CBD legal in my state?
No, … Yes, … Maybe
This question is a bit of a gray area that has yet to have a good answer. Confused? Don’t feel bad because many people are and there are no clear answers as of yet. This may be the year that all that changes. There is a lot to take into consideration and we’ll cover what laws were on the books, as of the fall of 2018, in the states around this country. Then we will take a look at the Farm Bill, which was signed into law in the final two weeks of the year 2018.
This bill may change everything, and it is all playing out at the moment, in real time. There’s a lot at stake, both for the people who rely on using CBD for chronic health issues, as well as for those who have bet their life savings on investing in businesses based on this industry. CBD products accounted for one-billion dollars ($1B) of sales in 2018 alone. Usually, it’s safe to say that where revenue like this can be made, and taxed, the government will be completely onboard.
Some history on CBD and how it came into its own, apart from the marijuana industry, is necessary for you to understand the stigma associated with both. You should also understand how both marijuana and CBD differ because it plays an important role in why CBD should be legalized at a national level. It’s really like comparing apples to oranges once you have a clear understanding of the products and what is in them. In fact, CBD is not harmful and clearly better for you than either cigarettes or alcohol, both of which are perfectly legal.
It is important to clearly understand these things because so much is at stake. As you’ll see, many people depend on using CBD products to help them with profoundly serious medical issues and keeping these products accessible is paramount. Not to mention, the scientific community is uncovering more and more uses for CBD that will ultimately lead to new ways to treat cancer, Parkinson’s and other medical issues. It has already led to a new drug designed just for those with epilepsy that you’ll read more about later. This is too valuable, too useful, to keep from people and everyone should support the use of CBD, no matter who they are or where they come from.
How It All Started
In 1996, California became the first state to legalize the use of marijuana for medical purposes. The news cycle was filled with stories about the ways in which this would cause more drug addiction. People who opposed the legalization claimed that it would lead to more crime and it would be a gateway to other drugs. None of that was not based on facts, only the perceptions that people had at that time. People were afraid of cannabis because they truly didn’t understand it at all. People fear things they do not understand and the only way to dispel these fears is to educate. That required years of research, which started with legalization. While the perceptions of some people have remained the same. Overall, more Americans are awaked to the benefits of marijuana use for medicinal purposes, thanks to the years of research and the scientific community that recognized the potential benefits to mankind.
Hemp has been described as the plant that could save our forests, stop global warming and make humans happier and healthier. It has been called a miracle and a “Cinderella drug” because of the fairy tale that it seems to be. While it isn’t a miracle and doesn’t cure anything, it seems to be able to help nearly every person with any chronic condition or pain to feel better. Let’s go back and take a look at the chain of events that brought us to where we are today.
In 1991, shortly before the legalization of marijuana, the endocannabinoid system (ECS) was discovered. The endocannabinoid system exists within the human body and produces two types of cannabinoids that are specific to human bodies. These cannabinoids have been found to play a key role in reduction of inflammation. Since then, a great deal of research has been done on this system, how it works and what effects cannabinoids from other sources have on it.
Cannabis plants are not all the same and not all of them are grown for marijuana. Hemp is one of the cannabis family plants that is used by humans. In fact, hemp has been used for at least 6000 years. Pottery has been found containing hemp fibers and was dated to this time. There is also evidence that the Chinese used hemp as a medicinal plant as long as 3000 years ago. Hemp, it seems, has an exceedingly long history with mankind.
While studying marijuana, cannabis research has spread to other categories and been led down many roads. It has been found that there are 66 phytocompounds in the hemp plant. A phytocompound simply means a compound found in plants. Two of the compounds have had the most research. These compounds are tetrahydrocannabinol (THC) and cannabidiol (CBD). THC has been found to interact with the ECS and so does CBD.
The ECS is made up of two types of receptors and they both work differently in the things they control within the body. CB1 and CB2 receptors are located in different places. CB1 receptors are most densely located within the brain and THC interacts with these receptors for the most part. This quality makes THC a psychoactive compound. THC is the compound that is responsible for making you high. The plants that are used for the buds that are sold for medical marijuana, or illegally for that matter, come from sativa plant strains that are grown for higher levels of THC.
CBD, on the other hand, binds more so with CB2 receptors that are located in the body and concentrated in the gut, with some in outlying areas of the body. CBD has no psychoactive properties and when THC is not present, will not get you high or cause any symptoms of being out of control, unable to function or being in a total fog mentally.
CBD is the ingredient in cannabis plants that seems to have the most effect on pain and inhibiting thought patterns that cause depression, fighting chronic conditions and much more. Regulations on CBD products are still considered very iffy and the laws regarding CBD are just as gray.
If you live in the states of Idaho, Nebraska, or North Dakota, it is still illegal to have CBD in your possession. The reasons for this are that the CBD is still labeled as a schedule 1 drug, just as marijuana is. There is much confusion over the legal status of CBD as many who grow the hemp used to extract CBD oil from claim that the Farm Bill of 2014 gives them the right to sell CBD products because the bill says that hemp products can be grown for the purpose of academic agricultural research, or specifically for state-run programs. Whether this legally allows selling the products is completely up for debate and so far, no one has challenged this in courts. Products flood the market and are being sold all across the United States presently.
Currently, there is no federal law that says CBD is legal. State by state, the laws vary. In the following ten states, marijuana and its products are legal:
- Alaska
- California
- Colorado
- Maine
- Massachusetts
- Michigan
- Nevada
- Oregon
- Vermont
- Washington
- Vermont
- Washington, DC
In the following states medical marijuana is legal and CBD and marijuana products must be purchased at a dispensary:
- Arizona
- Arkansas
- Connecticut
- Delaware
- Florida
- Hawaii
- Illinois
- Louisiana
- Maryland
- Minnesota
- Missouri
- Montana
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Dakota
- Ohio
- Oklahoma
- Pennsylvania
- Rhode Island
- Utah
- West Virginia
States with actual written laws on the books regarding CBD products are as follows, along with the rules:
Alabama
Access to CBD is limited to being part of a state or clinic sponsored trial or having a medical issue that qualifies you for treatment under a specific law. See Leni’s Law.
