January 19, 2017
Is CBD Oil Legal in All 50 States ... or Not?
Because CBD Oil from the Hemp plant does not contain illegal amounts of THC it is legal in all 50 states. This is very important to people all over the US who are in need of CBD but can't get it locally. In addition, legal CBD is available for home delivery in all 50 states meaning many people don't have to relocate to a state with legalized Medical Marijuana. Also in states where medical marijuana is legal, consumers using this hemp plant form of CBD don't have to go through the hassle and for some the embarrassment, of getting a medical marijuana card.
Heard about "legal" CBD oil available online but don't know the facts about these claims? We'll get you completely up to date here and you can make an informed decision on whether CBD therapy is right for you... and available in your state.
Legal CBD oil derived from hemp.
Basically, CBD or (Cannabidiol) as it is known is extracted from the Cannabis plant, from both marijuana and hemp. But, the difference is that CBD from marijuana contains illegal amounts of THC and is illegal in most states. While CBD derived from hemp is legal in all 50 states because of its low (Well under the illegal limit) THC content...In addition, under the 2014 Farm Bill, legally growing hemp and hemp products in the US was granted as long as it's being grown under a State Department of Agriculture Program.
Prior to the 2014 Farm Bill, CBD imported from outside the US was always looked at as the "legal" form of CBD, but the laws were still kind of a gray area and still are in regards to imported hemp CBD oil. The majority of the legal counsel we spoke with said that since the 2014 Farm Bill was signed, US hemp grown under a State Department of Agriculture Program is not subject to the same gray areas as imported hemp products, and therefore are the best choice for a consumer. (We are in the process of doing a complete article about this subject so check back often if you'd like to learn more.)
So yes, as of right now you can get legally grown and extracted CBD derived from hemp delivered to your door in all 50 states. But...where do you get quality CBD from hemp online and what is the cost and procedure?
Miracle CBD Oil...
If you're like many people you're looking for new, powerful, natural, and proven relief from common and serious ailments and are tired of the same old remedies, medications, and pharmaceuticals that seldom work or have bad side effects. People are slowly but surely starting to learn about the power of CBD or "cannabidiol" that is now legally available in all 50 states from the hemp plant.
CBD is an all-natural and legal cannabis-based health supplement that helps boost the human immune system so well it is showing to help with a myriad of ailments... both common and more serious... and the fact that you are here reading this means you are looking for more information to try and decide if CBD is right for you and what company and product you should get this CBD from. So, we've done the research for you and after reading this quick article you'll know exactly where to go to get the CBD products that you need.
CBD oil from Hemp is being called the new miracle oil.
CBD oil is derived from the Hemp plant, which is in the cannabis family, and is being used by thousands of people to help relieve symptoms from a multitude of ailments, and in many cases complete healing is being reported. With many others reporting amazing results in helping with pain, anxiety, arthritis, sleep disorders, and even seizures and cancer in some cases. Also, CBD oil from hemp does not require a medical marijuana card or prescription, and it's available in various potencies, purities, and even flavors... Just "place your order and give it a try" is what we did.
So, there is no doubt that CBD Oil derived from hemp is proving to be extremely interesting and that it's helping a lot of people. The big question is, where do you get the best CBD products at the best possible prices?
How to get it online.
There are many companies online that you can order from and ordering is as easy as any other online shopping. You'll want to choose a company, peruse their products and offers, add the items to your shopping cart and "checkout" just as we did. The basic buying process will be very familiar to your other online shopping experiences.
But, there are some basic guidelines you will want to follow in order to get the best quality CBD oil at the very best pricing. We summarize here...
Does the company use USA purpose grown Hemp plants? This is important as we do not recommend "inferior" industrial hemp and imported hemp/CBD for this purpose.
Does the company offer a Guarantee? This should be a 30-day money-back guarantee if you want to return unused (unopened) product.
Does the company have a toll-free customer support center where you can order over the phone if you like... and/or, get additional information?
