Is CBD Legal? Federal & State Laws (2019)

Is CBD Legal? Federal & State Laws (2019)

With so much random information being thrown around the internet, it can be very difficult to differentiate what is true and what is false. New laws and bills are constantly being passed that create a great deal of confusion in the cannabis world.

Is CBD legal in all 50 states? Is it legal in the federal government? Do I need a prescription in order to consume CBD?

In this article I’m going to update you on the legal status of CBD, and only CBD, in the United States.

I will not cover the legal status of marijuana or any other substance.

What is CBD?

Surely, you’ve heard of the world-famous cannabis plant. Well cannabis comes in different forms such as potatoes at your local grocery store. One variation of cannabis is called hemp.

All cannabis plants contain cannabinoids, which are a group of similar compounds. The industrial hemp plant happens to contain large quantities of special cannabinoids known as cannabidiol or CBD for short.

Unlike marijuana which contains large quantities of the cannabinoid THC that is responsible for making you feel high, CBD will not make you high. CBD is completely non-psychoactive. Therefore, you will not experience feelings of hunger, uncontrollable laughter, or the perception of time slowing down.

However, CBD will provide many medicinal benefits including reducing inflammation, pain, anxiety, stress, migraines, seizures, depression, and the ability to obtain a much deeper sleep so you can wake up well rested and ready to tackle your daily tasks. CBD is now offered in a wide variety of forms ranging from gummies, gel caps, tinctures, creams, and e-liquids.

 

Is CBD Legal Under Federal Law?

The short answer to this question is…it depends.

On December 12, 2018 Congress passed the 2018 Farm Bill that removed hemp-derived products from the Schedule 1 list under the Controlled Substances Act.

The bill was passed by a Republican majority in both the House of Representatives and the Senate with the intention of providing relief for farmers by allowing them to apply for insurance and grants.

Schedule 1 drugs are substances, chemicals, or drugs considered by the federal government to have no medical use and a high potential for abuse such as heroin, LSD, and ecstasy.

Although the DEA refuses to remove marijuana from the schedule 1 list, the Farm Bill is considered to be the most important victory in the history of U.S. cannabis. This does not however, mean that all CBD products are now legal.

Only CBD products produced in compliance with the Farm Bill would be legal by federal law. This means that in order for a CBD product to be federally legal, it must meet all of the federal and state regulations, be THC free, and have used hemp derived from a licensed grower.

Nevertheless, the FDA made a statement that it reserves the right to regulate any and all cannabis compounds as it wishes, regardless of the Farm Bill.

Only one product known as Epidiolex contains the FDA’s approval and is classified as a schedule 5 drug, indicating the lowest risk for abuse or addiction.

Is CBD Legal in all 50 States?

CBD is not legal in all 50 states. State governments have the right to establish their own laws that govern the use of CBD within their borders.

Most states have different laws and regulations individually pertaining to CBD and marijuana.

There are currently three states that prohibit the use of any type of cannabis plant.

If you reside in any of the following three states, you are not allowed under any circumstance to consume, posses, or distribute CBD.

  • Idaho
  • Nebraska
  • South Dakota

Ten states and Washington D.C. have completely legalized all forms of cannabis:

  • Alaska
  • California
  • Colorado
  • Maine
  • Massachusetts
  • Michigan
  • Nevada
  • Oregon
  • Vermont
  • Washington
  • Washington D.C.

The remaining 36 states allow the use of CBD. However, of those 36 states, 15 have strict regulations pertaining to CBD.

If you reside in any of the following 15 states, there are laws stating certain conditions must be met in order to legally obtain CBD.

