Disagree for cbd oil

CBD Has Never Been A Controlled Substance

My job is to shed light. Most specifically on the great intricacies of cannabis law, policy, and regulation. The past several years have seen extensive debate about the legal status of cannabidiol (CBD). Is it legal? Was it ever a controlled substance? How is it regulated? Lawyers, industry professionals, and learned scholars debate this with so much vigor that it creates confusion, if not a misstatement of the facts. It hurts my ears and burns my eyes to hear or see an argument that identifies CBD as a controlled substance, because the law is quite clear in this regard.

For something to be a controlled substance under the Federal Controlled Substances Act (CSA), it must be specifically scheduled and assigned one of five scheduling criteria. Schedule I is the most restrictive, which indicates that this controlled substance has no medicinal value and a high potential for abuse. Schedule V, the least restrictive, indicates a drug with currently accepted medical uses and treatments in the United States and a low potential for abuse. Schedule V drugs typically consist of preparations containing limited quantities of certain narcotics, but not always. When one combs through the CSA, the word “cannabidiol” or “CBD” is nowhere to be found — not in the code of federal regulations or in the enacting legislation. One must look deeper to find out what is scheduled and what is not.

Hemp-derived CBD oil

First, let’s look at the definition of marijuana with an “H” (marihuana), which is indeed scheduled. This comprises all parts of the Cannabis Sativa L. plant, excluding non-viable seeds stock and fiber, but including the resins and the remainder of the plant. CBD, of course, is present within the marijuana plant. If you derive CBD from the marijuana plant, it would in fact be controlled, because it came from a controlled substance. This is known as the “source rule” — the source of the material dictates its legality. But what if CBD and other non-psychoactive cannabinoids are derived from a legal source, such as the 25 other plant species that contain levels of cannabinoids or industrial hemp?

The only cannabinoid mentioned in the CSA is tetrahydrocannabinol, THC, the psychoactive compound in cannabis. While it is specifically scheduled, courts have disagreed on whether THC needs to be synthetically or naturally derived to fall within the definition of tetrahydrocannabinol under the CSA. Six years ago, industrial hemp was for the first time ever defined separately from marijuana as holding less than 0.3 Δ9-THC percent by dry weight. The 2014 Farm Bill specifically authorized the use of industrial hemp as a legal substance for purposes of market, scientific, and agricultural-based research. The CBD industry exploded because of the “market-based research exception” — one could only study the plant with a viable market in place for its products. This position was litigated in 2018 in HIA v. DEA III and the restrictions were removed by the 2018 Farm Bill.

The industrial hemp plant is no longer a controlled substance, including all of its derivatives, not the least of which is THC. Even THC from industrial hemp is no longer defined as a controlled substance (we’ll dive into this in more detail at a later time). The 2018 Farm Bill didn’t remove CBD from the Controlled Substances Act, but clarified that it was never on it. To be perfectly clear, if CBD is derived from a lawful substance, it is not and never has been a controlled substance. That’s a fact and the law.

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Yet complexities and legal challenges remain. Greenwich Biosciences (the North American subsidiary of GW Pharmaceutical) had received approval for the new drug, Epidiolex, which was identified and placed on schedule V. While CBD was not defined as schedule V, Epidiolex was because the CBD present in it is derived from marijuana. But as with every other aspect of the growth of the cannabis industry, the law rules. The makers of Epidiolex recently requested that it be removed entirely from the schedule of substances and the DEA agreed with this request.

When derived from lawful materials such as hemp, CBD and other non-psychoactive cannabinoids are not controlled substances because they’re not specifically scheduled. Still, there is pushback. Some folks refer to the Analogue Act, a section of the CSA passed in 1986 allowing any chemical similar to a schedule I or II substance to be listed as schedule I if it’s intended for human consumption. However, CBD is not identified as a chemical in schedule I or schedule II and is one of more than 100 identified cannabinoids contained within the cannabis plant.

The nexus of cannabis law, policy, and regulations has evolved a great deal in the past decade. Prior to the 2014 and the 2018 Farm Bill there was no legal distinction – it was all marijuana. Now, our definitions of cannabis are rooted in science and a plant’s legality is judged based on its chemical makeup.

Despite the perceived uncertainty regarding the legality of the compound CBD, we can officially put it to rest. Unless derived specifically and strictly from a marijuana plant, CBD is not now, and has never been, a controlled substance.

CBD: Concern, or no Big Deal?

