Is CBD illegal to possess
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CBD oils (cannabidiols) are gathering a great deal of popularity. In recent years, the number of athletes, patients, and consumers wanting to purchase the oils has risen sharply.
However, the Drug Enforcement Administration (DEA) issued a rule regarding CBD possession that is utterly confusion.
The rule repeats that CBD oils are considered Schedule I substances. According to the DEA, the rule was reissued as a means of clarification, and to ensure the U.S. laws conform with the governing treaties of the United Nations.
Unfortunately, the rule only muddied the waters even further. The confusion coming from manufacturers, consumers, and retailers led to an immediate court challenge led by CBD oil producers.
The DEA, in response, issued another clarification stating that cannabinoids found in flowering tops, leaves and resin fit the CSA definition of marijuana.
CBD laws vary depending on which state you live in. And while CBD is still considered illegal under FDA federal law, it can still be purchased in shops and food stores around the country. However, some of the products may not contain any CBD at all. There in lies the confusion.
The bottom line is CBD is only allowed in 44 states. While THC is the cannaboid people need to get high, CBD itself is non-intoxicating. In the past few years, 16 states have passed CBD-only laws that make it legal to use under qualifying conditions.
The CBD-only laws also restrict usage to children with certain afflictions such as muscle conditions, epilepsy or nerve damage.
Oddly enough, the DEA still considers CBD federally illegal in states with CBD protections. Every part of the cannibis plant is considered illegal in Idaho, South Dakota, Nebraska, Kansas, West Virginia and Indiana.
So the states with the CBD-only laws allow a patient to use it, but not obtain it legally.
For example, the 2015 law passed by the Georgia legislature allows patients with qualifying conditions to legally possess up to 20 oz. of cannibis. However, the state has no supply infrastructure. The legislature later passed a compromised law allowing alzheimer’s, autism, AIDS, Tourette’s syndrome and peripheral neuropathy to the list of approved CBD oil treatments. But the oil has a 5 percent THC limit.
Today, opinions are still divided about what the DEA means. Cannibis attorney Bob Horan says the DEA has no authority when it comes to making statutes “Only congress can do that,”according to Horan. The fight continues.