IS CBD OIL REALLY LEGAL - OR NOT?
CBD is both legal and illegal, it depends on who and where you are.
"When the DEA illegally classified CBD as a Schedule I drug, they lost what little credibility they had."
IS CBD-OIL LEGAL?
No and Yes.
Yes and No.
Maybe. Maybe not.
You could be good to go.
Is that clear enough? Let us clarify this yes-no tug of war.
The Fed, which represents the interests of the pharmaceutical companies want CBD banned.
Many of the individual States don't mind if CBD is legal and often include it as a valuable medicine under State Medical Marijuana laws.
Under the Constitution
The States operate under a clause in the constitution that grants them authority to govern over all marijuana.
The Federal Government operates under a clause that states that interstate affairs are their jurisdiction.
Given the above statements, the Federal Government's position of marijuana seems to have some rational, even if misguided basis in law. But this is not the case. Fed actions on CBD of late have entirely exposed the naked truth. They do whatever they want, when they want, making a mockery of every law under the sun; god's law, natural law, state law, the constitution.
The DEA states that all cannabis extracts, including CBD are Schedule I substances.
CBD is legal in states where cannabis is legal
Individual states generally do not consider CBD to be a controlled substance
The Federal Government has classified CBD as a Schedule 1 Drug, making it illegal
Currently (2017) the Feds are not yet enforcing Schedule 1 Drug CBD laws
The Fed ruling on CBD is being challenged in court on many levels
Cannabidiol, or CBD, is just one of over a hundred cannabinoid compounds found in the cannabis plant. THC is the cannabinoid that creates a high. In contrast, CBD is non-intoxicating, non-toxic and highly medicinal. In the 28 and counting states where medical cannabis is legal, CBD products are covered under the umbrella of state medical cannabis laws.
"Right now, big players with a lot of CBD being moved interstate are in the cross-hairs of the DEA. Others would seem to be a very low priority, at this moment, at least."
DEA officials contend that the inclusion of CBD in the Federal Register notice was almost an afterthought. According to DEA spokesperson Russ Baer, CBD has always been illegal, constitutes a controlled substance has never changed.”
"A CBD product’s legality will depend on where it is sourced. If the CBD was derived from the non-psychoactive part of the cannabis plant, 'then you’re talking a non-controlled substance. - Russ Baer, DEA spokesperson
As a rule of thumb, this means whole hemp products that may contain CBD are legal, but CBD isolate products are not. So, hempseed oil is federally legal. But hempseed oil is not legally the same thing as CBD oil. Hemp is cannabis with less than 0.3 percent THC by dry weight (too low to get people high).
TRUMP AND MARIJUANA
While we're "confident" that Donald Trump will do the right thing when is comes to Medical Marijuana, we still fear the Swamp Monsters that inhabit his Administration, and Washington, from top to bottom. So far, the Swamp Monsters have had their way with marijuana, at least on paper. The wrong guys are saying all the wrong things. Like making CBD a Schedule 1 substance, an act that has fully, completely and undisputably convinced the entire industry that the DEA, FDA among other Federal entities are criminal enemies, not only of the cannabis business, but of the American people.
In a nutshell, the shadow government - the representatives of the big banks and multinational companies push regulation, chemicals, pharmaceuticals, overseas manufacturing, endless war, while stomping on free speech, small business, the family, natural foods and living.
Those Swamp creatures, the career politicians, don't march to the beat of the American citizen, they march to the beat of the suppliers of their paychecks, the donors to their campaigns, and their $1000 per plate sponsors of their speeches, of the kind of which that don't even dry flies on Youtube.
These Washington Swamp creatures have been doing what they do, unencumbered by overall logic and ethics now for some sixty years. Once denighed their a steady stream of graf (brom birth) and immersed into a real world where talent and logic rules the day, thse Swamp creature are indeed a fish out of water. An endangered species. A morbidly obeses dinosarur evolved to eat slow, dull witted slug like animals, which metaphorically speaking are the American people.
Donald Trump and the forces that elected him simply because a Swamp monster to turn blue in the face. Their only defense mechanism is a reflex action, to say anything and everything against Trump and followers. Their arguments hold water only to people in a bubble world, retirees who believe CNN, "academics" who never had a job and live in a basement apartment, educators who were born in the bubble and don't even know the minimal basics of their chosen discipline.
