Possessing cannabidiol (CBD) oil in America could still land you in trouble, depending on two things: which cannabis plant it was extracted from and the stipulations of individual state laws. Last year, in a move that could make hemp-CBD oil legal, the USA government introduced the Hemp Act to the Farm Bill of 2014. Even though marijuana is still an illegal Schedule 1 substance, this new Act is busy reshaping the landscape for all things cannabis, including hemp-CBD oil.
First, however, let’s clarify an important fact about USA federal law and state law.
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Looking at these laws, it's important to remember the following:
In practical terms, it could mean that if you are in a state with laws that allow recreational marijuana use, you could still be prosecuted by the DEA for marijuana possession. The same goes for state law. For instance, even though federal law has decriminalized industrial hemp-derived CBD products, you could still be prosecuted for possession in a state with prohibitive laws.
Law is often clear as driven slush.
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So, in this article, we only look at CBD oil law in broad terms and what it says about possession and use. The reader is still advised to research individual state laws personally, as these and state regulations are often complex. They're also currently in flux, mainly due to the national legal changes. The situation is further confounded by the as-of-yet-unregulated state of the industry, which will take time to remedy.
Here, possession of CBD oil is not likely to land you in hot water with law enforcement. This is because the sales and use of recreational marijuana and derived products are completely legal—mostly. Unfortunately, the CBD legality even in some of these states with permissive laws is anything but simple and straightforward.
Again, familiarize yourself with each state’s cannabis laws and regulations for the details.
In these states, recreational marijuana is still illegal, but most of them run medical marijuana programs.
CBD oil possession and use are freely permitted for all, but most state laws stipulate that the oil needs to be industrial hemp-derived and low in THC. In a number of states, sales are state-government regulated or are not sold there at all. In such a case, the oil needs to be bought online or ordered from another state.
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Most U.S. states run programs via their health departments that allow legal access to medical marijuana.
Patients usually have to qualify for registration based on a medically diagnosed health condition. The list of qualifying conditions differs among the states.
In many listed states, "medical marijuana" basically comprises CBD oil containing between 0.3% and 0.5% tetrahydrocannabinol (THC) content, the hallucinogenic component in cannabis. Also, the oil is usually only issued by approved, state-licensed dispensaries.
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As the title states, possessing any cannabis or related product in these states will land you in trouble. These states don't run any medical marijuana programs, and access to medicinal cannabis is restricted. In some, CBD or marijuana possession is not a criminal offense, but possession still amounts to an infraction.
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As mentioned, the recent removal of hemp from the DEA's list of prohibited substances is expected to change the CBD industry in years to come. For now, though, the law is still weighed down by intricacies and complications, especially on the state level. Also, the industry cries for proper regulation. All in good time, though.
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Removal of hemp from DEA's list of prohibited substances will change the future of the CBD industry. Here’s what the CBD oil law says about possession & use.
Removal of hemp from DEA's list of prohibited substances will change the future of the CBD industry. Here’s what the CBD oil law says about possession & use.
Removal of hemp from DEA's list of prohibited substances will change the future of the CBD industry. Here’s what the CBD oil law says about possession & use.