You’ve probably heard of THC (delta-9 tetrahydrocannabinol), the cannabis compound that is responsible for the “high” with cannabis use. But, THC is just one of 80 different “cannabinoids,” or natural chemical compounds in the cannabis plant that interact with the body’s central nervous system. Perhaps the second most well-known cannabinoid is CBD (cannabidiol).

But, what is CBD? We’ve weeded through the evidence to tell you some of what’s known so far.

Unlike THC, CBD does not cause a high or intoxication. Some data suggest that it may actually offset some of the intensity and unwanted psychoactive effects of THC, such as anxiety, paranoia, memory loss, and euphoria.

Research on the medicinal uses of CBD is ongoing, but little is currently known. The Food and Drug Administration recently approved the first cannabis-derived CBD drug (Epidiolex) for treatment of seizures in patients age 2 years and older. Beyond that, pre-clinical (cell and animal) studies suggest that CBD may be therapeutically useful by containing antioxidant, neuroprotective, anti-inflammatory, analgesic, anti-psychotic, and an anti-anxiety properties. However, these effects are only just beginning to be more broadly studied in humans.

Commercial CBD products aren’t well researched. Products containing CBD are sold by retail cannabis stores, supermarkets, and health stores as tinctures, edibles, sprays, capsules, lotions, and more. Since little is known about how to dose CBD for various potential medicinal effects, we don’t know if these commercial products contain the right amount of CBD to produce any medicinal effects. Currently, Epidiolex is the only CBD-based product approved by the FDA for medical use in the U.S., and it is only approved for treatment of seizures.

Commercial CBD products aren’t well regulated. There are a lot of different CBD products out there, and those that are found outside of a licensed cannabis retail shop are unregulated and may not be tested. This means product quality is uncertain; some commercial CBD products may contain contaminants, other dangerous chemicals, or synthetic CBD oil, and the concentrations of CBD in the products may not be reliable.

CBD can interact with other drugs. It can cause the body to metabolize some drugs differently, which may result in an adverse reaction. Drug interactions can occur, for example, with a number of commonly used medications including steroids, antihistamines, calcium channel blockers, immune modulators, benzodiazepines, antibiotics, anesthetics, antipsychotics, antidepressants, anti-epileptics, and beta blockers.

A CBD-infused gummy a day does not keep the doctor away. Here’s the bottom line: CBD may eventually prove to have medical benefits, but there is still a lot that we don’t know. While research catches up on its uses, correct dosage, and long-term effects, it’s important to consider potential risks. People who are interested in trying CBD should talk to their healthcare providers first, and should purchase products from a licensed retail cannabis store.

Sources and Resources:
  • World Health Organization: Cannabidiol (CBD) Pre Review Report
  • Harvard Health Blog: Cannabidiol (CBD) – what we know and what we don’t
  • Partnership for Drug-Free Kids: What parents should know about kids using CBD
  • NIDA: FDA Approves First Drug Derived from Marijuana
  • NIDA: The Biology and Potential Therapeutic Effects of Cannabidiol

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5 thoughts on “ CBD: Concern, or no Big Deal? ”

Although this article is short, I think it provides a good foundation of what CBD is, the uses, and concerns–something that I wanted to learn about since I know some of my friends that use CBD products for its therapeutic effects. It is obvious that CBD needs to be researched more to discover the long term effects and the correct dosages to feel the therapeutic effects. The CBD market reminds me a lot of the vitamin industry in that there is a lack of regulation and proof of what is ~really~ in such products. For people who take supplements everyday, I would recommend checking out labdoor.com where they test over-the-counter vitamins and supplements to check for how true their products match up to their labeling and other important factors.

CBD really has a great potential in treating numerous health problems, but it is true, that commercial CBD products aren’t well regulated, especially on Amazon, where they found out that a product was labeled as 1000mg CBD, but it cointained only 8mg of CBD in it. It is always recommended to ask for COA (certificate of analysis) before buying CBD products or maybe even get them analysed by yourself.
In one study (with synthetic CBD) they found out that it metabolizes through liver enzymes, Cytochromes P450, as well as numerous medicines do. This can lead to “unpredictable” effects of medicines as its effects can be enhanced, diminished or can stay the same.
Many people think off CBD as a magic cure for everything, but that is definitely not the case. It can help ease, prevent and even cure some diseases, but it definitely isn’t a miracle compound as many would like to hear.