  • In order to legally posses CBD in Alabama, you must be in accordance to Leni’s Law which states you must be diagnosed with a debilitating medical condition and be undergoing treatment or you are part of a state-sponsored clinical trial.
  • Georgia only allows patients diagnosed with cancer, ALS, seizures, and other serious medical conditions to legally possess CBD. You can find the list of medical conditions here.
  • Indiana passed a law in March of 2018 stating that anyone can buy, sell, or possess CBD oil products as long as it contains no more than 0.3% THC.
  • In Iowa, the Department of Public Health has legalized CBD for individuals suffering from debilitating medical conditions. If you reside in Iowa and you suffer from a serious medical condition that is not yet approved, you can submit a petition to buy CBD here.
  • In 2018, Kansas passed the Senate Bill 282 allowing any adult to legally purchase CBD as long as the product contains 0% THC.
  • In 2017, Kentucky approved the House Bill 333 that legalized the consumption and retail sale of CBD containing up to 0.3% THC .
  • In 2014, Mississippi legalized CBD for epileptic patients. However, the products must contain more than 15% CBD, cannot exceed 5% THC, have been obtained or tested from the National Center for Natural Products Research at the University of Mississippi and dispensed by the Department of Pharmacy Services at the University of Mississippi Medical Center.
  • North Carolina has legalized CBD containing less than 0.3% THC for patients who suffer from severe epilepsy and is produced in compliance with the North Carolina Industrial Hemp Commission regulations.
  • Oklahoma legalized the consumption of CBD for patients of all ages suffering from spasticity, paraplegia, nausea, vomiting, and appetite stimulation under the condition that it is recommended by a doctor. Unfortunately, no laws have been passed allowing individuals to distribute CBD.
  • In 2014, South Carolina passed Julian’s Law which legalized the possession and use of CBD for epileptic patients who obtain a recommendation from a physician.
  • In 2016, Tennessee legalized the use of CBD containing no more than 0.9% THC for epileptic patients who have been properly diagnosed and individuals who possess a legal order.
  • Texas allows the use of CBD for epileptic patients. However, the product must contain at least 10% CBD and 0.5% THC.
  • Virginia legalized CBD oil to treat any medical condition as long as the patient was diagnosed by a licensed practitioner.
  • In 2017, Wisconsin legalized the use of CBD with a physician’s approval for any medical condition.
  • Wyoming has legalized CBD use but only for patients with epilepsy who have been unsuccessfully treated with various alternatives. Their petition for the possession and use of CBD must be approved by the state’s Department of Health.

If you look at the image below, you can obtain a much better visualization of the state laws regarding CBD:

Take Away

Despite the fact that the DEA isn’t (for the most part) using its authority to regulate CBD, you should nevertheless stay informed on the laws and regulations that apply to your state and local government.

New bills are constantly being introduced that may change the legal status of CBD.

It is possible that by the time you’ve read this article, some of the statements written on here have changed.

Always play it safe and follow the law.

Staggering Growth Predicted for CBD Industry as Impact of Farm Bill Seen

Staggering Growth Predicted for CBD Industry as Impact of Farm Bill Seen

Following the passing of the 2018 Farm Bill, CBD sales have continued their massive growth in the United States and beyond.

  • Cannabidiol (CBD), a chemical found in cannabis, has seen a huge growth in sales over the past few years.
  • CBD can be derived from hemp, and the passing of a new farm bill in the States makes this form of cultivation legal at a federal level.
  • This forms part of wider growth in the cannabis market, as companies expand their operations in North Americaand even beyond.

Wildflower Brands Inc. is among the companies benefiting from this market, with an increase of more than 300 percent in online sales for its CBD products last year. Tilray Inc. is expanding with its acquisition of hemp foods company Manitoba Harvest. Canopy Growth Corporation announced revenue for its fiscal third quarter rose more than 280 percent compared to a year ago. In December, Cronos Group Inc. announced that tobacco company Altria would be taking a $1.8 billion stake in the company. Aphria has just completed expansion projects that allows it to substantially increase its output.

CBD Drives Growth for Hemp

Hemp, a plant that has long been out of the public eye, is returning to the spotlight in a big way. A non-intoxicating form of cannabis, hemp was primarily used for centuries as a natural source of fibers, which were used in cloth, rope and even building materials. Many ships in the great age of sailing relied on hemp for their riggings.

But in the sweeping anti-drug crusades of the 20th century, hemp became caught up in attacks on cannabis. Campaigners who were determined to save consumers from their own pleasures had cannabis outlawed at a time when there was little effective way of distinguishing between hemp and other forms of cannabis. No longer needed for cloth and rigging, hemp was made illegal. Now all that has changed – nowhere more dramatically than in the United States of America.