DEFINITION OF A SCHEDULE 1 DRUG - SUPPOSEDLY
Schedule I drugs have the following characteristic according to the United States Drug Enforcement Agency:
DEA: The drug or other substance has a high potential for abuse.
There are no reports of abuse. There is no public outcry of abuse. There is no media reports of abuse. The police countrywide report no abuse.
DEA: The drug or other substance has no currently accepted medical treatment use in the U.S.
Thousands of doctors recommend CBD across the country.
DEA: There is a lack of accepted safety for use of the drug or substance under medical supervision.
There are no police reports, medical reports, newspaper articles etc, that document any safety issues. Federal Government's own sponsored studies confirm the safety of CBD.
DEA: No prescriptions may be written for Schedule I substances, and they are not readily available for clinical use.
The ruling against CBD means that anything and everything that is naturally occurring and is effective, can be ruled as a Schedule 1 "drug'. Critics point the finger directly at Big-Pharma, who stands to lose billions in profits, with the avalanche of patients moving to CBD and Cannabis based medicines.
NOTE: Tetrahydrocannabinol (THC, cannabis) is a Schedule 1 drug by the DEA, and their classification contradicts the U.S. states that have legalized cannabis for personal, recreational use or for medical use.
CBD USE MOTIVATED ENTIRELY BY PATIENTS - THERE IS NO RECREATIONAL MARKET
CBD oil is rapidly increasing in popularity among medical patients, sportsmen, and consumers. Through word of mouth and word of the internet, people are turning to CBD Oil to treat their aching muscles, neurological disorders, anxiety, depression, inflammation and as a general health tonic.
"The DEA cannot create a statute. That can only be done by Congress." - Bob Hoban, cannabis attorney
While many people are confused with the USDA's ruling on CBD which classifies it as a dangerous narcotic, with no known health benefits, this Fed decision is the final straw-clarifier for veterans in the field. The DEA ruling against CBD has nothing to do with its properties, which includes no psychoactive qualities (narcotic) properties whatsoever. The DEA is using cannabis and CBD as a crime fighting tool, while keeping a medicine away from the citizenry.
The DEA said the clarifying rule was needed to bring US law into conformity with United Nations treaties governing controlled substances.
This means that the DEA is compliant with the UN, which directly implies control by international unelected forces.
Despite all, CBD remains available in retail stores and online throughout the country.
“Cannabinoids, such as tetrahydrocannabinols (THC), cannabinol (CBN) and cannabidiol (CBD), are found in the parts of the cannabis plant that fall within the CSA definition of cannabis, such as the flowering tops, resin, and leaves.” - DEA
In recent years, many states have passed CBD-only laws, which legalize the possession and use of CBD products for specific qualifying conditions, but not cannabis products containing higher levels of THC. CBD-only laws often limit the use of CBD products to children with epilepsy, spasms and neuromuscular disorders.
The only States that are in line with the Feds, that explicitly outlaw CBD are; Idaho, South Dakota, Nebraska, Kansas, Indiana, and West Virginia. However, CBD is considered to be a very low priority item by law enforcement.
"Rescheduling cannabis under federal law, rather than descheduling it entirely, will not end federal prohibition, but will bring about some needed changes in law. At a minimum, it would bring an end to the federal government’s longstanding intellectual dishonesty that cannabis lacks accepted medical use." - NORML
Recently, the Georgia legislature passed a law that includes Alzheimer’s disease, AIDS, autism, epidermolysis bullosa, peripheral neuropathy, and Tourette’s syndrome in the list of diseases that can be treated with CBD, so as long as that CBD oil contains less than 5 percent THC.
The DEA itself is focused on using CBD as a tool to investigation and to shut down big manufacturers and distributors.
WILL THE FEDS DESTROY THE MARKET FOR CBD?
The answer is no. The genie is out of the bottle. The Feds have completely blown their cover. The States and people are digging in and the trend is up for medical cannabis, big time. What the Fed's efforts amount to is simply to create friction, inefficiency, hardship for cannabis businessmen and patients alike.
“The sky is not falling; however, this is a very concerning move by the DEA, What it purports to do is give the DEA control of all cannabinoids as a controlled substance.” - Bob Hoban
Hemp growers were very unhappy about the DEA’s rule. The DEA skirted an established federal process: Only Congress can add a new substance to the Controlled Substances Act.
