Cbd Oil Now Illegal In The United States As Of 12/15/2016

[AlohaDreaming]

I just wanted to let folks know that three days ago, CBD oil is now illegal in the United States. The DEA has changed it's classification on it. It's been working so well for me, that I'm very upset. :( But I just wanted to make people aware who read my post.

 

[Friday]

As marijuana is still illegal in the US (as in all 50 states as federal law supersedes state law), I wonder if the reclass will have any actual effect in states which are flouting federal law?

 

[lostforgottensoul]

Robert Hoban, a Colorado cannabis attorney and adjunct professor of law at the University of Denver, raised the notion that the rule itself may not be lawful. “This action is beyond the DEA’s authority,” Hoban told Leafly in an interview late this afternoon. “The DEA can only carry out the law, they cannot create it. Here they’re purporting to create an entirely new category called ‘marijuana extracts,’ and by doing so wrest control over all cannabinoids. They want to call all cannabinoids illegal. But they don’t have the authority to do that.”

New DEA Rule Says CBD Oil is Really, Truly, No-Joke Illegal | Leafly

Read on there where they talk about the States where it is legal.

Sad really. I thought, with now being legal in 15 States, now including mine (Florida) for medical use, the US was finally seeing it had medical use.

 

[joeylittle]

There's an amendment from 2014 that can be used to protect medical marijuana users, if they are utilizing CBD oil as part of their treatment.

The Rohrabacher-Farr amendment...prohibits the Justice Department from spending funds to interfere with the implementation of state medical cannabis laws....

The amendment is the chief piece of legislation preventing federal law enforcement officials from prosecuting patients for possessing CBD products in the 28 legal medical cannabis states, and the District of Columbia. In addition, 16 states have passed so-called CBD-only laws that allow patients and caregivers to possess non psychoactive CBD products. Those CBD-only laws usually allow no legal avenue to produce or obtain the products, however.

In other words, if you are approved for medical marijuana use in an mmj state, you have a legal defense for possessing CBD oil. You may have a problem obtaining it.

The amendment expires every year and has to be voted in again. It will be up for a re-vote April 27 2017.

 

[lostforgottensoul]

There's an amendment from 2014 that can be used to protect medical marijuana users, if they are utilizing CBD oil as part of their treatment.

True but I am thinking great, just as Fl passed it to be legally medically, if i decided to try CBD oil, now the government is being stupid and, yeah, obtaining it now would probably be harder then just going down and smoking some street weed.

WTF? If the DEA doesn't have the authority then how can it stand at all? Maybe I am missing something?

 

[joeylittle]

now the government is being stupid and, yeah, obtaining it now would probably be harder then just going down and smoking some street weed.

Yes and no. You'd need to have a MMJ prescription, and go to a dispensary, and see what happened.

If the DEA doesn't have the authority then how can it stand at all? Maybe I am missing something?

No, it's just a particular bit of politics. The federal vs. state conflict involving the DEA is pretty weird. Not unexpected. My own theory is that synthesized CBD is close to approval in the US as a prescribable drug all it's own, and when that happens the market for CBD will need to be very contained in order for big pharma to make money off the sales. So, step one is trying to isolate CBD as it's own substance, separate from any plant, and block the flood of unregulated product coming into the market. It's a bit as if they discovered that St. John's Wort was an exact substitute for the latest antidepressant. In order for the new drug to make money, the already existing copy of the drug would need to stop selling.

There will always be a major benefit to the lab-created CBD; it is chemically identical to itself, always. None of the degrading that happens with things that are purely organic, none of the inconsistency - it's the only way to have true quality/efficacy control. On the other hand, it's frustrating, because people are already accessing that drug through various means - and while it's not as pure as the lab one will be, it's helping a lot of people.

The US federal government was not prepared for the states to shift so quickly towards legalizing marijuana. The FDA and DEA are still playing catchup.