 

The Farm Bill

Hemp is making a comeback thanks to the growing popularity of cannabidiol (CBD), an active ingredient found in many forms of cannabis. It’s an ingredient that companies such as Wildflower Brands Inc. a creator of plant-based health and wellness products, have been making extensive use of in recent years. Combined with other naturally occurring plant compounds, full-spectrum CBD is used in a range of Wildflower products, including capsules, topicals, soaps, tinctures and vaporizers.

Until recently, the production of CBD in the United States faced serious restrictions and uncertainties. Many states had legalized the production of cannabis in some form, either for medical or for recreational use. In addition, there were licensed trials of the cultivation of hemp, which can be rich in CBD. But all of these plants were illegal at a federal level, meaning that even with state-level approval, cultivators faced financial limitations and the threat of government action.

All that changed in December with the passage of the 2018 Farm Bill. One of a regular series of bills governing the U.S. agricultural sector, this bill removes hemp from the list of controlled substances, making it unambiguously legal for farmers to grow hemp. This changes the landscape for CBD products in the States. Companies such as Wildflower, which has already got its products into many outlets in the health and wellness sector, will be able to expand their reach even further.

States have the right to set their own rules around restricted substances, and some states have taken an unsympathetic attitude to CBD. The Farm Bill doesn’t force states to change this attitude, but there are already signs that public opinion on all levels are changing. The regulations in many states assume adherence to the federal guidelines, and some states, such as Alabama, have already softened their stance since the Farm Bill became law.

Under the Farm Bill, hemp production will be tightly regulated. Most states already have existing regulations in place, and the U.S. Department of Agriculture will be developing its own regulations as well. But for an established company such as Wildflower, which already works in CaliforniaWashington and New York, this shouldn’t be a problem.

Cannabis companies are accustomed to working in a tightly controlled environment and meeting the legal standards set by state legislators, as well as the product standards required by retail outlets. In that context, working within new federal regulations shouldn’t present a significant challenge, while the existence of consistent national standards will create opportunities for growth.

CBD Demand Grows

The Farm Bill has been driven in large part by the growing demand for CBD. An obscure and seldom discussed chemical a decade ago, CBD has emerged as an important consumer product. The gradual legalization of cannabis and research into its medical effects drew attention to the fact that those benefits were not all related to THC, the psychoactive chemical that gets cannabis users high. Identified as a chemical with great potential for health and wellness, CBD has started to be marketed in its own right and is used in products such as the Wildflower Wellness line.

Public interest in CBD has grown seemingly from nowhere. Tapping into interest in both cannabis and natural remedies, and offering treatments that may succeed where others have failed, CBD sales have soared. Hemp-derived CBD alone was a $390 million market in 2018 and is expected to reach $1.3 billion by 2022. And that doesn’t even include all the CBD products derived from other forms of cannabis.

The results for producers have been staggering.  Wildflower saw its online sales grow by more than 300 percent in just nine months in 2018. In response, the company opened its first New York retail store, a sure sign of a product’s popularity in an age when so many companies are shedding their brick-and-mortar presence.

Looked at globally, CBD is in even better health. The Brightfield Group has estimated that CBD’s value will reach $5.7 billion this year and $22 billion by 2022. While research on the topic is still in its infancy, there is growing evidence that CBD could be used to treat a number of ailments, including certain extreme forms of childhood epilepsy. Even the United Kingdom, a country whose government remains staunchly opposed to the legalization of cannabis, has allowed the use of a CBD drug for this purpose.

Companies producing and selling CBD products are springing up across North AmericaEurope and beyond. Demand is growing, especially among millennials. That’s bolstering the impressive sales of companies such as Wildflower and putting pressure on politicians to further liberalize the laws around hemp.

Making the Most of a New Market

A lot of companies are now making the most of the growing popularity of cannabis, CBD and hemp. With its acquisition of Manitoba Forest, is tapping into an extensive U.S. distribution network and an upcoming line of CBD products.

Manitoba Harvest sells hemp-based granola, protein powder, milk and other food products at more than 13,000 points of sale across the United States.

