What is the current legal status of CBD in the US?

Although CBD is still federally banned in the US, despite more states legalizing its use, it continues to emerge in retail stores and distributors as the sector continues to see strong growth. Cannabidiol has developed a solid reputation as clinical trials continue to shed light on its incredible array of health benefits.

As an effective source of anti-inflammation, it can provide relief for people suffering from pain and mental disorders by stimulating the endocannabinoid system which is responsible for maintaining our body’s wellbeing. It can also enhance regions of the brain to help fight against brain diseases and degeneration, while also being able to curb substance addiction.

In fact, CBD was the core element of Epidiolex, the very first CBD-formulated medicine to be officially approved by the FDA. With initial studies showing promise in treating Dravet syndrome and Lennox-Gastaut syndrome, this resulted in the development of an official cannabis medicine that helps epileptic individuals by decreasing the frequency of seizures that they experience on a daily basis.

Another epilepsy medicine called Charlotte’s Web was developed with a high dose of CBD and minimal THC to avoid the psychoactive effects of marijuana. After all, the drug was named after a young girl named Charlotte Figi who nearly lost her life to Dravet syndrome, until CBD was administered as a last resort and drastically reduced the hundreds of seizures that completely debilitated her life.

CBD is also available through distributors like PotNetwork Holdings, Inc.(OTCMKTS:POTN), which is a well-known brand of CBD products extracted from hemp. By using a thorough process involving CO2 to obtain filtered CBD with less than 0.3 percent THC, POTN products such as edibles, vapes, tinctures, and topicals provide a safe and legal source of CBD consumption to enhance daily health and strengthening the body’s ability to maintain optimum health.

Wellness products can also be obtained through their Meds Biotech line, while pets like cats and dogs can also enjoy CBD goodies through Medipets, which offers various pet treats infused with CBD.  

Despite the many uses of CBD in assisting people suffering from health problems, its legality continues to induce head scratching and uncertainty.

There have been several legislative motions that would seem to have endorsed CBD as a legitimate source of medicinal treatment, such as the Farm Bill of 2014 that allowed for the cultivation of hemp for academic research purposes as well as for use in registered pilot programs.

Hemp-derived CBD typically contains minute amounts of THC that enable it to operate within acceptable legal boundaries, but even this isn’t a cut and clear situation. Of course, it’s difficult to ascertain whether CBD really was obtained from one of the two aforementioned sources, not to mention the fact that individuals states all have their own methods of regulating cannabis in general which further complicates matters.

Companies like Earth Mother Health Foods in Missouri comply with CBD regulations that stipulate that it must contain 0.3% or less of THC, as THC is the major substance that raises alarms. By reducing that number even lower to 0.1%, the business believes that the near non-existent levels of THC in their products are sufficient to adhere to legal standards, but it doesn’t completely protect them from legal consequences.

In states like Wisconsin, law enforcement contradicts the legality status of CBD even if it contains small amounts of THC and is hemp-derived. The Wisconsin DOJ issued a release stating that: "Only a physician or pharmacy may sell CBD if they have an FDA investigational drug permit and approval from the Wisconsin Controlled Substances Board."

Governor Scott Walker had approved a previous bill which allowed for the use of CBD as long as a patient received official approval from a physician. However, it’s still not crystal clear who exactly is able to legally possess CBD, with the release from the Wisconsin DOJ further stating that possession of CBD could result in incarceration depending on the particular circumstances.

The confusing regulation of CBD on a state-by-state basis only serves to befuddle consumers and cannabis owners alike. This results in hesitation and concern on the part of consumers who could greatly benefit from CBD products, while also stirring up some uncertainty regarding future regulation and commercialization for owners.

“It’s all in the air,” says Tim O’Brien, owner of Apple Wellness. “The DOJ’s release contradicted the federal and state laws. So, at this time we are still selling it, and there is no need for customers to be concerned about buying it. They do not need a doctor’s note. It’s fully legal for me to sell and for customers to buy. However, this truth is absolutely at risk, and if someone were to ask me if we will have access to it a month from now I’d have to say I don’t know.”