But the smartest thing to do, for anyone who lives in a state that has legalized medical marijuana - if you even think you may want to try it, get your card sooner rather than later. I think it's going to matter when the presidential transfer of power happens in January. And, remember there's the protection of the R-F amendment til the end of April - which has been tried successfully already, so it's not totally crazy to count on it. But recreational users, even in states where that's legal, just lost some rights...in theory. I'm not sure anything would be prosecutable.

 

[lostforgottensoul]

But the smartest thing to do, for anyone who lives in a state that has legalized medical marijuana - if you even think you may want to try it, get your card sooner rather than later. I think it's going to matter when the presidential transfer of power happens in January. And, remember there's the protection of the R-F amendment til the end of April - which has been tried successfully already, so it's not totally crazy to count on it.

I'm doubting my PDoc or my pain Dr would give me a prescription. I was going to ask but damn, it's a week before Christmas.

I bet they timed that.

My therapist totally would give it to me and I was going to have him note it in my chart a few weeks in a row and then ask (as that seems to work best for my PDoc, whom is rather prudish) but yeah, a bit late to do that.

 

[joeylittle]

No, not too late. Medical marijuana is still legal. And I would assume that dispensaries still deal in very low THC product, as well as CBD isolated. Though, I don't know.

Anyone with a card want to share if they've seen this new DEA policy affecting CBD availability on their dispensary?

 

[lostforgottensoul]

Anyone with a card want to share if they've seen this new DEA policy affecting CBD availability on their dispensary?

Hmm, not sure. Remember though that it just became legal here in Nov. They showed in the news where they have been dispenseries longer than that but I don't know.

Worth asking though huh?

 

[AlohaDreaming]

And here's the bit, the type that I take is 0.03% THC, there is so little trace amounts in it, that they are using the argument 'It's part of the planet so there for...' They tried this with Hemp 10 years ago, it was rejected. So technically, when you consider the implication they are trying to place on it, this is no psychometric. There is no high. This isn't a joint. This is a supplement. Period. It's on the same dialogue as taking B12, or Vitamin C. It's health support, it's so far out of the realm of what they are discussing it's ridiculous.

I can't get the updated story to publish, but it's on leafy.

@lostforgottensoul Eventually, that is what they are aiming for. I know certain states allow for it, but in most cases, before this 'sudden change in rules' literally over night, anyone could obtain it from a reputable manufacturer. The one I get it from is known for high CBDs and low THC. They made the strain that way for that reason, to help in holistic way, so that people don't have to take heavy chemical based medications for those of us that have had really bad experiences, or people who just prefer a different type of treatment. Sadly, it's not legal in my state anymore, unless it is over turned by the courts.

@joeylittle In most cases CBD didn't require a card, people could order it online with no issue. Since this was such a sneaky way of passing this change, I'm going to think they'll see the loop hole like they did with Hemp Oil, and Hemp seeds. As of right now, the community at large is saying not to toss it if you have it. So I guess right now we just have to wait and see what they decide since it's effecting a ton of people's businesses right now.

 

[Deleted member 38093]

It funny i see pharma cannabis in new york
and Illinois medical cannabis and selling
Prescription Drugs.

 

[AlohaDreaming]

I received a reply back from the company I get mine from:


Good Mornin,

I hope you are having a wonderful day!

I can completely understand your concerns regarding the new outlook on the classification of cannabinoids, however please feel reassured as we are still acting and protected by the 2014 US Farm Bill Sec. 7606. As of right now we will continue to sell our product to all of our customers.

In the meantime, our company will soon provide further clarification on this so please feel free to visit and check back with us soon for any updates!

Who is Coalition for Access Now?
The Coalition for Access Now is a 501c4 non-profit organization led by families committed to educating the public and lawmakers on the health benefits associated with natural therapies derived from cannabis for chronic health conditions. As families whose children suffer from debilitating health issues and who have experienced firsthand the benefits of these treatments, they seek to raise awareness and encourage policies that would lead to greater access for those in need.

Have a great day and please let me know if you have any other questions!

Warmest Wishes

The thing is, while it's legal and they are protected, the rest of us technically are not, or am I wrong?