Does the company provide "Cost per milligram of CBD" in its pricing? This is very important to getting the best pricing as many companies will mention "percentage" of CBD...But, what really matters is how much you are paying per Milligram... Under 20 cents per milligram for high-quality CBD is your goal. Do the math when ordering and divide the price by the milligrams offered. Example: $48 for 250 milligrams of CBD Tincture = 19.2 cents per milligram, etc.
Does the company have negative entries online and/or complaints from multiple people? You may want to shy away if you see this.
Does the company use USPS tracking and insured delivery to your door?
All this information is great but is CBD oil really legal in all 50 States?
According to the Drug Enforcement Administration, cannabis is dangerous and has no medical value. The agency's system of classification has placed it right next to heroin as a Schedule 1 drug. But, what does weed as a "Schedule 1" substance really mean? This article will explain why our current classification system is simply out of line.
What Is A Schedule 1 Drug?
The U.S. Drug Enforcement Administration (DEA) has a system of classifying both prescription and recreational drugs based on their harm to users and harm to society. The ultimate purpose of this drug classification system is for public safety. According to the DEA, a Schedule 1 Drug is a drug that has no medical value and has a high potential for abuse.
As per the federal government, these drugs are illegal and cannot be prescribed by a doctor. You may face federal prosecution for possession or sale of a Schedule 1 drug.
These drugs are thought to be the most dangerous drugs out there. Schedule 1 drugs are even considered more dangerous than cocaine, methamphetamines, and OxyContin, which all fall under the Schedule 2 classification. The difference being that Schedule 2 drugs are said to have some type of medical use.
There are 5 drug classifications in all. The remaining Schedules 3, 4, and 5 are used to classify prescription drugs that are heavily monitored. It is illegal to possess any of these drugs without a doctor's prescription.
Some Current Schedule 1 Drugs Include:
- Cannabis (marijuana, weed, THC)
- LSD (Lysergic acid diethylamide)
- Peyote (Mescaline)
- MDMA (ecstasy, sass, 3,4-methykenedioxymethamphetamine)
- Mushrooms (Psilocybin)
- Heroin (diacetylmorphine)
- Quaaludes (Methaqualone)
- Bath Salts (3,4-methylenedioxypyrovalerone or MDPV)
Let's take a second to look over that list. According to the DEA, marijuana is as dangerous as heroin, bath salts, and quaaludes. Further, the DEA does not associate any medical properties with the cannabis plant. This is a bit difficult to believe, considering that 29 states now have medical cannabis programs.
Cannabis extracts, including nonpsychoactive oils, are now illegal. The DEA has amended their cannabis policy, but their new rules have gone a little sour.
Now, all cannabinoids are considered illicit by the federal government. They define "cannabis extract" as the following,
Meaning an extract containing one or more cannabinoids that has been derived from any plant of the genus Cannabis, other than the separated resin (whether crude or purified) obtained from the plant.' Extracts of marihuana will continue to be treated as Schedule I controlled substances.
A "cannabinoid" is a phytochemical found inside the cannabis plant. To date, the plant can produce over 80 cannabinoids.
Like most plants and other foods, cannabinoid compounds interact directly with cells in the body. The interaction between the two is what gives the herb medicinal effects.
But, according to the DEA, these compounds are as dangerous as heroin and less medicinal than cocaine. Nearly all cannabinoids are nonpsychoactive, with the exception of THC and THCV.
THCV is estimated to have 25% the psychoactive potential as THC, and it is fairly uncommon in most modern cannabis plants.
Recent research has discovered that other plants have compounds that may have similar effects in the body, including kava, maca, and black peppercorn. Yet, none of these compounds are subject to federal restriction.
The Drug Enforcement Administration clarified that marijuana extracts – including cannabidiol (CBD) – fall under Schedule I drug classification, making all forms of the plant illegal under federal law, according to a notice released today.
In the announcement, "Establishment of a New Drug Code for Marihuana Extract," the DEA revealed a new identification number for marijuana extract, which is defined as: "an extract containing one or more cannabinoids that has been derived from any plant of the genus Cannabis, other than the separated resin (whether crude or purified) obtained from the plant."
