Is CBD legal where you live? Many people don’t know the answer to this question. Why would there be so much uncertainty about this? Well, that’s an easy question to answer. Without a trace of a doubt, the reason the answer to is CBD legal where I live is so confusing is because of the U.S. federal government.
The question is CBD legal or not is one that’s coming up in more conversations than ever in the past. Perhaps, this is because more states are adopting positive cannabis reform laws and voting yes on medical marijuana. This is where some of the confusion comes into play.
Where Does the CBD Come From?
CBD comes from Cannabis. Cannabis has two basic varieties, one being marijuana, the other being hemp. The big question should be what type of CBD is legal where I live? The most straightforward answer to this is if you live in a state that has legal medical marijuana laws in place, then CBD products are legal.
If you live in a state that has no active medical marijuana laws in place the CBD products that are legal, are only ones that come from hemp. Hemp contains only a 0.3 percentile of THC. Anything higher than that isn’t hemp. A lot of people have concerns about trying CBD products for fear of failing a random drug test.
What’s Up With Drug Tests for CBD?
Random drug testing came about during the Reagan and Bush Administration as a way to fight the war on drugs. Unfortunately, this method has failed horribly doing more harm than good according to millions of Americans. Random drug testing has had circumstances where individuals failed their drug test while using CBD products that came from hemp.
How can this happen you ask? It has to do with the specifics of the drug test. If they are testing for the CBD metabolite, and you’re consuming CBD, it will show up. This type of analysis isn’t one that should be performed by your basic employer though. Considering that as long as your CBD comes from hemp that it should be legal, you have grounds for a legal defense.
A Prime Example
This was precisely the case of Mamadou Ndiaye. This Indiana resident was facing jail time and a possible $1,000 fine for marijuana possession. Police charged Mamadou with marijuana possession for having a bottle of CBD oil. The state of Indiana had recently legalized CBD. Thanks to the change of law the prosecutor along with the judge dismissed the charges against Mamadou.
Even though this individual did not spend time in jail, there was the being charged with marijuana stress anguish and going to court to prove what law enforcement officers should already have been informed about. When a state passes a law the employees of that state should be notified and be obligated to enforce that law not continue to enforce outdated laws of the past.
This is Why the Question Is CBD Legal Must be Asked
It’s confusion like this that sends mixed emotions for consumers considering trying CBD. Nobody should have to fear incarceration or persecution for treating themselves with a natural plant alternative like CBD. There is an astonishing amount of medical evidence suggesting CBD has a multitude of medical benefits.
Laws were put in place during the Obama Administration that allowed CBD to get where it is today. The law was known as the Cole Memo. Recently the Trump Administration abolished the law sending fear across the Cannabis community that the federal government would be coming after cannabis in all forms once again.
This issue was avoided, and Jeff Sessions was denied funding to pursue prosecuting cannabis businesses in legal states. With that in mind, hemp is available in many different stores across the country. You can find hemp clothing, topicals, hemp seeds and infused foods everywhere from Walmart to specialty stores.
The big problem comes with the FDA and DEA. The FDA will not regulate CBD. It is not supported by the DEA who works hand-in-hand with the FDA. In return they use the policing force of the DEA to attempt to keep CBD and cannabis in general, away from the people.
Do People Have to Make A Stand Like They Did in 1776?
In most instances, store owners or consumers that have charges brought against them for CBD possession labeled as marijuana have these charges dismissed. Unfortunately, many of these people do not turn around and press charges in the form of a countersuit.
When this starts to happen perhaps, law enforcement officials will take the time to learn new laws and enforce them correctly. Until then a lot of confusion will likely still float around about if CBD is legal or not. When will our political leaders stop causing so much confusion about CBD and marijuana legalization?
America is supposed to be governed by the will of the people. Yet, here in 2018 with overwhelming support to end cannabis prohibition, our political leaders stand in front of us and utter words like more research and regulation. No. What they need to do is listen to the people. This same thing was said during The La Guardia Committee Report in 1944.
The People and Professionals Support It – It’s Time for a Change
“Polls show 94 percent of Americans – and 91 percent of Republicans – support medical marijuana, and two-thirds of Americans and more than half of Republicans support making it legal for recreational use.”- The Hill
Cannabis, by all means, should be legal. When you learn the driving forces behind why it’s remained illegal, a clear picture is painted. One of greed, deception, power, and control. One that rebranded slavery. One that went against the will of the people and the wisdom of those commissioned to study cannabis.
Medical professionals like Dr. Sanjay Gupta, Dr. Bearman, and Dr. Uma Dhanabalan are coming forth with 30-40+ years of medical experience to say what the American government has told us about cannabis is wrong.
They’re telling the world that cannabis could help stop the opioid epidemic. That cannabis is not a gateway drug. They’re telling the American people along with the rest of the world that they’ve been lied to now for decades and they’re sorry for the role they played in this.
So Is CBD Legal in the United States
Why can’t our political leaders do the same? To sum it up, CBD from hemp is legal in the U.S. but, you may have to go to court to prove it. CBD from marijuana is only legal in states that have medical and recreational marijuana laws in place.