Is it Legal?

IS CBD LEGAL IN ALL 50 STATES?

Laws regulating CBD are complex and nuanced and you need to be informed so you don’t break the law. Complying with the law requires understanding both federal and state regulations. The Controlled Substances Act1 (CSA), a federal regulation, classifies marijuana as a Schedule I controlled substance. This means that “marihuana” is illegal on the federal level. But marijuana is not the same as Cannabis and Congress has allowed two exemptions which render CBD lawful under certain circumstances.

FEDERAL LAW

EXCLUSIONS UNDER THE CONTROLLED SUBSTANCES ACT

Cannabis, in general, refers to the genus of the plant Cannabis and includes several varieties of the plant, but Cannabis is not necessarily marijuana (the CSA spells marijuana with an “h”). The CSA defines marijuana as “all parts of the plant Cannabis” excluding the mature stalks, oil and cake made from the seeds, the sterilized seeds, and any compound or mixture derived from those specific portions of the plant. In other words, the CSA prohibits certain parts of the Cannabis plant (see Box A) while allowing other parts of the Cannabis plant (see Box B). Thus, if your CBD is derived from the portions of the plant from Box A, it is illegal. But, if your CBD is derived from the portions of the plant in Box B, it is legal on the federal level.

The Ninth Circuit Federal Appellate Court confirmed that the DEA has no authority to regulate the parts of the plant in Box B, nor can they regulate anything made of, or derived from, those portions. In Hemp Industries Association v. DEA (2004)2, retailers were importing products made from hemp. The DEA instituted a Rule (a federal law) attempting to ban products made from any part of the Cannabis plant. The Court struck down the DEA’s Rule and declared that because the CSA specifically excluded certain parts of the plant, those parts were therefore lawful and the DEA has no authority to regulate them. Thus, if your CBD is imported and derived from the parts of Cannabis in Box B, it is legal.

EXCLUSIONS UNDER THE AGRICULTURAL ACT OF 2014

Congress has provided a second way for CBD to be legal. In 2014, Congress passed the Agricultural Act of 2014 (Farm Bill)3 which identified Industrial Hemp as the entire Cannabis plant and “any part of such plant” that contains less than 0.3% THC. In other words, industrial hemp includes the entire Cannabis plant if it contains less than 0.3% THC. The Farm Bill declared that industrial hemp is legal IF it is grown as part of a state approved pilot program and if it is allowed under the laws of each state. Although it did not change the CSA, the Farm Bill carved out an exception to the CSA for industrial hemp by legalizing the entire Cannabis plant under specific circumstances.

Thus, as shown in Box C above, the Farm Bill expressly exempts the entire Cannabis plant and “any part of such plant” if it (1) contains less than 0.3% THC (i.e. industrial hemp), (2) is grown in accordance with a state approved pilot program, and (3) is in compliance with state law.

Furthermore, Congress passed several Spending Acts4 specifically prohibiting any agency from using federal money to “prohibit the transportation, processing, sale, or use of industrial hemp” if it is grown in accordance with the 2014 Farm Bill. As a result, if your CBD is derived from an industrial hemp plant that is grown as part of a state approved pilot program, it is lawful on the federal level and no government agency can use federal funding to interfere with the sale or use of that CBD product (see Box C).

CannaCare™ CBD is derived from industrial hemp cultivated through a licensed and approved state pilot program and is thus lawful on the federal level pursuant to the Farm Bill and protected by the Congressional Spending Acts.

STATE LAWS

However, even if your CBD product is legal on the federal level, each state has the authority to regulate CBD within that state. As a default, if a state fails to specifically ban CBD, and the CBD is lawful under federal law because it falls under one of the two exceptions above, then by default it is legal within that state. However, there are some states that have in fact made CBD illegal, and other states where the law is convoluted and confusing, resulting in incorrect interpretation of statutes, false arrests, and unnecessary legal problems. The laws of each state are evolving rapidly so you need to check with your own state regarding the legality of CBD in your area before you purchase.

CANNACARE LET’S YOU LIVE THE LIFE YOU WANT!

We’re proud to offer CBD legally sourced from industrial hemp through a state approved pilot program and lawfully grown in Colorado pursuant to the Agricultural Act of 2014. Our extraction process uses advanced technology to preserve the integrity of our product while eliminating bacterial contaminants and other unwanted materials.

At CannaCare, we understand our greatest asset is our commitment to producing the highest quality product for our loyal consumer base and keeping them accurately informed about the law. We promise to support the Whole Hemp and CBD industry by promoting the spread of accurate and objective information about cannabis, hemp, CBD, and other phytocannabinoids including terpenes and flavonoids. Rapid spread of misinformation and confusion online regarding CBD and medicinal marijuana only serves to harm consumers and legitimate resellers of legal hemp-derived CBD products. We are committed to never exceeding the scientific data, respecting both the law and science – and encourage you to do the same. It is our collective responsibility to educate ourselves as well as each other and to change the perception, public opinion and knowledge regarding the Cannabis and Hemp plant. We encourage you, the consumer, to strive to fully understand the potential benefits and risks of using Cannabidiol (CBD) from hemp.

ADD IT ALL TOGETHER AND IT MEANS ONE THING: HIGHER QUALITY, LOWER PRICE, GREATER VALUE! THE PATH TO A NEW AND IMPROVED YOU STARTS HERE. ORDER CANNACARE TODAY.

Contact us with your questions about how to get Cannacare in your area. We work with many doctors, chiropractors, and other practitioners across the country. If you would like to refer to your physician please contact us.

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