Cannabis-based compounds have earned recognition and acknowledgment in the past few years. All thanks to its therapeutic properties and the ability to beat medical conditions such as anxiety and pain. Not only this but the therapeutic properties of cannabis have enabled patients to choose a natural alternative. You can easily spot patients getting a medical cannabis card from a marijuana doctor in Riverside or some other region.
Another common sight is that of people opening up cannabis dispensaries and stores while keeping the legal nuances in mind. However, the rules and laws associated with cannabis are not that simple. We all know that cannabis is still illegal on the federal level. While states have established guidelines regarding growing and possession limits, this seemingly ubiquitous herb is always surrounded by legal ambiguities. One of the well-known legal loopholes includes CBDs’ legal status.
You must be aware of the fact that CBD is legal on the federal level. In 2018, the hemp bill became law as the FDA declared that CBD derived from hemp no longer falls under the controlled substances category. In addition to this, the law also stated that cannabis containing more than 0.3% THC is still illegal federally. The new legal status gives you the opportunity to buy CBD products purchase from the CBD store. Plus, Epidiolex (a CBD based medicine) is another medicine that enjoys legal freedom in the US.
The only thing that you need to keep in mind is that this medicine is used in the treatment of severe forms of epilepsy. Given that CBD is legal on the federal level and patients can avail of CBD oil hassle-free, where does the problem lie? Well, you have to read on to find out.
Table of Contents
What’s With CBDs’ Legal Status in the US?
The Farm Bill became law in 2018 when Trump officially signed the bill and the majority of the Senate members agreed upon the terms and conditions. With the passing of the bill, a new wave of legalization entered the nation and hemp farmers benefited the most out of it. However, some people overlooked the fact that the bill contains several guidelines. For instance, the bill clearly indicates that any form of cannabis with more than 0.3% THC is illegal, be it in the processed or raw form. This also means that you cannot sell cannabis with more than 0.3% THC as legal products in the market. In fact, many companies in the past have been issued notices for violating the guidelines.
The potential violation as listed by the FDA includes marketing CBD products as dietary supplements, suitable for children, and touting them as therapeutic agents with no or little side effects. The FDA also states that CBD does not fall under the category of food items because research is still underway and not all cannabis components are safe for consumption. Some products such as Epidiolex received a green light from the FDA because the medicine has been tested, gone under clinical trials, and proven to be effective in the treatment of severe forms of epilepsy.
Only recently, I read a news report revealing that people get arrested for possessing or using CBD. At first, it came to me as a shock, but after realizing that cannabis has always been a part of legal loopholes, I understood how it can be possible. This haziness emerges because we still do not have enough scientific proof to back CBDs’ therapeutic potential. That’s why you can see FDA issuing notices to companies who sell CBD products with therapeutic claims. Luckily, variation in state laws allows the patients to navigate smartly through legal loopholes. The problem comes in the case of states with strict rules. For instance, California has lax rules when it comes to cannabis, but on the other hand, New York cannabis rules are quite sterner. So, overall, it is fair to say that there’s more to CBD legality than perceived from the outside.
The Confusion Behind CBD Products
Now that you know what type of CBD is legal and how the legal status of CBD may vary from state to state, there’s one more aspect that requires utmost attention. This aspect has largely troubled hemp manufacturers and producers. And for a very simple reason. During cannabis cultivation practices the farmers tend to grow and sell cannabis containing 0.3% THC. The farmers can testify the same through lab tests. The only problem arises when production companies produce a higher form of THC (delta-9-THC) while filtration and processing. Automatically causing the end product to exceed the legal limit.
In addition to this, several companies received notices because the products marketed display wrong labels. According to a report published in Forbes, some companies sell products that contain more or less THC than what the label reads. This is why we always ask our patients to seek lab reports so that they can identify the THC: CBD ratio. Ideally, some companies publish lab reports on their website, but others provide lab reports on request. If not, you can always get a lab report on products you will consume to alleviate pain or inflammation. You’re not being a cannabis snob, you are being responsible and taking care of things that enter your body.
Unfortunately, the cannabis market is flooded with misleading products. This calls for an urgent demand for regulation, but the FDA does not regulate CBD products. According to the FDA, cannabis products are not dietary supplements. Hence, most of them still fall under the category of harmful substances. The only exception, in this case, is CBD with less than or equal to 0.3% THC. So, do not be fooled by labels that read 0.3% THC but the lab reports say otherwise.
State Laws and Guidelines are Extremely Crucial
If you do not follow state guidelines when it comes to CBD cultivation or consumption, you may put yourself in jeopardy. This is to say that CBD is legal with restrictions imposed on various aspects. So, steer away from doubts and check-in with your state laws. If you understand what your state says about CBD, its use, carrying limit, and cultivation rules, the legal structure surrounding cannabis will seem approachable. Yes, for now, the cannabis community is still struggling to find space in the legal arena but looks like detailed scientific research is the biggest doorway to complete legalization. If you are not sure how much CBD your cannabis contains, just get a medical cannabis card from a medical marijuana doctor in Riverside and stay away from the worries of a possible arrest.