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.
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.”
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.
CBD, short for cannabidiol, is a compound found in cannabis that has gained prominence in recent years for its therapeutic properties. Cannabis advocates have hailed the cannabinoid for its promise in combating seizures, anxiety and myriad other ailments. CBD is “the new ‘it’ drug,” according to The Washington Post. It’s a “rapidly rising star for its capacity to deliver mental and physical benefits,” according to Quartz.
Many in the cannabis industry claim that as long as the CBD product contains less than 0.3% THC, it is classified as hemp under federal law and is therefore legal to possess and distribute. (WTHR commissioned a lab test for Ndiaye’s CBD oil — it had 0.00% THC.)
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.
“This is the best day of my life,” he told WTHR, which has been reporting on Ndiaye’s case and the confusion surrounding CBD laws in Indiana.
Montana – Legalized medical marijuana and CBD products that are approved by the FDA.
Arkansas – Legalized medical marijuana and CBD products that are approved by the FDA.
Delaware – Legalized medical marijuana and CBD products that are approved by the FDA.
Can You Carry CBD on a Plane?
West Virginia – Legalized medical marijuana and CBD products that are approved by the FDA.
Ohio – Legalized medical marijuana and CBD products that are approved by the FDA.
Hawaii – Legalized medical marijuana and CBD products that are approved by the FDA.
South Carolina – CBD products are legal in South Carolina as long as it’s below 0.3% THC. Additionally, CBD for medical use is legal as long as it’s below 0.9% THC levels.