Meanwhile, the Drug Enforcement Administration maintains that CBD is definitely still illegal. Last November, a spokesperson for the agency explained to WTHR that those who violate federal drug laws still run the “risk of arrest and prosecution.” But he also said that the DEA is not going after individuals who have benefited from CBD oil.
The 2014 Farm Bill is often cited as evidence that CBD derived from industrial hemp is now legal. But the legislation legalized only a very narrow set of hemp cultivation activities: It is legal to grow hemp under a state pilot program or for academic research. It is also legal to cultivate under state law “in which such institution of higher education or state department of agriculture is located and such research occurs.”
An Indiana man was overwhelmed with emotion this week when a county court dismissed his case.
Mamadou Ndiaye was facing jail time and a $1,000 fine for marijuana possession. But Ndiaye possessed only CBD oil – a substance that was legalized by the state legislature last month. Thanks to the new CBD law, the prosecutor and judge both decided to dismiss the case.
But contrary to what these articles suggest, CBD products are not “legal in all 50 US states.” If that were the case, why would Ndiaye be charged with a crime? Why would the Indiana police raid retailers selling the stuff? And why would the Indiana legislature take it upon itself to legalize CBD?
Then, there’s HIA v. DEA – a lawsuit by a hemp trade association that challenges the agency’s classification of CBD as a Schedule I substance. Federal judges at the Ninth Circuit Court of Appeals heard oral arguments in the case earlier this year. Clearly, attorneys representing hemp businesses have a different interpretation of federal law than the DEA.
“It would not be an appropriate use of federal resources to go after a mother because her child has epileptic seizures and has found something that can help and has helped. Are they breaking the law? Yes, they are. Are we going to break her door down? Absolutely not. And I don’t think she’ll be charged by any U.S. Attorney,” DEA spokesperson Rusty Payne told the Indiana news station.
It’s hard not to hear about CBD right now. Whether it’s on TV, an ad popping up in your Instagram feed, or your friends talking about it, cannabidiol CBD is everywhere. And for good reason: many of those ads you see or conversations you hear will tout CBD as an all-natural solution for insomnia, stress, aches, and so much more. And this plant-based product comes in so many forms, making it easy to consume and simple to purchase. But with so much information and wide-spread availability, you may wonder whether all CBD products are legal. And if so, are they legal in your state? And what about the rest of the United States, is CBD legal in all 50 states?
These states have specific laws that allow retailers to sell hemp-derived industrial products.
What’s the Difference Between Hemp and Marijuana Plants?
Such jurisdictions include Oklahoma, Illinois, Indiana, Kentucky, Colorado, Alaska, South Carolina, Rhode Island, North Carolina, Oregon, New York, Missouri, Maryland, Wisconsin, Vermont, Utah, Tennessee, and Texas.
The FDA is in the process of assessing CBD’s safety. Its stance, for now, is that it’s illegal to add CBD to food or to use CBD as a dietary supplement for commerce between interstate lines.
1990s-2010s: Cannabis supporters push to reclassify hemp and marijuana, based on their medicinal purposes. In 1996, California becomes the first state to legalize marijuana for medical purposes.