration above the 0.3% threshold are still classified as marijuana under federal law and are subject to much stricter state-level cannabis regulations. The source of the CBD dictates the baseline legal status, setting the stage for state-level age restrictions.
Age Restrictions Based on THC Content and Product Type
The typical age requirements for purchasing CBD are directly linked to the product’s classification, specifically its THC concentration and where it is sold. For standard hemp-derived CBD products containing less than 0.3% THC, the most common legal minimum age set by states is 18 years old. This age limit often applies to items like oils, tinctures, and topicals, reflecting the non-intoxicating nature of the product.
However, many major national retailers and online platforms have voluntarily set their age limit at 21 years old, aligning with the purchase age for tobacco and alcohol, despite state laws allowing sales at 18. This creates a market discrepancy where a consumer may be legally permitted to purchase CBD at 18, but be denied the sale based on the store’s internal policy. Furthermore, some states specifically target CBD edibles and vapes, requiring purchasers to be 21, even if the THC content is below the 0.3% threshold.
Conversely, CBD products derived from marijuana or those containing higher levels of THC are typically sold exclusively within state-licensed recreational cannabis dispensaries. In states with adult-use cannabis programs, the minimum age to enter and purchase any product is uniformly set at 21 years old. This restriction is tied to the state’s recreational marijuana laws, regardless of the CBD content.
State-Level Variations and Purchase Requirements
Age requirements for CBD vary significantly across the country because states retain the authority to set their own purchasing regulations. While many states default to an age of 18 for hemp-derived CBD, a smaller number of states have explicitly imposed a 21-year-old minimum for all CBD sales, treating the products similarly to tobacco. Other states, such as Texas, have not set a statutory minimum age for hemp-derived CBD consumables, effectively deferring to the 18+ requirement often imposed by retailers.
This variance can extend to where CBD is sold and the specific product type. For instance, some state regulations focus on regulating the transaction itself, prohibiting the sale of hemp-derived products to minors in certain retail environments like convenience stores or gas stations. States may also regulate online sales, requiring age verification pop-ups or delivery services that demand an adult signature.
Medical Exceptions and Parental Consent
A distinct legal pathway exists for minors who require CBD for certain medical conditions, bypassing the standard 18 or 21-year-old age limits. The most notable example involves the treatment of severe, rare forms of epilepsy, such as Dravet syndrome and Lennox-Gastaut syndrome. For these conditions, the Food and Drug Administration (FDA) has approved a purified, pharmaceutical-grade CBD solution, Epidiolex, for patients as young as two years old.
Beyond this FDA-approved medication, many states with medical cannabis programs allow minors to access high-CBD, low-THC products. This typically requires a physician’s recommendation or certification and the explicit consent of a parent or legal guardian who must act as the minor’s designated caregiver. The caregiver is then responsible for purchasing, possessing, and administering the product, which is often done through a state-licensed medical dispensary. This exception is limited to patients with specific qualifying conditions, ensuring the product is used under medical supervision.