Is CBD Oil Legal In All 50 States?

By: Guest
October 04 2018


Cannabidiol, (or CBD, as it is commonly known) is a naturally occurring cannabinoid constituent of cannabis, also known as marijuana.  CBD in it’s various forms, including CBD oil, 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 doesn’t make anybody stoned and, as it turns out, CBD has a horde of medicinal qualities. Some research proves CBD safe and unmistakably effective at treating a range of health conditions.  More research is underway and has shown many positive results.

Is CBD Oil Legal in all 50 states?


Understanding CBD Laws


Despite the fact that CBD or CBD Oil 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 constituent cannabinoids are Schedule I drugs under the Controlled Substances Act of 1970, which means cannabis is considered a substance with no medical value and a high potential for abuse. Even though a ton of medical evidence says otherwise, cannabis shares company with LSD and heroin.


Science shows CBD is safe. In fact, it proves cannabis plants have myriad medical benefits. Regardless of the evidence, until the federal government either decriminalizes marijuana or reclassifies it nationwide, CBD remains illegal on a Federal level. Earlier this year, an Indiana man was arrested and faced jail time and a $1,000 fine for carrying CBD oil, which the state’s legislature legalized a month prior. Because of this, the court summarily dismissed his case.


Not everyone is so lucky, however. CBD is only legal in those states that have otherwise legalized cannabis, whether for medicinal or recreational purposes, or both. At the national level and in states that have yet to join the movement, you can still face criminal charges and punitive fines for simple possession of marijuana or any of its extracts.   You may also suffer the long-term consequences of having a criminal record.


Current CBD Hype


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 pain, anxiety, depression, seizures, muscular spasms, and a myriad of other issues. CBD is the latest “it” drug, what Quartzy called 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 and 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.


Federal Reform


In August, 2018, Republican Senator Mitch McConnell announced the introduction of a bill to legalize industrial hemp nationally, at the federal level. Until that progresses, 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, the DEA did note that the agency was not after CBD offenders. Targeting people for treating themselves could be seen as the epitomization of human rights violations by the state.

cannabis plants have myriad medical benefits


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.


Final Thoughts


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 and dismissed it, but at some point one of these lawsuits will succeed.


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 can be very murky, especially since it contradicts federal laws. Make sure CBD is legal in your state before you buy it and do not carry it across state or national lines.  It is always best to consult with an attorney knowledgeable in this area.


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 likes to share innovative ideas with others concerning the Wellness of Mind and Body.


This is a guest post by Camilla Morgan. This post has been edited for syntax and grammar.  The Law offices of Jay Leiderman is not responsible for the accuracy of the content herein or any opinions or ideas expressed herein.  This post is for entertainment and literary value and is not intended as legal advice.  This post does not establish an attorney-client relationship of any sort.  If you have legal questions about ideas presented herein please contact a lawyer knowledgeable in this field of practice.

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