As with most things pertaining to law, answering the question: "Is CBD oil legal in Arkansas?" is a bit complicated when we look at the available data. However, despite this, cannabidiol (CBD) in all its preparations is indeed lawful in Arkansas, with two provisions.
Statewide, CBD businesses seem to jump up like mushrooms in horse dung. This is most probably also thanks to federal law, which has changed this year in favor of CBD. Read on for more about this. [1]
But first, let's look at what state law says about Arkansas cannabis, marijuana, hemp, and CBD. We will also be focusing on the differences between hemp and marijuana and the ways CBD oil can benefit you.
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Arkansas Cannabis Laws
In Arkansas, cannabis with high THC content is still considered illegal. A Medical Marijuana Commission has been established, and it can legally be prescribed and used for certain health conditions. Yet even though there is progress in the rollout of this program, obtaining marijuana for medical purposes still seems to be difficult. [2]
The case is different with industrial hemp, which is from the same cannabis family as marijuana. Arkansas House Bill 1778 was passed into law in 2017, and it is now called the "Arkansas Industrial Hemp Act 981." The hemp industry in this state seems to be thriving, and it forms part of a government-endorsed cultivation program. [3]
But Really, Is CBD Oil Legal in Arkansas Even if It Is from Cannabis?
Yes, it is, because of the difference between marijuana and industrial hemp.
First of all—the law says that industrial hemp may legally be grown and processed in the state, as long as its cultivation is government-approved and licensed. In fact, in March of this year, the Industrial Hemp Research Program was approved. [4]
What is Industrial Hemp?
According to Arkansas regulations, "Industrial hemp means all parts and varieties of the plant Cannabis sativa L., and any part of such plant cultivated or possessed by a licensed grower, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis."
So, simply put—industrial hemp is from the Cannabis sativa L. plant family that contains no more than 0.3% THC. (For the uninitiated, THC is the cannabinoid that makes you feel high and can cause psychotropic symptoms. Most often, marijuana is cultivated to have high quantities of this compound and is therefore illegal. The exception may be medical marijuana.)
What Do the Regulations Stipulate Regarding Hemp-Derived CBD?
Arkansas cannabis and CBD regulations are pretty clear. They state that publicly marketable hemp products are permissible, which includes CBD—as long as it is industrial hemp-derived or approved as a medicine by the FDA.
"Publicly marketable hemp product means a hemp product that meets one or more of the following descriptions...(b) the product is CBD that was derived from industrial hemp, as defined in this regulation; or (c) the product is CBD that is approved as a prescription medication by the United States Food and Drug Administration." [4]
What Does Federal Law Say?
In this, Arkansas is one of the few states that was slightly ahead of the federal law.
This year, the U.S. Drug Enforcement Administration (DEA) created a new drug code regarding marijuana and its definitions. In the department, there was still a lot of confusion about what was legal and what was not, so the DEA issued a clarification of the new code. The memo stipulates that CBD, if extracted from mature hemp stalks and sterilized hemp seeds, no longer falls under the federal definition of "marijuana." Therefore, hemp-derived CBD is completely legal for any use. [5]
So what does this mean in practical terms? It means that in order to avoid prosecution, you need to make sure that you buy your CBD products from a law-compliant manufacturer. The CBD needs to be extracted from a legal source, and it must contain no more than 0.3% THC. This should be clearly stated on the product label.
Also, make sure that you buy a quality product in order to ensure good results.
RELATED: How To Choose A High Quality CBD Oil
Benefits of CBD Products
Cannabidiol's benefits are well known, and its use is growing in popularity. Completely safe, anybody can experiment with taking it, as long as you don't attempt to replace or complement prescription medicine without your doctor's consent.
As mentioned, the secret is to take a good-quality product and start with a small dose. This you then increase over time.
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CBD's side effect profile is excellent, with symptoms likely to show only in very high doses. Usually, these are self-correcting and disappear over time.
You can safely take CBD oil to manage conditions such as:
- Chronic and severe pain
- Anxiety
- Depression
- PTSD
- Insomnia
- Diabetes risk
- Substance abuse
- Seizures and epilepsy
- Chronic and severe inflammation
- Muscle spasms
- Glaucoma
- Alzheimer's disease
- Parkinson's disease
- Acne
The list is not exhaustive.
Be sure to do research and inform yourself on the topic. Again, never take high-dose CBD with prescription medicine. This you should do only with your physician's consent, as there is a possibility of drug interactions.
However, "Is CBD oil legal in Arkansas?" should not be a question that bothers you any longer. It is perfectly legal across the U.S. if hemp-derived, and it is easily obtainable, too.
Sources:
- https://katv.com/news/local/first-hemp-based-cbd-business-in-arkansas-since-industrial-hemp-act-passed-launches
- https://edition.cnn.com/2018/06/25/health/medical-marijuana-arkansas-ruling-bn/index.html
- https://legiscan.com/AR/text/HB1778/id/1589744
- http://www.arhemp.org/wp-content/uploads/2017/12/Regulations-First-Draft.pdf
- https://www.deadiversion.usdoj.gov/schedules/marijuana/m_extract_7350.html
