No, marijuana chapstick is not legal in all 50 U.S. states—but the real answer depends on what’s inside the tube.

Hemp chapstick vs. “marijuana” chapstick

First, it helps to separate two very different products:

• Hemp-derived chapstick – usually contains CBD from hemp and less than 0.3% delta-9 THC by dry weight.
• Marijuana-derived chapstick – contains higher levels of THC or comes from cannabis classified as “marijuana” under federal law.

Under the 2018 Farm Bill, Congress removed hemp from the federal Controlled Substances Act and defined it as cannabis with no more than 0.3% delta-9 THC on a dry-weight basis.

By contrast, cannabis that exceeds that THC threshold is still considered marijuana and remains a Schedule I substance under federal law, regardless of whether it is smoked, eaten, or applied to the lips.

Where hemp-based chapsticks fit

Many “CBD lip balms” on shelves today are marketed as cosmetic products. The FDA’s strict stance on CBD in foods and dietary supplements does not automatically extend to cosmetics, which may be sold if they meet general safety and labeling requirements and don’t make drug-like medical claims.

At the federal level, then, a hemp-derived chapstick that:

• Contains hemp CBD with no more than 0.3% THC, and
• Is marketed as a cosmetic (moisturizing, soothing, etc.), not as a treatment for disease,

is generally permissible—subject to FDA and state rules.

However, that doesn’t mean it’s freely legal everywhere. The CDC notes that a few states still treat hemp differently and have not fully removed it from their controlled substances lists, so CBD product legality varies by state. Research from policy institutes also shows a patchwork of rules: some states limit product types, potency, or where hemp topicals can be sold.

So, hemp CBD chapstick is widely available, but not guaranteed to be legal in identical form in all 50 states.

Marijuana-derived chapstick: tied to state cannabis laws

“True” marijuana chapstick—using THC-rich cannabis oil from state-legal marijuana programs—is a different story. These products are treated like any other cannabis item:

• As of mid-2025, 40 states plus D.C. allow medical cannabis, and 24 states plus D.C. allow adult-use (recreational) sales.
• In those jurisdictions, THC chapsticks are typically sold only through licensed dispensaries and subject to testing, packaging, and age-limit rules.
• In the remaining prohibition states, marijuana products—including a THC lip balm—are not lawfully sold for general consumers.

Because federal law still classifies marijuana as a Schedule I substance, marijuana-derived chapsticks are never legal for interstate commerce, even between two legal states.

What this means for shoppers

For consumers, the bottom line is:

• No, marijuana chapstick is not legal in all 50 states.
• Hemp-derived chapsticks with compliant THC levels are broadly but not universally permitted, and rules can change.
• THC-rich chapsticks are allowed only inside state-regulated cannabis markets and remain illegal federally and in prohibition states.

Smart shoppers should read labels carefully (looking for hemp vs. marijuana, CBD vs. THC and potency), check their own state’s current laws, and avoid products that make bold medical claims without evidence.