Georgia
Patients with certain medical conditions can have up to 20 oz of marijuana oil with no more than 5% THC. The CBD in this oil must be equal to or greater than the amount of THC in the product.
Indiana
It is legal to manufacture, sell, possess and use CBD oil as long as it contains less than .03% THC, which is an industry standard for the most part.
Iowa
In Iowa, the Dept of Public Health oversees the program and allows for limited amounts of CBD for patients suffering from severe medical conditions.
Kansas
CBD products in Kansas have been completely exempted from criminal code regarding marijuana as long as they contain 0% THC and only adults may purchase.
Kentucky
Law allows for the state-sponsored growing of hemp plants and these can be used to make CBD oil products.
Mississippi
Patients with epilepsy can use CBD products as low as they are low in THC. Cannabis extract must be less than 15% CBD, but also no more than .5% THC. Must be supervised by a licensed physician.
North Carolina
CBD is only legal in North Carolina for intractable epilepsy. Must be made from hemp extract.
South Carolina
CBD is legal for those suffering with epilepsy or conditions thereof. Must have trace amounts of THC at most.
Tennessee
CBD made from hemp extract is legal, not those made from marijuana. Can be prescribed to patients with epilepsy.
Texas
In Texas, only those with epilepsy, and the extract can have no more than .5% THC.
Virginia
CBD is legal for any condition diagnosed by a doctor who is licensed in that state.
Wisconsin
Can be used for any condition if a doctor recommends it.
Wyoming
Only for use by epilepsy patients who have had no luck with other drugs and have undergone process of having a neurologist recommend the use. Must be made from hemp extract.
As you can see, the laws vary tremendously. The laws are not always enforced from one state to the next and many people are ordering CBD products online and using them at home with no one even knowing. CBD products are readily available and for now, very few states seem to be pushing regulations. Perhaps they have better ways to use their time, or perhaps it is an indication of the loosening of the tight restrictions that have gradually gotten looser since approximately 2014 in every state. It is extremely confusing to many people and there is no indication that it will be completely clear any time soon, but there is hope that it might be clearly spelled out at some point in the near future, perhaps at a federal level.
Farm Bill Passed and Signed
The president of the United States signed a new Farm Bill in December of 2018 that could change everything, but the wheels do turn slowly.
Here are the details of the bill and how they apply to CBD use:
- The Farm Bill of 2018 legalized the growing of hemp plants nationwide.
- It clearly defines hemp as an agricultural product – not a drug
- Even though current laws are hazy, hemp/CBD is a $1 Billion industry and the hope is that this bill will give the legal footing to sell and purchase CBD products nationwide.
Legal counsel to over 60 hemp industry companies was quoted, “the era of hemp prohibition is over” which seems to indicate that the market expects few challenges to the legality of hemp and CBD products.
Websites have sprung up by the thousands to discuss the benefits of CBD and to sell the products. The billion dollar per year industry is touting that this is only 1% of the potential. Stocks are selling like wildfire and this could very well be the beginning of something as huge as the early days of Amazon. That is strictly in regard to those looking to invest.
For those looking for medical help and relief from issues they suffer with daily, this is a major victory, even if the future is still a bit shaky. With the legalization of the crops, however, and the ability to make your own oil if you chose to (because the law doesn’t have restrictions on who can grow hemp) it would stand to reason that possession of hemp or hemp products would be perfectly legal.
The industry has raced to create products that meet the lower specs of .03% THC in them, which is a very tiny trace of THC. New types of products are cropping up each day to meet the demand. Creams, lotions, tinctures, vaping oils, edibles, skin creams, shampoos, conditions, facial masks and scrubs and more are available to you with a few clicks of your mouse.
This is an exciting time whether you are a patient, a manufacturer, or an investor looking for a brand-new product line that is already tried and proven, for thousands of years no less.
Hemp vs Marijuana CBD oils
It is important to realize that nothing is actually black and white right now. It’s all shady gray, but one thing is certain. The Farm Bill only mentions hemp products. Clearly, CBD oils made from marijuana sativa strains will not be considered legal. The rest is speculation and perhaps a market that is expectant, hopeful, and ready to challenge this in court?
Industry leaders say that if hemp is legal, then hemp products must be legal. This seems to be a reasonable assumption and law enforcement seems hesitant to challenge this new Farm Bill legislation. It could simply be that law enforcement agencies are also seeking clarification but for now, they seem hesitant to do much about the sales of CBD in their jurisdictions. Shops in states like Tennessee are currently stocking and selling CBD products. There have been reports of some local police departments raiding these shops and confiscating the CBD products and arresting shop owners in 2018, but these cases happened just weeks before the Farm Bill was passed, so it is highly likely that these will be challenged in court. The world will sit back and watch, at least everyone in the United States.
The Motley Fool has been jumping up and down, telling people to go buy stock in CBD companies. If this is any sort of indication, then the lights all seem to be green. Don’t blink because anything can change but for now, things are looking good so there is no reason not to be cautiously optimistic.
Another hot button topic is that the United States and Canada are in a race to beat each other to the legal production, manufacture and distribution of CBD products. This is a market that has people salivating and everyone wants their piece of the pie. If the growers of hemp in the United States expect to stay in the game, so to speak, then the use of CBD products in this country is prize to be had. Who will score the win on this remains to be seen? There is likely to be far more news to follow on this topic throughout 2019.