This is a really interesting article that highlights the current state of CBD. I have seen CBD on the rise lately, particularly on social media. I recently watched an Instagram story of a popular “influencer” squirting CBD oil in her mouth, claiming it helped her anxiety. I was a bit skeptical about this, so I did some research and found much of the same that you reported in this article. There were a lot of mixed opinions on the effectiveness of CBD and much of the “evidence” was anecdotal. I totally agree with you that there isn’t a lot of research on CBD and more needs to be done. The lack of regulation is also a huge issue, especially with the large market online. I do look forward to seeing what the FDA does with CBD oil in the future as I think it may have potential to help certain issues, but at this time there is too much uncertainty around the product to make a definitive claim about it.

On another note, I recently saw in the news that Kim Kardashian West had a CBD-themed baby shower. It will interesting to see just how much celebrity influence has on the use of CBD even without clear scientific benefit. We will have to see.

Great informative article!

The current state of CBD in the US is very interesting as highlighted by this post. Though it is unregulated and there is wide discussion regarding “proper” dosage, the therapeutic effects described by those who use CBD are undeniable. A common argument of those who disagree with the use of CBD is that its effects are placebo. In my opinion, this is best case scenario for users of CBD. If CBD truly has no effects, the users are perceiving beneficial effects with no risk of true dependency.

While I do agree that continued CBD research is necessary, I also think that there are minimal reasons for concern of users in terms of public health. Research can help steer us in the direction of the most effective way of dosing CBD for a desired effect, but if it gets adopted by big pharmaceutical companies it may become the antithesis of what it seeks to remedy – affordable relief from anxiety, restlessness, and the like.

This was a very interesting and short read on the quick facts on CBD. The main idea that I retrieved from this post was that there is not a lot of regulation on CBD products in general. With that being said, I would advise consumers and patients to purchase and use CBD products with caution as mentioned in the post due to low levels of research. Medicinal effects are not certain, but a lot of people still use it to help to relieve some of their symptoms and other prominent health issues. CBD oil affects many neurotransmitter receptors that help reduce pain. It also counteracts the effects of THC, the chemical in marijuana that makes someone high or intoxicated, by inhibiting the receptor’s affinity to bind to THC. Furthermore, it stimulates the 5-ht1A receptor which triggers responses to help with anxiety, addiction, sleep, pain, nausea and vomiting. I can go on and on with the effects of CBD, but the extent to which it actually relieves these symptoms will vary from person to person since the dosage has not been identified for the best benefit. The only exception is Epidiolex, the CBD-derived prescription only medication to treat seizures.
I work in a pharmacy and our store sells over the counter CBD products. Occasionally, we would have customers coming in and asking about those products. For which health concern, I am not sure. I personally know someone who uses CBD oil to help regulate her sleeping behavior. She tends to take a long time to fall asleep at night and these cycles are usually inconsistent due to her working schedule. After taking some CBD oil, she was able to fall asleep much quicker. She told me that she uses that CBD oil product periodically to assist her with sleep and that she no longer takes melatonin. For some people, it may work, but I would still encourage the public to be careful when purchasing CBD products, especially online because scammers and risk of getting the wrong product is higher with uncertified websites who may mask their identity.

Settling the Debate: Is CBD Oil Legal?

CBD oil—it’s all you hear about these days. The health benefits of CBD are numerous, and it is a non-intoxicating alternative to THC. Once you begin talking about CBD with your friends and family, however, some objections come up. The legality of CBD is hotly contested among some, while others do not seem to understand the difference between THC and CBD.

So, who is right? Is CBD legal? The answer is: it depends. Federal and state laws are definitely at odds with each other. While CBD is legal in most states, there are exceptions to the rule. Let’s explore the concrete information surrounding CBD, so that you know how to answer concerned friends and family.

Unfortunately, the situation is a bit confusing, and the answer is likely to be continually changing as more states consider full legalization. This guide will clarify where the law currently stands, as well as where things may be headed in the future.

The DEA Furthers Confusion

In order to fall in line with the United Nations’ stance on controlled substances, the U.S. Drug Enforcement Administration (DEA) has emphasized that CBD is considered a controlled substance. After realizing the confusion and backlash from this statement, it was amended to clarify that CBD, among other cannabinoids, occur in marijuana, which is an illegal substance on the federal level.

According to federal law, CBD is illegal. In certain states, however, it is legal. Only six states still consider CBD to be entirely illegal: Idaho, Nebraska, Indiana, South Dakota, Kansas and West Virginia. This disagreement between state and federal law causes issues for many who wish to use CBD oil.

