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February 10, 2020

Top Denver Criminal Defense Lawyer Issues Warning CBD Oil Not Legal In All States

CBD or cannabidiol a component of cannabis has recently gained popularity among US citizens because of its claimed benefits in alleviating pain among other health claims. The legalization of cannabis-based medicine in the United States has been a hot topic with pro and anti advocates throwing their claims at each other. Currently, states are exercising their right to regulate the cultivation, distribution, and consumption of this once controlled substance.

Woman smoking

What is CBD oil?

CBD oil is derived from the cannabidiol compound found in cannabis. It is different from the cannabinoid (tetrahydrocannabinol) THC that has a “psychoactive” and causes the high when using marijuana. CBD has the benefits of painkillers without the “high” effect associated with marijuana use. A number of studies show that CBD helps with a variety of pain and mental anxiety.

Federal Ruling on Hemp

The House Judiciary Committee approved a bill in 2019 that legalizes marijuana on the federal level. This means that marijuana is no longer part of the Schedule 1 Controlled Substance Act. The production of hemp is now under the Department of Agriculture, not the DEA. This is to help increase revenue from marijuana production and commerce.

However, products derived or that contain cannabis or its components are still not allowed to cross state for trade. There are still a lot of additional provisions that need to be discussed by congress to eliminate gray areas in the law.

State Laws

States have their own stance with the use of marijuana and their products. Most states allow the use of marijuana and their products for medical purposes, while others allow recreational use. According to this site https://www.tranicriminaldefense.com, although marijuana has been legalized in Colorado through Amendment 64, there are still restrictions in the production, distribution, and consumption of cannabis. Only those over 21 years of age can partake and not more than 1 ounce of the substance can be possessed. The nuances of the legalization of marijuana have led to many arrests even after the law has been passed.

Below is a categorized differentiation of each state’s stance on the different CBD products:

  • Hemp-based CBD for all purposes

CBD sourced from Hemp contains less than 0.3% THC compared to the other variety of cannabis. The following state legalized its use for all purposes:

Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Washington, D.C., West Virginia, Wisconsin, and Wyoming

  • Marijuana-based CBD for Medical use

CBD sourced from Marijuana contains more than 0.3% of THC and this category has states that legalized it for medical purposes only. They also legalized Hemp-based CBD for all purposes:

Alabama, Alaska, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Iowa, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Utah, Vermont, Virginia, Washington, Washington, D.C., West Virginia, Wisconsin, Wyoming

  • Marijuana-based CBD for Recreational use

These states have legalized the recreational use of marijuana and its CBD derivatives. They also legalized Hemp-based CBD for all purposes and marijuana-based for medical purposes:

Alaska, California, Colorado, Illinois, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, Washington, and Washington, D.C.

Each state has different rules and regulations when it comes to CBD. It is important to know what are the legal CBD products and its boundaries with regards to production, trade and consumption. To avoid getting into a serious offense, the above mentioned facts will truly guide you to be responsible for using CBD products.

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