Explain the Cannabis Legal Muddle to Me – O.K..How Long Have You Got?

Title – Explain the Cannabis Legal Muddle to Me? – O.K - How Long Have You Got?

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This Post, Part Curated from Article by Aaron Cadena & Part by me - ijavee

Cannabis must be the most versatile, most valuable Plant, in our herbal health and usefulness treasury, but also the most demonised, abused and misunderstood .

Due to its ability to naturally treat dozens of chronic conditions, the demand for Cannabidiol (CBD) has skyrocketed. As the popularity of the hemp-derived compound explodes, so has its acceptance in many states across America including California, Colorado, and Kentucky.

While moving in the right direction, the legality of CBD is still very unclear due to laws that differ from state to state and even USA Federal level. This confusion deters many from using CBD. Denying them its benefits as they worry and wonder - “Is CBD legal?”

Answering this is not exactly straightforward as you will see.

(Here is an example) - While it’s true that CBD is legal in all 50 states, there are situations when it isn’t legal.

 The difference between legal and illegal typically depends on several important factors determined by the state in question. There is, however, one very important factor that is a crucial determinant across all states, and that is if the CBD is derived from–hemp or marijuana. - (Marijuana is the Mexican word for Cannabis)

Health Without the Highs

Marijuana and hemp are strains of the same plant, so they do share a lot of characteristics. There is, however, a crucial difference between the two – the amount of psychoactive Tetrahydrocannabinol (THC) each strain of the plant produces. While marijuana can contain up to 30% THC, hemp contains no more than 0.3% THC. In other words, marijuana can get you high, while hemp has such a low amount of THC, that it would be impossible to get high off it.

Because hemp has no psychoactive effects, the law has no problem with it. Hemp products are completely legal and available in all types of different industries and stores across America. Marijuana, on the other hand, is much a different story. And therefore, the source of a CBD product is crucial to its legality.

The Legality of Hemp-Derived CBD

So, is CBD legal? If we’re talking about hemp-derived CBD, then the answer is yes. Now, the keyword here is “hemp-derived.” Because CBD from hemp has no psychoactive effects, the purchase, sales, or possession of hemp CBD products are completely legal in all 50 States. Because the hemp strain is sometimes confused with the marijuana plant, there is still some stigma towards hemp-derived CBD, but from a legal perspective, hemp-derived CBD is completely legal and enjoys the rights of any other legal product.

The Legality of Marijuana-Derived CBD

Marijuana-derived CBD products, on the other hand, do not enjoy the same luxuries. Because it has been derived from THC-rich marijuana, marijuana-derived CBD, even its isolated form, is considered as a by-product of marijuana and is judged accordingly. In some states, marijuana-derived CBD is completely legal, while in others, it is illegal, but in most states, it’s a bit of a mixed bag, each state having CBD-specific laws regarding percentage of TCH content allowed.

While Federal political leadership indifference has caused a ton of confusion for consumers, there are a handful of states where hemp-derived and marijuana-derived CBD are legal, which just might lead to a nationwide shift for CBD legality.

States Where CBD is Legal for Recreational Use and Medicinal use.

As of 2018, there are 8 States where Cannabis plant products , including both marijuana and hemp, are completely legal for recreational and medicinal use. These states are Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, and Washington. So if you find yourself in one of these wonderful states, you are free to legally use CBD in any form without a prescription.

States Where CBD is Legal for Medicinal Use

As of 2018, there are a total of 46 states (including the 8 states mentioned above) where CBD is legal with a prescription for medicinal usage. Now although CBD usage is legal in these states, the law varies from state to state, with 17 states having specific legislation for the THC-levels found in CBD and the conditions being treated with CBD.

These 17 states are Alabama, Florida, Georgia, Indiana, Iowa, Kentucky, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia, Wisconsin, and Wyoming. See the table below for specific legislations per state.

The other 29 states that fully legalize the Medical use of all CBD products derived from either hemp or Marijuana are: Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, Vermont, Washington and West Virginia. The territories of Guam and Puerto Rico also allow the use of CBD products on medical grounds.

Before purchasing any CBD product in these states (aside from the 8 mentioned above) you must have a medical prescription issued by a certified medical doctor. Each state has a particular concentration of THC it allows to be present in a CBD product, with the percentage ranging from 0.3%?—?8%. (See details in table 1.1 below). Even though the legal situation seems to be shifting in a positive direction, if you are in any of these states, it is very important to be aware of the state’s laws towards CBD.

States Where CBD is Illegal

These states are Idaho, Kansas, Nebraska and South Dakota. But there are businesses selling CBD, and patients using CBD in these states. We totally believe in the benefits CBD offers and support the CBD movement, but if you are in one of these states, be cautious and careful when considering using CBD products.

As the CBD movement continues to grow, we are very optimistic that both hemp-derived and marijuana-derived CBD will be completely legal in all 50 states within the next 5 years. Of course, it is still very hard to predict the future, especially given the constantly shifting political landscape, but we can continue to push forward, build awareness, and educate the world about the benefits of CBD.

Aaron Cadena (Author)

View resources for each legislation at the following link: https://cbdorigin.com/is-cbd-legal/

Although this article features USA & USA States,other countries are watching what is happening which will influence their decisions.

Some Comments

Apr 17, 2018

So here’s the rub… CBD oil of ANY kind is Federally illegal, therefore, depending on the job you are applying for, if they require a drug test, you could end up with severe consequences. It’s a HUGE loophole here. AND the labs don’t tell you that they are testing for THC, they say they are testing for marijuana… yet another loophole. Someone we know…

Aug 7, 2018

Not cool at all! Your friend’s employer likely ran drug tests that specifically tested for CBD, as some employers will do this. That is ridiculous though and the laws do not need to be changed. I think we are definitely moving in the right direction but just need to keep informing the masses

Jul 9, 2018

You need to check your facts on the legality of CBD oil in all 50 states. Wisconsin just passed us a little gem here because they’re idiots. https://fox6now.com/2018/05/07/wisconsin-department-of-justice-says-possession-of-cbd-is-illegal-in-most-cases/

Hey, thanks for bringing this to our attention! I’ll update our resources. This article was written prior to the release of the article you linked.

While CBD is legal in some states, it is federally illegal; and because of this, and the lack of information on the subject at the lawmaker’s level, the legality of CBD… more…

May 16, 2018

As one of the people who used marijuana i think legalizing it in our country is ok. Many of us nowadays used marijuana as medicine for there illness. I have witnessed one of my friend who continuously using CBD as one for her medicine to treat her breast cancer. And this article shows…

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May 16, 2018

I definitely agree with you. In countries like Canada and the UK, they are more open minded and see the potential for CBD and I think America needs to set the politics aside and look at what’s best for the people

Jun 3, 2018

There is an issue with this: “If we’re talking about hemp-derived CBD, then the answer is yes.”

What matters here is in the eyes of federal law, hemp the same as marijuana. I am referencing this: https://intellicbd.com/articles/is-cbd-legal/ There is a loophole that says the seeds and stalks are not marijuana, but these…

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Aug 7, 2018

I definitely agree with you. We should always state federally CBD is illegal; however, thankfully we do live in a country where checks and balances keep law-making power in check and states where CBD is legal do protect their citizens, greatly mitigating the risk to almost nothing. It is still important to be aware of the federal law though should a CBD user be traveling to other states where laws aren’t as clear.