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Legality

Is CannaCare™ CBD Hemp Oil Legal?

YES, CannaCare™ CBD Hemp Oil is legal! CannaCare™ CBD Hemp Oil is derived from 100% All Natural Industrial Hemp. It is not made from Marijuana and does not require a Medical Marijuana License for Purchase. CannaCare™ CBD hemp Oil is legal in all 50 states.

What is known as “hemp” or “industrial hemp” has been used by people for thousands of years to make oils, fabric, and even food. Its many benefits and thousands of uses are why hemp finished products, although hemp is of the cannabis genus, continues to be a legal import to the United States.

Products made from hemp are found in retail stores nationwide, thanks to a federal exemption to the definition of “marijuana (See below). Since 1937, the federal statute controlling “marijuana” has excluded the mature stalks, fiber, oil, and any other preparation of the mature stalks of Cannabis Sativa L., commonly known as “hemp,” from the definition of “marijuana.” In 2004, the United States Court of Appeals for the Ninth Circuit determined that the government has no authority under current law to deny hemp’s exempt status. The federal government (i.e. the DEA) declined to appeal their ruling, which is why there continues to be a wide variety of hemp products on the market today. Walk into many retail and grocery stores and you will find hemp protein powder, hemp seeds, hemp clothing, and hemp oil.

 

The Legal Debate?

There is a lot of confusion in the public regarding the legality of CBD in the U.S. The confusion largely surrounds the sources of the CBD (from Marijuana vs. CBD from Industrial hemp) as well as the ongoing battle to legalize marijuana.

As a result, the legal status of Cannabidiol (from marijuana) in the United States at the federal level is not immediately clear. The Controlled Substances Act (CSA) does not specifically list Cannabidiol in Schedule I, nor in any of the other schedules, however in recent years the Drug Enforcement Administration (DEA) has presumes to assert authority to regulate Cannabidiol as a Schedule I controlled substance. However, the legal basis for that presumed authority is unclear.

The Journal of the Federation of American Societies for Experimental Biology (FASEB) in an articles titled “Scheduling Process at DEA, the example of cannabidiol” states,

“Cannabidiol (CBD) is one of many cannabinoids present in marijuana, and as such is in schedule I of the CSA. DEA is currently conducting a scientific review of CBD to elucidate its pharmacology and abuse liability and to identify gaps in the published literature.”

But FASEB’s assertion that CBD is in Schedule I of the CSA simply because it is found in marijuana is not accurate.

The drug Schedules list “Tetrahydrocannabinols” and “marihuana” both as Schedule I drugs under the Controlled Substances Act, however cannabidiol is unlikely to be considered as a Schedule I drug on the basis of being covered by the listing of “Marihuana” or by the listing of “Tetrahydrocannabinols” under Schedule I of the CSA.

Cannabidiol is chemically not a tetrahydrocannabinol (nor indeed a “cannabinol” of any kind) and cannabidiol has a DEA Drug Code of 7372 (distinct from Tetrahydrocannabinols’ designated Drug Code of 7370). It stands to reason that cannabidiol is not considered one of the drugs placed into Schedule I under the listing of “Tetrahydrocannabinols” in the CSA.

Furthermore, cannabidiol was not placed into Schedule I when The Controlled Substances Act was amended in July 2012 with the US Congress’ passing of the Synthetic Drug Abuse Prevention Act of 2012 (SDAPA) (which came into effect on January 4, 2013) to ban various cannabinoids, cathinones, and phenethylamines. The part adding to Schedule I various “cannabimimetic agents” which include molecules more closely resembling so-called “classically” structured cannabinoids reads as follows:

(d)(1) Unless specifically exempted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of cannabimimetic agents, or which contains their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.
(2) In paragraph (1):
(A) The term “cannabimimetic agents” means any substance that is a cannabinoid receptor type 1 (CB1 receptor) agonist as demonstrated by binding studies and functional assays within any of the following structural classes:
(i) 2-(3-hydroxycyclohexyl) phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent.

Cannabidiol, while being a more “classically structured” cannabinoid was not on the list of specifically newly banned cannabinoids (even among those with a more so-called “classic structure”). Additionally, it does not fall into the category of unlisted cannabinoids which are caught by the definition above for several reasons. Primarily, CBD is not a CB1 agonist; it is a CB1 antagonist. Also, unlike CP 47,497‘s homologues and similar synthetic “classical structured cannabinoids” which the above definition was written carefully to include, the cannabidiol molecule has a cyclohexene ring where the amended law requires a cyclohexane ring, and further cannabidiol does not have the required 3-hydroxyl moiety bonded to its cyclohexenyl functional group where the law requires a hydroxyl moiety bonded to the 3- position of a cyclohexyl functional group.

Extracts and concentrates of hemp products which are high in cannabidiol content are very likely legal under US federal law as long as they meet certain requirements. Marihuana is defined by 21 U.S.C. §802(16), which is part of the Controlled Substances Act, and it has a DEA Number / Drug Code of 7360. Exempted from regulation under the definition of marihana is

the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.

Under this exception, what are known as industrial hemp-finished products are legally imported into the United States each year. Hemp finished products, including hemp oil and extracts of hemp products which are high in cannabidiol, are legal in the United States for this reason.

The Food and Drug Administration (FDA) considers non-THC based hemp products to be “food based” and therefore legal without a medical marijuana license. CBD Rich hemp products are legal in all 50 states.

CannaCare™ CBD Hemp Oil is NOT made from Marijuana and does not require a Medical Marijuana License for Purchase. 

CannaCare™ CBD Hemp Oilis derived from 100% Legal All Natural Industrial Hemp.

 

This opinion should not be taken as legal advice for anyone else. If you are provided with this webpage, it is for your reference only and should not be taken as legal advice for you. Please consult your own attorney for legal advice before you act. CannaCare does not provide legal advice, and shall not be held liable for any action that you take in reliance of this document.

 

CannaCare™ CBD has not been evaluated by the Food and Drug Administration (FDA), nor is it intended to diagnose, treat, cure, or prevent any Disease or Ailment. For more information please review our Legal Disclaimer.