Was the DEA’s Announcement Illegal?

CBD is usually extracted from hemp, not marijuana. Additionally, only Congress is allowed to add a substance to the controlled substances list. For these reasons, hemp growers are not happy with the DEA’s statement. However, the DEA holds that cannabinoids, in general, have always been considered a controlled substance.

While the DEA cannot add or remove substances from the list, it appears that the organization may have been correct in their statement that CBD is already illegal. Congress has been attempting to pass legislation to remove CBD from the controlled substances list. This wouldn’t be necessary if it was not considered a controlled substance.

Medical Needs Matter

Thirty-three states have passed various legislation regarding medical marijuana. In these states, CBD is also under state protection. Sixteen other states have laws allowing CBD, even though marijuana is not allowed. High levels of THC are not allowed in these products.

While THC provides a psychoactive effect, CBD offers the same medicinal benefits without the “high.” Patients looking for CBD, however, may have issues finding it, since dispensaries and other facilities that sell CBD products are not always allowed.

Georgia is an example of a state with medicinal allowances. CBD with less than 5% THC is allowed to treat:

  • Alzheimer’s,
  • Autism,
  • Tourette syndrome,
  • AIDS,
  • Peripheral neuropathy,
  • And other diseases.

The Endocannabinoid System

CBD oil is beginning to make the news on a regular basis due to the changes it has made in the lives of many. Unsplash/R+R Medicinals

Our bodies contain a system of cannabinoid receptors, known as the endocannabinoid system. While these receptors are present throughout the body, they come in different forms. THC and CBD, for instance, bind to different receptors than each other. This is how both can offer medical benefits, while only THC possesses psychoactive properties.

There are over 100 compounds present in cannabis, and we are only just beginning to understand how each one interacts with the human body. Future research could show the benefits of compounds still unknown to us.

The Laws Continue to Change

CBD can be a controversial subject, despite its lack of a psychoactive effects. Because of this, the laws can often change. Alabama was only allowing CBD use in clinical trials, but the state recently decided to legalize CBD. This was made possible through the Farm Bill.

In areas where CBD continues to be illegal, arrests are rare. One may be arrested for selling it, although the items are usually just confiscated. Possession does not usually end in arrest. If CBD is illegal in your area, however, it is important to obey the law.

The Farm Bill

The Farm Bill, passed in 2014, made the production of hemp legal under approved pilot agricultural programs. This was intended for research purposes. Hemp contains less than 0.3% THC. Though hemp technically contains THC, the THC is not psychoactive in such a small amount.

While hemp fiber and seeds are mentioned in this bill, CBD is not specifically mentioned. If CBD can be derived from hemp fiber and seeds, then CBD is legal. But whether or not this is possible remains up for debate.

The Source Matters

When it comes to whether or not CBD is legal, it all depends on where it comes from. A lot of companies that sell CBD claim that their CBD is extracted for hemp. CBD that comes from hemp is legal; CBD extracted from other parts of marijuana is not.

This makes hempseed oil legal on a federal level. There are differences, however, between hempseed oil and CBD oil. Some companies that claim to sell CBD oil are only actually selling hempseed oil.

CBD and Hemp

It is not possible to extract cannabidiol from hempseed, currently. Flowers and leaves are where the cannabidiol comes from, although you can get a small portion from the stalk. This is not to say that your CBD oil does not actually contain CBD, however. The sourcing is what may be questionable.

In Colorado, Washington, Alaska and Oregon, you can be sure that the amount of CBD on the label does exist. In these states, cannabis is completely legalized. Products must pass state mandates regarding their claims on labels, so companies that fake information may be in legal trouble. The U.S. Food and Drug Administration (FDA) ran tests on multiple CBD companies’ products in 2015 and 2016 and found that the CBD content was over exaggerated or not at all present.

The FDA does not regulate CBD, so keep this in mind. They just tested the products as a one-time experiment. Sometimes, industrial-grade hemp is imported from Europe or Canada, but this is not often potent. Other companies genetically engineer strains.

Ease of Access Issues

Because of fear from the ruling of the DEA, many non-cannabis retail stores are not willing to stock CBD oil. There are some stores, however, that focus on CBD and hemp products. There is also the possibility of ordering CBD oil directly from websites.

Other retailers claim that the statement made by the DEA has, in a sense, backfired on the DEA itself. Some areas have seen CBD sales climb. It is expected, however, that all of the confusing information surrounding CBD oil will cause some producers to be more careful with the production process, to make sure they are above reproach.

