Cannabidiol, or CBD, is fast outshining tetrahydrocannabinol, or THC, in becoming the focal point of scientific attention. CBD, unlike THC, is one of the many non-psychoactive cannabinoids found in cannabis plants. It makes nobody stoned and, it turns out, CBD has a horde of medicinal qualities. Research proves CBD safe and unmistakably effective at treating a range of health conditions.
However, despite the fact that CBD does not impair mental function, it remains an illegal substance under federal marijuana laws. According to the U.S. Drug Enforcement Administration, cannabis and all its cannabinoids are Schedule I drugs under the Controlled Substances Act of 1970, which considers it a substance with no medical value and a high potential for abuse. It shares company with LSD and heroin.
Science shows CBD safe. In fact, it proves cannabis plants essential medicine. Regardless of the evidence, until the federal government either decriminalizes marijuana or reclassifies it, CBD remains illegal. Earlier this year, an Indiana man faced jail time and a $1,000 for carrying CBD oil, which the state’s legislature legalized a month prior. Because of this, the court dismissed his case summarily.
Not everyone is so lucky, however. CBD is only legal in those states that have legalized cannabis, whether for medicinal or recreational purposes, or both. At the national level and in states that have yet to join the fray, you can still face criminal charges and punitively indebting fines for being in possession of marijuana or any of its extracts, as well as the long-term consequences of having a criminal record.
Media is abuzz about CBD. New studies, new discoveries, new therapeutic uses, and new medical properties are near daily news. Pot advocates have been hailing this cannabinoid for its ability to fight anxiety, depression, seizures, muscular spasms, and a myriad of other issues. CBD is the latest “it” drug, what the Washington Post calls a “rapidly rising star for its capacity to deliver mental and physical benefits.” From insomnia to epileptic seizures, CBD is fast becoming the go-to solution for health.
However, contrary to the underlying and subtle implication in much of these articles, CBD is not “legal in all 50 states.” If it were, why would people still be facing criminal charges just for having it in their possession? Why would law enforcement officers still be raiding shops that sell it, and why would any state legislature decide on its own to legalize CBD products? None of this would happen if it were legal.
Many publications claim that, provided the CBD oil contains less than 0.3 percent THC, federal law classifies it as hemp, making it legal to both have and distribute. The 2014 Farm Bill is oft-cited evidence of the legality of hemp-derived CBD. However, the bill itself only very narrowly legalizes a set of growing activities for hemp. It remains hugely restrictive to just about everybody, even scientific researchers.
It is possible to grow hemp legally, but only if you are growing it under a state pilot program or if you are cultivating it for scientific study. You can also grow legally under state law, specifically “in which such institution of higher education or state department of agriculture is located and such research occurs.” Certainly, some cultivators are operating under the Farm Bill and supplying a few CBD companies.
However, considering how well stocked CBD products are, few come from research hemp. Furthermore, state marijuana laws differ greatly, especially on hemp and CBD. Colorado has a comprehensive industrial hemp program. It is also home to the first ever U.S.-bred certified hemp seed. Strangely, in Massachusetts, where you can grow pot at home, you still need a state license to grow hemp.
Just last month, Republican Senator Mitch McConnell announced the introduction of a bill to legalize industrial hemp nationally, at the federal level. Until that progress, the DEA insists that CBD is undoubtedly still illegal. A spokesperson for the agency warned that those violating federal drug law are at “risk of arrest and prosecution.” However, he did note that the agency was not after CBD offenders. Targeting people for treating themselves would epitomize human rights violations by the state.
In talking to an Indiana newspaper, Rusty Payne, DEA spokesperson, said, “It would not be an appropriate use of federal resources to go after a mother because her child has epileptic seizures and has found something that can help and has helped. Are they breaking the law? Yes, they are. Are we going to break her door down? Absolutely not. And I do not think she will be charged by any U.S. Attorney.” Public opinion is powerful. Experts predict that federal marijuana laws will change soon.
It would be a mistake to assume CBD legal in all 50 states. There is also the issue of HIA vs. DEA; a lawsuit filed by a hemp trade association that challenges the agency’s Schedule I classification of CBD. Earlier this year, federal judges at the Ninth Circuit Court of Appeals listened to the case. It is clear that corporate attorneys have differing understandings of federal law than does the DEA and other agencies.
Regardless of what you hear or read in publications today, just remember that despite its wide availability in some states, CBD oil is not legal in all of them. The law is in flux in many states and very murky, especially since it contradicts federal laws and is therefore open to many interpretations. Make sure CBD Safe is legal in your state before you buy it and do not carry it across state or national lines.
Author Bio: Camilla Morgan is a blogger by profession with 5 years of experience. She is associated with CBD Safe and selling pure Cannabidiol & Best CBD oil products in the USA. She is an admirer of sharing his innovative ideas with others on the Wellness for Mind and Body.