Canopy Growth Corporation impressive increase in sales was boosted by the company’s first sales of legal recreational marijuana in Canada, which accounted for more than 70 percent of gross revenue. Chairman and co-CEO Bruce Linton attributed the lift to the company’s decision to make early, “meaningful” investments that helped it corner a big part of the Canadian market when the law took effect. Canopy Growth is a world-leading diversified cannabis and hemp company, offering distinct brands and curated cannabis varieties in dried, oil and softgel capsule forms.

The Amazing Characteristics of Hemp

The Amazing Characteristics of Hemp

We were charmed by this quote, which was written by Yitzac Goldstein of Earth Protex, many years ago:

“Before Huang-Ti’s time 
clothing was made from skins of birds and animals. But as time went on people increased and animals were few causing great hardship. So Huang-Ti ordained that clothing should be made from hemp fiber. This is how the spiritual leader changed matters for the people’s benefit.” – 6th century A.D. historian Khung Ying-Ta on
The Yellow Emperor, Huang-Ti, 27th century B.C.

I love hemp, maybe just because of the lore associated with the plant – and I don’t mean the lore surrounding the hallucinogenic properties of the plants that are bred for high THC content!  So let’s get that part out of the way fast:
Hemp is another word for the plant Cannabis sativa. Yes, marijuana comes from this same plant genus – and so does hops, used to produce beer for millennia. But what we call “industrial hemp” is a different variety (or subspecies), called Cannabis sativa sativa.  Marijuana is from Cannabis sativa indica, which is bred to contain between 5 – 10% of the intoxicating substance delta-9 tetrahydrocannabinol, or THC.  Industrial hemp, Cannabis sativa sativa, contains less than one tenth that amount.

Industrial grade hemp is not marijuana – it doesn’t look the same and if you tried to smoke it you’d probably die of carbon monoxide poisoning before you felt anything but sick. For more about the differences between the two varieties click here or go to the Industrial Hemp website.

Hemp is unique among other crops in that every part of the plant has utility and potential market value.  Here are some interesting facts about hemp that contribute to the lore I’m referring to:

  • In 1941 Henry Ford built a car with a plastic made from hemp and wheat straw.
  • Both George Washington and Thomas Jefferson grew hemp on their plantations; in fact the colonial government mandated that people grow hemp.  Settlers used hemp fiber as money and to pay taxes.
  • The original Levi Strauss jeans were made from hemp.
  • The July 4, 1776 Declaration of Independence  was written on hemp paper.

The plant has been used for millennia for food, fibers and fuel.   Today it is said that over 30,000 different products can be made from hemp.  Hemp’s oilseed makes high-grade food and beauty products.  The stalks produce fiber and cellulose.  And today, because of its length and strength, hemp fiber is woven into natural advanced composites, which can then be fashioned into anything from fast food containers to skateboard decks to the body of a stealth fighter.  There are over two million cars on the road today with hemp composite components.

The plant has been used for millennia for food, fibers and fuel.  Today it is said that over 30,000 different products can be made from hemp.  Hemp’s oilseed makes high-grade food and beauty products.  The stalks produce fiber and cellulose.  And today, because of its length and strength, hemp fiber is woven into natural advanced composites, which can then be fashioned into anything from fast food containers to skateboard decks to the body of a stealth fighter.  There are over two million cars on the road today with hemp composite components.

But hemp for luxurious fabrics? I remember those macramé plant hangers that were all the rage in the 1970’s. Hemp has a public relations campaign to wage, because when I thought of hemp a few years ago (before my enlightenment) all I could imagine was burlap bag and sisal rugs. Turns out the technical revolution has even found hemp: new developments from the 1980’s in retting and processing the stalks has meant that the hemp fibers produced today are soft and lustrous enough for even the finest fabrics.

Many end users look for comfort and durability in choosing a fabric, so hemp’s softness and high abrasion resistance make it a competitive choice. Hemp fiber’s positive qualities have been recognized over thousands of years of real life applications. The texture of pure hemp textiles resembles that of flax linen, appealing to the eye with its subtle variations in thickness, but it is also versatile and can be blended with other fibers to create many different looks. Hemp’s versatility as a textile is stunning: hemp fibers can be woven alone or with other fibers to produce weaves from rugged canvas to the lightest, silkiest gauze, in an unlimited array of colors and finishes. Hemp has a beautiful natural luster and a lush hand and drape not found with any other natural or synthetic fiber, even linen.