The Hemp Industries Association, RMH Holdings, and Centuria Natural Foods teamed up with the Hoban Law Group, a Denver based cannabis law-firm to challenge the DEA’s rule.
“Cannabidiol can’t be pressed or extracted from hempseed. CBD can be extracted from the flower, leaves, and minor quantities from the stalk of the hemp. Hemp oil manufacturer's lack credibility when they say their CBD comes either the hemp seed and stalk.” - Martin Lee, co-founder of Project CBD
In Colorado, Washington, Oregon, and Alaska, retail cannabis must pass state-mandated lab tests to assure their purity and potency. or they're liable to be seized, as happened recently in Alaska.
DEA SAYS CBD LEGAL - INDUSTRY, POLICE AND STATES SAY NO
WHAT YOU CAN AND SHOULD DO
Since 65% of the country's citizens, the majority of State lawmakers, definitely the cannabis industry (the largest US commodity), law enforcement, prison guards, not to mention the millions of medical marijuana patients from an overwhelming force that will keep the FED at bay, provided that they use their overwhelming power of numbers to force the issue. Indeed, it is a war on Drugs, not the law against criminals, but a War predicted by Thomas Jefferson. It is a War against the tyranny of the state.
Send an email to your senator, congressman, mayor of elected official. Join a group.
Tell them you know that the government has been lying about cannabis for decades.
Tell them you know that the scheduling of cannabis as a I classification is clearly inconsistent in your experience. Direct them to a National Academy of Sciences, Engineering, and Medicine report that acknowledges “conclusive or substantial evidence” that cannabis has efficacy in chronic pain, multiple sclerosis, and many other conditions. These findings are incompatible with the plant’s Schedule I status by the DEA, which opines - it possess no accepted medical use.
RESCHEDULING IS A PARTIAL SOLUTION
Rescheduling would likely permit banks and financial institutions to work with state compliant marijuana related businesses, and permitted employers in the cannabis industry to take tax deductions as any other business. Rescheduling could remove the burden to federal employees subject to random non-essential non-useful workplace drug testing for off-the-job cannabis consumption.
“For these reasons, we urge your support for HR 715,” noted a spokesperson for NORML, “while also recognizing that ultimately cannabis must be removed from the Controlled Substances Act altogether. Passage of HR 715 is a first step in this process.” - NORML
MMJDoctoronline Notes: California residents can purchase CBD Oil, Strains high in CBD and other cannabis based medicines in both Nevada and Cali, with valid Cannabis ID. A licensed medical doctor is standing by to perform a 420 evaluation 100% online. The process takes only a few minutes to assess whether medical marijuana can be recommended to treat your conditions and symptoms. Our documents are accepted at cannabis clinics, dispensaries, cannabis clubs, online delivery services, cooperatives and compassion clubs. We also provide grow permits and renewals, all 100% online.
Compassionate Access Act Introduced in House (01/27/2017)
This bill directs the Department of Health & Human Services to submit to the Drug Enforcement Administration (DEA) a recommendation to transfer cannabis from schedule I to another controlled substances schedule. The DEA must consider the recommendation and issue a final rule to reclassify cannabis.
It permits, for reclassification purposes, consideration of scientifically sound research conducted in a state that allows medical cannabis and in accordance with state law, even if such research uses non-federally approved cannabis.
The legislation amends the Controlled Substances Act (CSA) to:
exclude "cannabidiol" (CBD) from the definition of "cannabis" and remove it from coverage under the CSA;
limit the concentration of delta-9-tetrahydrocannabinol (THC) in CBD to 0.3% on a dry weight basis; and
deem cannabis grown or processed to make CBD, in accordance with state law, to comply with the THC concentration limit unless the DEA determines state law to be unreasonable.
No provision of the CSA or Federal Food, Drug, and Cosmetic Act prohibits or restricts a physician from prescribing; a patient, caregiver, or guardian from obtaining, possessing, or transporting; an entity from producing, processing, manufacturing, or distributing; a pharmacy from dispensing; or a laboratory from testing medical cannabis or CBD in compliance with a state's medical cannabis law.
The bill requires the Attorney General to delegate responsibility for registering cannabis researchers to an executive branch agency that supports research on substances' medical value. Such agency must ensure adequate cannabis supply for medical research.