Clarifying the Confusion

The DEA’s final statement on the issue is this: “Cannabinoids, such as tetrahydrocannabinols (THC), cannabinols (CBN) and cannabidiols (CBD), are found in the parts of the cannabis plant that fall within the CSA [Controlled Substances Act] definition of marijuana, such as the flowering tops, resin and leaves.”

This means that CBD is only legal if it is sourced from other areas of the plant that do not qualify as “marijuana” given its current definition by the federal government and the DEA.

While some states allow CBD possession, federal and state law must both agree for CBD to be free of consequence. For example, someone who fails a drug test because of CBD that contains too much THC will not be allowed to work a federal job.

Some CBD products are completely free of THC. Those that contain trace amounts are referred to as “full spectrum” products, and you are still supposed to be able to pass drug tests due to the minimal presence of THC.

In general, CBD that contains less than 0.3% of THC is considered legal across the United States.

Continuing the Fight

CBD that comes from hemp is legal; CBD extracted from other parts of marijuana is not. Unsplash/Robert Nelson

Hemp farmers are not going to quietly stand by the DEA’s ruling. The Hogan Law Group in Denver helped the Hemp Industries Association, RMH Holdings and Centuria Natural Foods challenge the ruling by the DEA. There are 74 agricultural groups and companies that compose the Hemp Industries Association.

Not all proponents of legalization disagree with the DEA, however. Paul Armentano, the deputy director of the National Organization for the Reform of Marijuana Laws (NORML), clarifies that this is a legal technicality regarding a truth that already exists:

“The DEA makes it clear they don’t have to explicitly list anything as a controlled substance as long as a substance is intended for human ingestion, not approved as a drug by the (U.S. Food and Drug Administration), or is structurally or pharmacologically similar to another controlled substance,” he explained.

While this ruling is an administrative change, it does not change anything regarding law enforcement. Armentano’s acknowledgement of the DEA’s statement shows that it may have backing, regardless of one’s stance.

Do the Research

  • Where is the company from?
  • How long has the company been producing and selling CBD oil?
  • Do they have any certifications or other form of verification?
  • What part of the plant do they claim to extract the CBD from?
  • What other ingredients may be present?

It is possible to research information about your CBD oil and make an educated choice on which product you should consume. You can also ask people who currently use CBD oil for their opinion on which product works best.

The Bottom Line

CBD sourced from portions of the marijuana plant are illegal on a federal level, but legal in most states. Check the law in your local area to be sure of the rules. The legislation surrounding cannabis and CBD is constantly changing, and as the legalization of marijuana spreads, so will the legalization of CBD oil (no matter what the THC concentration).

There are many who rely on CBD oil for the medical benefits of cannabinoids without being able to use THC. CBD oil is beginning to make the news on a regular basis due to the changes it has made in the lives of many. For those looking to avoid the psychoactive effect of medical marijuana, CBD may serve as a more desirable alternative to THC.

The sale of CBD oil and other hemp products is a major business with a large profit margin. The product is touted to have medical benefits, skincare benefits, and to produce quality lotions and paper products. Companies will continue to push for the production of these products.

Depending on the Source and THC Percentage, CBD Is Legal

CBD extracted from the “non-marijuana” portions of cannabis is legal, but it is not likely that many products claiming to have CBD are following this guideline. Many states disagree with federal law, however, and allow access to the product.

When investing in a CBD product, be careful about who you trust. Try to find a reputable manufacturer that is not likely to falsify label information. Referrals from someone you know personally may make a difference in this area. Also, if you’re concerned about the legality, make sure that your CBD is third-party tested or guaranteed to contain no more than 0.3% THC.

The Future Is Full of Change

Everyone is beginning to see the effects of legalization in Colorado and Washington, prompting other states to follow suit. If legalization continues to be a positive influence on the economy, medical needs, and other areas, then it is only a matter of time before legalization hits the federal level.

Just remember, when in doubt, consult state law. Chances are, you can use Google to find a state-sponsored website with all the information you need concerning the legal status of CBD oil in your state. You can also check with your employer if you are worried about drug testing.

Regardless of the DEA’s statement, the DEA follows what is already in effect. If Congress removes cannabinoids from the controlled substances list, then the DEA will have no sway over any type of CBD use. Legislation with this purpose is constantly under discussion, so it may only be a matter of time before the change comes to the Controlled Substances Act.