Hemp’s characteristics as a textile make it a desirable choice in many applications:

  • Hemp is stronger and more durable than any other natural fabric, including linen, which almost matches hemps abrasion resistance and tensile strength. The result is that hemp has a longer lifespan than other natural fabrics.(Patagonia is just one of the many companies which has published studies which demonstrate hemp’s superior strength; results for these studies range from 3 to 8 times stronger.) Products made from hemp will outlast their competitors by many years.
  • Not only is hemp strong, but it also holds its shape, stretching less than any other natural fiber. This prevents hemp fabric used in upholstery, demountable panels, acoustic paneling or as wallcovering from stretching out or becoming distorted with use.
  • Hemp fabric withstands, even benefits from, commercial laundering. Its inherent luster and light reflective qualities are enhanced by washing; it becomes finer and more luxurious with use. Hemp also possesses excellent soil-release properties because it sheds a microscopic layer each time it is laundered. This eliminates soiling and exposes a fresh surface. In effect, this means that hemp retains its sleek sheen every time it is washed, that it never dulls, and that it releases stains more easily than other fabrics.
  • Hemp may be known for its durability, but its comfort and style are second to none. The more hemp is used, the softer it gets: it wears in, not out, thriving on regular use and machine washing without suffering fabric degradation. Hemp actually becomes softer, more resilient and more lustrous as a result of washing.
  • Hemp’s superior absorbency, due to its porous nature, means that it is very breathable and quick drying. Hemp can absorb up to 20% its own weight while still feeling dry to the touch (vs. polyester, which can absorb a maximum of 6%). This is important in the case of any fabric that is in contact with human skin, such as sheets, as perspiration is rapidly absorbed. It feels cooler in summer yet during cool weather, air which is trapped in the fibers is warmed by the body, making it naturally warm.
  • Hemp’s absorbency allows it to accept dyes readily and retain color better than other natural fibers, including cotton.
  • Hemp has a high resistance to ultraviolet light; it will not fade or disintegrate from sunlight as quickly as other natural fibers. (Tilly Endurables introduced a new hat in 2004 after testing its hemp fabric to a UPF of 50+, the maximum ultraviolet protection rating given.[2]) UV damage is especially a problem for draperies and marine interiors, so hemp would be a good natural fiber choice for these applications.
  • Hemp fiber is highly resistant to rotting, and its resistance to mildew, mold and salt water led to its premier use in marine fittings: the majority of all twine, rope, ship’s sails, rigging and nets up to the late 19th century were made from hemp. The word canvas itself is derived from cannabis.
  • Finally, any product made of hemp is fully biodegradable and easily recyclable.

Hemp as a crop is also a standout. The bio-regional model of agriculture focuses on obtaining high value for the resources of the local land, recycling the waste and end products ad infinitum and thereby creating a “closed circle” of farming and industry. Hemp is an elegant solution to the crises created by modern agribusiness and conventional cotton production because:

  • Hemp grows well without the use of chemicals: usually no pesticides or fungicides are used because it has few serious fungus or pest problems – although the degree of immunity to attacking organisms has been greatly exaggerated. Several insects and fungi specialize exclusively in hemp! But despite this, the use of pesticides and fungicides are usually unnecessary to get a good yield. No herbicides are generally used because dense plantings shade out weeds; no defoliants are needed (as they are with machine harvested cotton) because the dried foliage is not a problem for harvesting.
  • Hemp requires less water to thrive than cotton – is actually drought tolerant – and usually grows well without irrigation. Globally, 77% of cotton crops are irrigated.

The most widespread claim for the environmental friendliness of hemp is that it has the potential to save trees that otherwise would be harvested for the production of pulp. If hemp reduces the need to harvest trees for building materials or other products, its use as a wood substitute will tend to contribute to preserving biodiversity. Hemp may also enhance forestry management by responding to short-term fiber demand while trees reach their ideal maturation. In developing countries where fuel wood is becoming increasingly scarce and food security is a concern, the introduction of a dual-purpose crop such as hemp to meet food, shelter, and fuel needs may contribute significantly to preserving biodiversity.

