“We need to make a stand to let people know that we believe that CBD should be available in all 50 states,” said Rick Montieth , owner of Georgetown Market.
However, U.S. law is supposed to conform to the Single Convention on Narcotic Drugs , the 1961 international treaty overseeing drug policy worldwide. And the FDA statement notes that CBD is currently under study by the World Health Organization’s Expert Committee on Drug Dependence ( ECDD ). The findings of the ECDD could result in CBD’s resecheduling at the international level. If this were to happen, it would be difficult for the United States to hold out.
Last month, the Indianapolis Georgetown Market told WTHR it will continue to offer CBD oils and lotions.
Amid the legal ambiguities about the status of cannabidiol (CBD), authorities in one state that has cracked down on preparations of the salutary cannabinoid are now admitting that they themselves are confused.
“It’s a complicated issue, and we’re trying to work through it and figure out what the rules are,” said David Cook , chair of the Indiana Alcohol and Tobacco Commission , according to local WTHR . “We’re trying to determine the legality. There’s differing legal opinions whether it’s legal or not, so until those issues are resolved, we’ve placed a moratorium on confiscating it.”
And indeed, a scientific
Pressed by WTHR, Brilliant only said he did not know how long it might take to provide that clarity, while assuring that the attorney general is working diligently with other state agencies to look for answers.
“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.
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.”
“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.
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.
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?
There are certainly CBD producers who source their hemp from cultivators that operate under the Farm Bill. But given how widespread these products are, it’s unlikely that all of them were sourced from research hemp. And state laws on CBD and hemp vary widely. Colorado, which legalized adult-use marijuana in 2012, has a robust industrial hemp program and is home to the first U.S.-bred certified hemp seed. But in Massachusetts, where you can now grow marijuana at home, it’s still a crime to grow hemp without a state license, reported The Boston Globe.
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.)