CBD Laws - Understanding Legislative Positions
CBD in its Raw Form - No Medical Claims
CBD derived from industrial hemp is legal as a food product. Our lawyers have advised us that it may not contain THC in any amount over .03%. Current laws are vague and legislators are working on them to improve safety and protocols.
The lead case that defines the legality of utilizing CBD derived from hemp is the federal case of Hemp Industries Association, et. al. v. Drug Enforcement Administration, 333 F.3d 1082 (2003). In that case, the federal 9th Circuit Court of Appeals ruled that the sale and possession of seeds, oil, and cake derived from non-psychoactive hemp does not fall within the definition of “marijuana” set forth by Congress in the Controlled Substance Act, 21 U.S.C. § 802(16). The court further ruled that oil derived from hemp is not considered a regulated controlled substance within Schedule 1 of the Controlled Substances Act because it is not “marijuana”, and therefore, the DEA was prohibited from regulating hemp oil as a controlled substance. As a result, CBD derived from hemp is not “marijuana” for purposes of federal law and is not considered a regulated “controlled substance” within the Controlled Substances Act.
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