The new distinction will help the Administration better track scientific studies on marijuana separately from CBD and other extracts. By making this distinction, they also hope to comply with international drug control treaties.
"Once again, the federal government has shown that it has not caught up with modern science," Nate Bradley, executive director of the California Cannabis Industry Association, told Westword. "It's common knowledge that CBD has numerous medical uses, including curbing the effects of epilepsy and reducing muscle inflammation from injuries. To deny that shows a complete disregard for the facts."
CBD, which occurs naturally in marijuana, has also been cited as a promising treatment for patients with chronic pain and cancer, among other ailments. Unlike THC, CBD is not responsible for getting users high. However, CBD is now considered a Schedule I controlled substance, alongside heroin and LSD, because there is no proven medical use for CBD and it has a high potential for abuse, according to the DEA.
DEA spokesman Russell Baer told VICE News. "The purpose is to drill down and get more accurate information about research that's being conducted with CBD in particular."
Here's the text of the new rule:
After careful consideration of all comments, the DEA is hereby amending 21 CFR 1308.11(d) to include a new subparagraph (58) which creates a new code number in Schedule I as follows:
(58) Marihuana Extract—7350
"Meaning an extract containing one or more cannabinoids that has been derived from any plant of the genus Cannabis, other than the separated resin (whether crude or purified) obtained from the plant."
The creation of this new drug code in the DEA regulations for marihuana extracts allows for more appropriate accounting of such materials consistent with treaty provisions. Such marihuana Start Printed Page 90196extracts remain in Schedule I. Entities registered to handle marihuana (under drug code 7360) that also handle marihuana extracts, will need to apply to modify their registrations to add the new drug code 7350 to their existing DEA registrations and procure quotas specifically for drug code 7350 each year."
What is the Legality of the New DEA Rule? What are the Chances it Will Result in a CBD Ban?
Since this story is breaking, there is still much uncertainty about whether it will lead to a CBD ban or not. For example, this Inquisitr article firmly states that it will lead to a CBD ban:
"The Wednesday decision states that according to the DEA, CBD oil, and any cannabis extract falls under code 7350, a new federal code, and thus carries Schedule 1 status. The ruling is not a change in federal law, but rather a clarification of existing statutes. CBD oil manufacturers have long operated under the theory that since their product was produced from hemp, which contains a lower amount of THC than is illegal under federal guidelines, they were in legal territory at the federal level. The DEA CBD oil decision removes the ambiguity and places CBD firmly under Schedule 1.
The announcement means that CBD oil manufacturers and distributes will have to update their registrations to the new code 7350 by January 13 in the states in which it is legal to produce. It will be illegal to transport the substance over state lines, and the long-term consequences for the CBD oil industry, as well as patients who use it, is unclear."
However, the Forium Legal Counsel believes the DEA is blowing hot air and acting totally outside of its jurisdiction, urging CBD businesses and consumers not to panic:
"Regarding the legal status of CBD derived from industrial hemp: The 2014 US Farm Bill was an act of congress signed by the president and that is the highest law of the land. The DEA cannot make law and try to redefine a law passed by the US Congress which defined industrial hemp in section 7606 as "Any cannabis sativa L that produces naturally less than .3% THC on a dry weight basis."
Furthermore, the DEA is not allowed to interfere with a legal state licensed cannabis business – there is very recent case law that set precedent for this in the 9th circuit. See here: http://www.reuters.com/article/us-usa-ruling-marijuana-idUSKCN10R1YN
Lastly, the DEA was purposely de-funded by the US Congress last year (and is poised to do the same for this year:
(http://archives.sfweekly.com/thesnitch/2015/12/16/congress-set-to-ban-feds-from-enforcing-cannabis-laws-again) from pursuing any enforcement of their archaic interpretation of the Controlled Substances Act (CSA) in legal states."
In conclusion to clarify as of 01-13-2017 the Federal Government has classified cannabis oil as a schedule one drug.