Although several clinical studies focused on the health effects of CBD, the results available so far were not enough to convince the FDA to approve it as a drug. The FDA does not agree with its use as a dietary supplement either, but as long as sellers publish the appropriate disclaimers (like those on the CBDPure website and labels), it’s not up to them.
“All parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resins; but shall not include the mature stalks of such plant fiber produced from such stalks oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom),fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination.”
To make matters more confusing, nine states (including California, Washington, and Colorado) let residents buy cannabis-based products with or without THC. Nearly two dozen other “medical marijuana states” allow the sale of cannabis, including capsules, tinctures, and other items containing CBD or THC, at licensed dispensaries to people whose doctors have certified that they have an approved condition (the list varies by state but includes chronic pain, PTSD, cancer, autism, Crohn’s disease, and multiple sclerosis). Sixteen more states legalized CBD for certain diseases.
Because I never go downtown, I had to stop for a latte at my favorite coffee shop—and a second CBD pick-me-up. By the time I stepped into the crowded Indie Beauty Expo, I felt calm and happy. As an introvert, I usually have a hard time making small talk at events. But post-CBD oil, I felt comfortable enough to chat up a storm with every person I met! Three hours later I dragged myself out of the huge exposition and made it to my meditation class, where I took another dropper of CBD oil. Although I really love meditating, I find it particularly challenging to get into the “zone” after a long day at work. Not so much after taking some CBD—it was easy to calm my mind and tune into my breath, despite how fast-paced my day had been.
Armentano pointed to several pieces of evidence as proof that CBD has always been treated as illegal at the federal level. Congress has tried and is currently trying to pass bills to remove CBD from the Controlled Substances Act—which would be unnecessary if the compound were already legal. Further, the Controlled Substances Act itself specifies that the government has the right to control substances that are chemically similar to the ones explicitly listed.
While hemp-derived CBD sourced from marijuana plants still remains subject to individual state laws, when sourced from hemp products, CBD can be purchased and consumed in all 50 states as long as it is grown in accordance with the Act. This means that CBD’s legal status on a federal level is quite clear, however, on a state level there’s some variation.
February of 2017, a Hawaii government committee passed a bill to decriminalize industrial hemp, removed it from the state’s list of controlled substances and excludes growing, possession, processing and the sale of industrial hemp from civil and criminal penalties. No license is needed to grow and the crop is treated as other plants such as tomatoes, fruits, and other vegetables.
In 2017, state Governor Scott Walker signed and passed the 2017 Wisconsin Act 100. This law is described as a “pilot program to study growth, cultivation, and marketing of industrial hemp.” It allows the cultivation of “only industrial hemp of the species Cannabis sativa, with THC concentration of Non-Detectable.” Republican Representative Jesse Kremer sponsored the bill. He tweeted, “signing the bill will make Wisconsin a national and global leader in hemp production.” Wisconsin is joining over 30 other states across the country that are taking advantage of this new cash crop.