An NBC 5 investigation first brought the prosecution of CBD oil in Tarrant County to light. In an interview with NBC 5, the Tarrant County First Assistant District Attorney said Tarrant County is "going to enforce the law." When he says that any amount of CBD oil is illegal - and a misdemeanor offense if it does not contain THC - the law he is referring to is not one passed by Texas legislators. Texas legislators have not specifically made cannibidiol a controlled substance. A medical doctor, who serves as the DSHS Commissioner, added cannibidiol to the list of controlled substances.
CBD is extracted from marijuana plants as either an oil or powder. These can be mixed into creams or gels. They can be put into capsules and taken orally, or rubbed on your skin. The multiple sclerosis drug nabiximols is sprayed as a liquid into your mouth. How CBD should be used depends largely on what it’s being used for. Talk to your doctor before using CBD oil. It hasn’t been approved by the U.S. Food and Drug Administration (FDA) for any medical uses, and it can have side effects.
The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from healthcare practitioners. Please consult your healthcare professional about potential interactions or other complications before using any product.
In 2015, Governor Greg Abbott signed into law what’s known as the Texas Compassionate Use Act, which allows the use of CBD oils to treat seizures caused by intractable epilepsy. The Act legalizes oils containing CBD for treatment of epilepsy, as well as other chronic medical conditions for those who have not responded positively to use of federally approved medications.
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.
“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.”
“There is a great deal of confusion regarding the legal status of hemp and why these products are so readily available versus marijuana-based CBD products. In 2014, the Farm Bill stated that hemp was different from marijuana, yet the Drug Enforcement Agency’s (DEA) position is that hemp comes from the cannabis sativa plant and as such falls under the controlled substance act. In 2004, the Hemp Industry Association won a court case against the DEA from the Ninth Circuit Court of Appeals that ruled the DEA didn’t have the authority to ban hemp under the CSA. “By that federal court ruling, similar to non-scheduled hemp food products, this allows Medical Marijuana, Inc. (including HempMeds®) to sell online and distribute to customers in the U.S. states,” said Dr. Stuart Titus, the company’s Chief Executive Officer.”
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.
The situation isn’t much better in the UK; there are so many legal grey areas surrounding cannabis in hemp and CBD form that nobody knows the full extent of the law today. CBD oil is completely legal in the UK, but there is apparent illegality surrounding the possession of hemp flowers. This article is a good read for looking at cannabis laws (including hemp and CBD) in the UK
And we have a long way to go before we fully understand the relationship between CBD and pain regulation. But strong anecdotal evidence, combined with multiple lab tests and even some clinical trials, have established that CBD holds a lot of promise for pain relief. Or in science-speak, CBD “represents a novel class of therapeutic agents for the treatment of chronic pain.”
CBD is the major non-euphorigenic component of Cannabis sativa. Some research is beginning to show that CBD is different than other well-studied cannabinoids. All cannabinoids function as ligands, meaning they dock onto the binding site of a protein and have the ability to modulate a receptor’s behavior. CB1 receptors are widely distributed, but are particularly abundant in areas of the brain, including those concerned with movement, coordination, sensory perception, emotion, memory, cognition, autonomic and endocrine functions.