Now, marijuana and hemp are both members of the cannabis family, so they do share a lot of The Legality of Marijuana-Derived CBD. In recent months, cannabidiol, or CBD—the non-psychotropic chemical compound that occurs naturally in cannabis—has become increasingly. CBD oil is being spotted more and more in health stores around the country, but how legal actually is it, and what does the future hold?.
THC? the What Status Of And About CBD Legal
The FDA recently approved the first cannabidiol drug in the U. Many people are using it to treat pain with good results and the cost is much less than prescription medications. But the legality of the CBD products you can buy online, at a store, or at a dispensary can be confusing.
Because the federal government classifies anything that comes from the marijuana plant, including CBD, as a schedule 1 controlled substance, like heroin or LSD, it is illegal at the federal level. But with growing interest in the possible health benefits of CBD, many states have legalized it. The narrow exception under Alabama law allows a person to only use or possess CBD oil to treat a chronic or debilitating disease or medical condition diagnosed by a doctor.
Last year a study found that only 26 of 84 products that researchers purchased online contained the amount of CBD claimed on their labels. With so much confusion around CBD, there are a few additional steps you can take.
Posted by mikosra on Friday, September 28, in News , Updates. Readers should note that the Farm Bill has important ramifications of the legality of CBD under federal law. The question posed by the title of this post has been vexing commentators for the past few months, with different sources giving wildly different answers.
In this post, I hope to shed some light on the legal status of cannabidiol CBD under federal law. Let me elaborate on each of these three circumstances, which, for reasons that will become clear, appear vanishingly narrow.
As discussed in my book page 21 , Congress defined marijuana to include:. Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks except the resin extracted therefrom , fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.
Because Congress excluded certain parts of the cannabis plant e. Drug Enforcement Administration , F. For example, the Rule would have effectively forbidden the sale or even possession of a variety of innocuous products, like textiles, made from the mature stalks etc. Based on prior actions in related situations involving compounds extracted from natural products and approved as drugs, it is reasonable to believe that the FDA will consider ingestible products that are enriched with CBD to be adulterated, and thus prohibited, while allowing the sale of ingestible products that contain hemp extract with naturally occurring CBD.
If the FDA chooses this path it will immediately raise difficult legal issues. For instance, cannabinoids and terpenes can be isolated and reconfigured into a myriad of formulations, many of which mimic actual or possible hemp strains. How will the FDA view these formulations?
Although the analysis provided in this article will soon be outdated in its particulars, the underlying legal concepts are likely to hold, albeit in different contexts. Rod Kight is an attorney who represents lawful cannabis businesses.
He speaks at cannabis conferences across the country, drafts and presents cannabis legislation to foreign governments, is regularly quoted on cannabis matters in the media, and maintains the Kight on Cannabis legal blog, where he discusses legal issues affecting the cannabis industry.
You can contact him here. For more information about the Magazine contact Brandon Dorfman: That is a good question. IT all remains to be seen. Thank you for reading and commenting, William. The biggest change is that it will make hemp lawful in all 50 states, which is currently not the case. Thank you for the great article! I do have a question for you though. If legal how does the DOT regulations not reflect that? I want to fight this but am not sure how?
After reading many current articles it seems there are a lot of others like me who have lost jobs due to this same Situation. Unfortunately, this is not unusual. Typically, it is due to the fact that routine urine tests are not sensitive enough to distinguish between cannabinoids.
Feel free to reach out to me directly and we can see whether there are any options. Rod, thanks for the excellent updates.
The Rapidly Evolving Legal Status of CBD
The legal status of cannabidiol (CBD) is one of the most misunderstood issues in the cannabis industry. A clear understanding of the current. In a nutshell, the Farm Bill makes it legal to possess, manufacture, and distribute CBD extracted from all cannabis plants that meet the definition. But they might also have more questions, given the different sources of the products, the difference in federal and state laws, and the difference.