There is no minimum age required by federal law for hemp-derived CBD, so there is no federal law that prohibits a minor from having hemp-derived CBD. Limits are set by states and stores. Texas and Tennessee have a minimum age of 21 years; Washington DC has a minimum age of 18 years for hemp CBD; and many retailers impose their own minimum age of either 18 or 21 years. Only one FDA-approved CBD medicine, Epidiolex, is used to treat some types of seizures in people as young as one year.
Key Takeaways
- There is no federal legislation that establishes a minimum age for hemp derived CBD.
- States decide. Hearts of Texas and Tennessee are 21 and Washington DC is 18 for hemp CBD.
- Retailers are often limited by themselves, typically to 18 or 21.
- CBD has only been approved for children as a prescription drug for certain types of seizures (Epidiolex).
- Children can be at risk of unregulated CBD products with inaccurate labels and hidden THC.
Does Federal Law Allow CBD for Minors?
While federal law doesn’t prohibit minors from having hemp-derived CBD, it doesn’t allow anyone to sell it to them either.
The 2018 Farm Bill decriminalized hemp, or cannabis with less than 0.3 percent delta-9 THC on a dry matter basis. There is no age restriction in the law. A more recent federal modification (Public Law 119-37) sets the maximum total THC content for finished hemp products at 0.4 milligrams per container. Most of that change was shifted to December 11, 2026, with a stopgap law signed September 2, 2026. Those who have studied the text say that it doesn’t also set an age to purchase. A separate bill has been introduced in Congress that would establish a federal age of 21, but it has been languishing. Until then, the age issue remains in the hands of the states.
This is not affected by the authority of the FDA. It states in its published statement: “Except for Epidiolex, Marinol and Syndros, no product containing cannabis or cannabis-derived compounds (plant or synthetic) is approved as safe and effective for any patient population, including children and adolescents.”
CBD Age Limits by State
Age restrictions take effect in state law. This is very different from state to state, and in some states, there is no statutory age at which standard CBD is legal.
| Jurisdiction | Age rule for hemp CBD | Notes |
| Texas | 21 | Statewide minimum under a late-2025 executive order. See Is CBD Oil Legal in Texas? |
| Tennessee | 21 | Statewide minimum took effect with the January 2026 retail changes. See Is CBD Legal in Tennessee? |
| Hawaii | 21 for tinctures | Packages must state “Not for sale to persons under the age of 21” |
| Washington DC | 18 | Cannabis-derived CBD requires 21 |
| Pennsylvania | No statutory age for standard CBD | Intoxicating hemp products require 21 |
Retailers fill in the void when there is no state age. Most stores in Indiana have a minimum age requirement of 18. Be sure to review current law in your state as several legislatures increased their limits in 2025 and 2026.
Why Some States Choose 18 and Others 21
States that classify hemp CBD as a consumer product use the legal age of 18. 21 is the number that states consider it alcohol or tobacco. Both methods are used in Washington DC, with 18 for hemp-derived CBD and 21 for cannabis-derived CBD. The number is not the only thing that matters, enforcement is also important. Tennessee requires retailers to ask age for all customers, no matter their appearance, and Hawaii calls for identification to be checked for tinctures. In all cases, it is the age of the buyer, not the store’s habits, that determines the legality of a sale.
Can Minors Buy CBD Online?
It’s the same laws in place, but not enforced online. There are many sellers who just have a “I am over 18” checkbox, but that doesn’t change the state rules governing the sale.
May CBD Be Gave to a kid by a Parent?
Typically, parents have the ability to make medical choices for their kids, and there’s no federal law barring a parent from providing their child with a legal hemp product. Doctors urge caution all the same.
The FDA states that the effect of CBD on the developing brain is an unanswered question and CBD may cause liver injury. In August 2023, the American Academy of Child and Adolescent Psychiatry sent a letter to Congress stating that there is not enough evidence to support most of the purported benefits. In a letter to the editor by its president, Warren Ng, MD, AACAP stated that it recommends that hemp-derived broad-spectrum CBD be limited to adults, those age 18 and older.
The exception is Epidiolex. A purified form of CBD medicine which is prescribed for seizures associated with Lennox-Gastaut syndrome, Dravet syndrome and tuberous sclerosis complex in individuals aged 1 year and over. It should be administered to a child who has a seizure disorder under a physician’s guidance and not via a store-bought oil. This article is not intended to give any recommendations for dose, and any decision should be made in consultation with a paediatrician.
Why Age Limits Exist
Age rules are based on safety evidence, and the most compelling data are related to THC, not CBD. Products that contain hemp are sold next to the CBD product and some of these products contain either THC or other cannabinoids; children are at risk if they swallow them.
According to a study led by Marit Tweet of SIU Medicine, reported by NPR in January 2023, the number of cases of edible cannabis exposure in children under the age of six increased by 1,375 percent from just over 200 cases in 2017 to 3,054 in 2021. Of the 7,043 cases in those years, 22.7 percent required hospitalization. The group makes up approximately 40% of all calls to poison centers nationwide, Tweet said.
Quality is a second concern. According to FDA, many of the products tested did not contain the amount of CBD that was advertised, and some contained potentially dangerous contaminants. The same AACAP letter referenced an AACAP survey in which 3.0 percent of American 12 to 17-year-olds said they vaped CBD.
How Should Parents Read a CBD Label?
The only protection a family has is the label and what a child would swallow is not necessarily disclosed on the label. Check the total amount of THC (milligrams), the batch number and a link or code to an independent lab report. If a product does not provide a percentage, or no report, it should be suspected. Children love gummies in the form of animals or fruit, and Hawaii, for one, has a ban on gummies with animal or fruit shapes.
What Should Parents and Guardians Do?
- Store all hemp products, gummies especially, in locked containers out of reach.
- Select products that are child-resistant and have a current lab report on the specific batch.
- Anything with delta-8, delta-10, THC-O or HHC on the list should be avoided.
- If a child consumes a product, call Poison Control at 1-800-222-1222. If you think the child may have ingested it, or if the child is behaving in a way that is unusual or if the child feels unwell, you should take the child to a doctor or the emergency department of a hospital.
- Before administering CBD to a child, consult with a pediatrician.
Conclusion
CBD is in a legal grey area for children. There is no age limit in federal law and a growing number of states have set 21 as their limit; only one prescription CBD drug is approved for children by the FDA. It’s best to consider store-bought CBD as an adult product, and to talk with a doctor before using it with children. Read our Legal guides or the US section for more information on state rules, and double check the age limits before purchasing.
Frequently Asked Questions
Are there any age restrictions on purchasing CBD?
Under federal law nothing forbids it, but many states and most retailers set a minimum of 18 or 21. It is not legally sold to a 17-year-old in Texas and Tennessee.
When can you purchase CBD?
Depends on the State. Some states do not have a statutory age, Texas and Tennessee require 21, and Washington DC requires 18 for hemp CBD.
Is CBD safe for kids?
The FDA has not determined the safety of Epidiolex in children older than 12, and it states the effect of Epidiolex on the developing brain is unknown.
Is it legal for a parent to administer CBD to a child?
It’s not illegal, but doctors say it should be used with caution and just one CBD medicine has been approved for children.
Is there an age limit for CBD Gummies?
Yes in many states. For instance, in Hawaii, gummies are required to say “not for sale to persons under 21”.
Will there be an age restriction with the new federal hemp law?
There is no reported text on Section 781. Its restrictions on most products start on December 11, 2026, and are based on THC content.
