Depending on where you are in America, CBD shops are popping up left and right. There has been an increase in the number of studies being conducted to determine the efficacy and effectiveness of CBD. Within the last decade, new laws have been passed supporting the cultivation and sale of CBD. Depending on the state, there will be more or fewer restrictions on the product. This article will explore the legalities of CBD in California.
What is CBD?
CBD is short for Cannabidiol which is a chemical found in the plant, Cannabis. The Cannabis plant is similar to the marijuana plant. However, CBD has much less Delta-9-tetrahydrocannabinol, better known as THC, than marijuana. THC is a chemical that induces a high. CBD derived from hemp contains both THC and CBD chemicals, however, it has a very low concentration of THC and a higher concentration of CBD. This means that a person who takes CBD won’t get high.
CBD can be taken in various forms, and companies have taken advantage of its versatility. A person can take CBD by slathering it on their body and consuming it in gummy and other edible forms.
Why would someone want to take CBD?
According to the Association of American Medical Colleges (https://www.aamc.org/news/cbd-does-it-work-it-safe-it-legal), a medication called Epidolex, which uses CBD to treat severe seizures has been approved by the FDA. Epidiolex is currently the only medication approved by the FDA to treat a disease or disorder. Scientists and doctors have found CBD to be useful to treat anxiety, chronic pain, and depression. It is important to note that such uses are not approved by the FDA. For this reason, purchasing CBD safely is important to consider when deciding to take CBD.
Is CBD legal?
CBD derived from hemp is legal on the federal level. Federal law prohibits the selling of CBD products that exceed the Federal limit on THC. CBD products must be FDA-approved. Otherwise, the product is illegal.
States where CBD is legal
Each state determines whether CBD is legal in their state – this includes both possession and using a product with CBD. Some states only allow for medicinal uses of CBD. California legalized CBD use in the state.
Other states that have legalized CBD usage include Alaska, Arizona, Colorado, Connecticut, the District of Columbia, Illinois, Maine, Massachusetts, Michigan, Montana, Nevada, New Jersey, New York, Oregon, Vermont, Virginia, and Washington. (Source: Wise Voter (https://wisevoter.com/state-rankings/cbd-legal-states/))
In 2021, California Assembly Bill 45 made the sale of CBD extracts derived from hemp legal, so long as it’s non-intoxicating when used in food, beverages, and dietary supplements. As a result, California allows for medicinal use as well as recreational use of CBD. The Medicinal and Adult-Use Cannabis Regulation and Safety Act sets the framework for legal CBD businesses. It is a highly regulated substance under the Department of Cannabis Control. You can learn more about the statutes and regulations on the Department of Cannabis Control website.
California allows for recreational use of CBD products so long as they are purchased from a licensed CBD retailer. The individual purchasing the CBD must be 21 years of age or older. Purchasing CBD for a minor is a crime.
On the federal level, in 2018, under The Department of Agriculture’s bill called “The Farm Bill”, the production and transfer of hemp and hemp-derived products became no longer illegal. However, to be legal, the Farm Bill included a set of laws limiting the amount of THC in hemp as well as imposing a set of regulations for those who cultivate and produce hemp.
Is CBD legal for dogs in California?
Currently, the FDA has not approved CBD for dogs. As of 2019, veterinarians cannot prescribe CBD to animals in the state of California.
Understand Your Rights
The Law Office of David L. Faulkner can help you understand your options when facing charges for drug crime offenses in Bakersfield. Our drug crime lawyer will work hard to get the best possible outcome for your case, namely fighting to get your charges dropped or negotiating with prosecutors on your behalf. Our firm takes pride in being accessible and responsive. Contact us today.
