A Touch of Truth: CBD Oil Legal in All 50 States
CBD oil is a natural product derived from the hemp plant and has been found to be useful in many situations. Natural practitioners have known about the benefits of medical marijuana for many years, but have had to battle the authorities to administer it because the plant contains THC, a psychotropic substance that causes people to feel “high.”
CBD oil, however, is a special type of oil derived from hemp plants that were bred to contain less than .03 percent THC. In most cases, the CBD oil contains no trace amounts of THC at all. The CBD oil has all of the properties of medical marijuana, and in some cases more because the plants were grown to produce more CBD, and does not cause the user to experience any type of “high.”
Is CBD Oil Legal in All 50 States?
Because it lacks the THC, most companies producing CBD oil claim that this product does not fall under the Controlled Substance Act and is not considered an illegal drug. Sadly, this is not the whole truth. Recently, the Drug Enforcement Agency (DEA) added CBD oil to its list of controlled substances and illegal drugs.
While this is currently being challenged in the court system, anyone who is interested in distributing this natural product should be aware at this time CBD oil is not legal in all 50 states.
States that have approved medical or recreational marijuana use often include wording in their legislation that allows for the sale of CBD oil products. However, some states, like the new Florida legislation, only allow CBD oil products to be sold by in-state growers and distributed by in-state pharmacies to people that are on their patient list. Florida has specific qualifications to use medical marijuana products, including CBD, and all patients who are prescribed it must remain registered with the state. For more about this, read: STATES WITH SPECIFIC CBD OIL LAWS.
Defenders of CBD oil’s legality state (Medical Marijuana Inc) that “Natural cannabinoids in hemp products are exempt from DEA enforcement.”
But that’s only true for natural THC; the HIA v. DEA decision worked with THC because Congress defined synthetic THC and marihuana separately. The court wrote:
“If naturally-occurring THC were covered under THC, there would be no need to have a separate category for marijuana, which obviously contains naturally-occurring THC. Yet Congress maintained marijuana as a separate category.”
Another defender of CBD oil writes (Kighton Cannabis)that “hemp that is cultivated in accordance with… the Farm Bill is expressly legal… [and] extracts from such a plant are legal.”
Section 7606 of the Farm Bill did define industrial hemp as cannabis plants with less than 0.3 percent THC. Hemp plants farmed in Europe are, indeed, cultivated at less than 0.3 percent THC.
The problem, though, is that the Farm Bill’s definition of hemp is just an exception to provide that “Notwithstanding the Controlled Substances Act… an institution of higher education or a State department of agriculture may grow or cultivate industrial hemp if… allowed under the laws of the State.”
Make CBD Oil Legal in All 50 States
It is our goal to see CBD oil products to become legal in all 50 states. We believe that this product should be separated from the category of marijuana because the product is grown specifically to not “get you high” but to provide you with its benefits. However, until that time, distributors of CBD oil products must be aware that there is a risk involved in distributing their products.
Anyone who distributes CBD oil products should make themselves familiar with local laws and regulations so that they adhere to them until CBD oil products are removed from the DEA list and classified correctly as a natural alternative medicine.
Now, to be perfectly clear, I am all for CBD oil.
I know many people use CBD oil. I applaud companies that commit civil disobedience to provide CBD oil to patients. I champion patients who seek and acquire CBD oil.
My only complaint is with those companies that are enticing patients to buy and business owners to sell their product under the illusion that there is nothing illegal about CBD, when the DEA clearly believes it is.
Even though it is not likely the DEA is going to start raids over a non-psychoactive product that parents are giving to their epileptic kids, it is wrong to sell that product to consumers without fully disclosing the legal risks involved.
Information Source: HighTimes
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- CBD oil is changing the way people look at hemp oil. CBD oil is the emerging product of the new century. Hemp oil is no longer a stepchild of the cannabis family, thanks to the interest in CBD.
- CBD oil research studies show a steady rise in understanding when it comes to CBD oil investments and CBD oil retail growth.
- CBD oil investments in 2017 have already surprised members of the Hemp Industries Association, but this group is not the only group that is in disbelief.
- Cannabis sales will increase by more than 25 percent this year, and that trend will continue through 2021, according to the ArcView Group. Most of the growth will come from the interest in CBD oil.
- The CBD market will be a $2.1 billion market by 2020.