This story originally appeared at O Eco Textiles

CBD Oil-infused Foot Cream Hits The Oscar’s Red Carpet

CBD Oil-infused Foot Cream Hits The Oscar’s Red Carpet

It’s Hollywood’s hottest accessory stepping foot on the red carpet this year, and it is something you can’t even see. Stars like Kristin Bell, Mandy Moore and Tracee Ellis Ross also swear by it. 

Lord Jones CBD cream getting high props from stars for curing aching feet cramped in high heels for hours. Co-Founder Cindy Capobianco explains how it works.

“They apply it to their feet about a half an hour before leaving the house. Once they put on their shoes and walk the red carpet, they are pain free for the rest of the night.” CBD oil is now being used in a number of lotions, lip balms and other skin care products.

Several salons in Central Florida now sell it.  Another benefit, no side effects, and the products are legal in all 50 states. Sephora is the only major beauty retailer selling the Lord Jones CBD product online. The Lord Jones cream costs around $60 – expensive for a foot cream – but Cindy says the ingredients make it worth every penny.

“Our products, specifically our high CBD lotion and body cream, contain CBD, or cannabidiol, which is one of 100 active compounds in the hemp plant.

And, cannabidiol is associated with many health and wellness benefits, such as anti-inflammatory and analegesic effects. Now, you can add beauty must-haves to the long list of popular CBD-infused products, which include ice cream, pet foods and a foot cream fit for red carpet royalty.

This story first appeared at Fox35Orlando.com

The Trillion-Dollar Crop We’re Completely Ignoring

The Trillion-Dollar Crop We’re Completely Ignoring

When talking about Climate Change and what we can do to reverse it, Hemp will lead the way with new sustainable non-toxic products and textiles. 
We at HempingtonPost are very excited to share the announcement of this first America Plastic Company, based right in Boulder Colorado. We’re doing flips here because we know, Hemp Plastic is a huge game changer!

A bit of Plastic History!

A long time ago, humans invented a malleable, pliable, utterly unique substance called plastic. Once commercially derived from fossil fuels, the plastic revolution was born. In the early 20th century, plastics increasingly become the go-to for all product development. By the 1920’s, nearly every house in the developed world was relying on plastic products for everyday use. Plastic has come a long way since those early petrochemical plastic days. Today, the world is starting to wake up to the possibilities of bioplastics, specifically hemp plastic.

Never heard of hemp plastic? You are not alone. It’s a relatively new phenomenon and joins other renewable sources of plastic such as corn, flaxseed, and wood cellulose. Interestingly, the concept of hemp plastic has been around for more than half a century. Only recently has it caught on. Didn’t you know that Henry Ford built a hemp plastic car in the 1940s?

Bioplastic Statistics

Despite how often you might come across a corn plastic cup or a hemp piece of disposable cutlery, the reality is bioplastics still only make up a fraction of the market. According to the most recent statistics, only one percent of global plastic production is organic. That means only one percent of 320 million tons produced annually.

Even that statistic is a bit misleading, because of the 2.05 million tones produced annually, less than 50 percent of those are biodegradable. Some are only bio-based. Biobased plastics have less environmental impact during production but are not recyclable, nor biodegradable. Asia is by far the largest producer of all bioplastics, with 56 percent of the global output. The United States is second to last regarding production; it has a long way to the top.

Not surprisingly, the most significant driver of bioplastics is the demand for environmentally friendly packaging options. The number of plastic bags floating around the ocean has got even non-environmentalists nervous. The second largest application in 2017 for bioplastics is for textiles, followed closely by uses in the automotive industry and consumer goods.

Bioplastics, like hemp plastic, are good for the environment in many different ways. They obviously take far less time to break down in the environment. They also produce 30 to 80 percent fewer emissions than their fossil fuel cousins. Depending on type of production, hemp plastics are recyclable, biodegradable, and free of toxins.

HEMP Bio-DeGradable Plastics End World Pollution 4EVER !!!