FIVE POINTS ABOUT CBD
- CBD and Marijuana come from the same plant.
- CBD and Marijuana do not contain the same chemical compound.
- Marijuana has THC and is only legal in some states.
- CBD has less than .3% percent THC
- CBD products with less than .3% THC are legal in all states.
The 2018 Farm Bill greatly expanded the legalization of the Hemp industry. It allows hemp cultivation broadly and explicitly allows the sale and distribution of hemp-derived products across state lines for commercial or personal uses. It also lifts any restrictions on the sale, transport, or possession of hemp-based products, as long as these products meet the legal requirements. The Bill places certain restrictions on Hemp production including the following:
First, as referenced, CBD cannot contain more than 0.3 percent THC, per section 10113 of the Farm Bill. Any cannabis plant that contains more than 0.3 percent THC would be considered non-hemp cannabis—or marijuana—under federal law and would thus face no legal protection under this new legislation.
Second, there will be significant, shared state-federal regulatory power over hemp cultivation and production. Under section 10113 of the Farm Bill, state departments of agriculture must consult with the state’s governor and chief law enforcement officer to devise a plan that must be submitted to the Secretary of USDA. A state’s plan to license and regulate hemp can only commence once the Secretary of USDA approves that state’s plan. In states opting not to devise a hemp regulatory program, USDA will construct a regulatory program under which hemp cultivators in those states must apply for licenses and comply with a federally-run program. This system of shared regulatory programming is similar to options states had in other policy areas such as health insurance marketplaces under ACA, or workplace safety plans under OSHA—both of which had federally-run systems for states opting not to set up their own systems.
Third, the law lists actions that are determined to be violations of federal hemp law (including such activities as cultivating without a license or producing cannabis with more than 0.3 percent THC). The law details fines and jail sentences for such violations, but also outlines pathways for violators to become compliant. The law also lists which activities qualify as felonies under the law, such as repeated offenses.
Although the Farm Bill legalizes hemp, it doesn’t create a system in which people can grow it as freely as they can grow tomatoes or basil. However, many states haves systems in place. Hemp will be a regulated crop in the United States for both personal and industrial production but if you are interested in growing it, consult your state department of agriculture. In most states where Marianna is legal, getting a hemp (non-THC) growing license is not that difficult.
So now that we’ve established these come from the same plant, what is CBD?
CBD is one of the many chemical compounds in a class called “cannabinoids” that naturally occur in cannabis plants. While THC has been the long known form of cannabinoids due to its ability to get us high, CBD is a rapidly rising star for its capacity to deliver mental and physical benefits without the munchies, paranoia, or legal consequences.
Although the FDA has not approved CBD for a specific use with the exception of an epilepsy drug recently approved, users of CBD reported benefits including relief from anxiety, joint pain, post-traumatic stress disorder, menstrual cramps, insomnia, nausea, seizures, bowel inflammation, and plain old moodiness. Today, adults in more than half of US states (and 16 countries worldwide) have legal access to marijuana for medical purposes, and it’s been legalized for recreational use in nine states, plus Washington, DC. As marijuana continues making its’ way into the mainstream, CBD has emerged as an easy entryway for those who want to take advantage of the wellness benefits of plant, without the effects of THC.
CBD has come out in many forms in recent months. It’s come out in lotions, oils, bath bombs, edibles, gels and almost any form you can think of for use. The methods of consuming CBD are unlimited. CBD also comes in soft gel capsules, droppers, and sublingual sprays. In more than 20 countries outside the US, one such spray is prescribed to multiple sclerosis patients who suffer from muscle spasms and stiffness.
How CBD works
“Yu-Fung Lin, an associate professor of physiology and membrane biology at the University of California-Davis School of Medicine, teaches a course on the physiology of cannabis. She says although CBD is not considered to be psychotropic—meaning it won’t alter our perception of reality or produce a feeling of euphoria—it’s still working on our brains. CBD doesn’t activate our brains’ cannabinoid receptors in the same manner as THC, but it does target a wide variety of proteins in the brain and nervous system that regulate cell activities all over the human body. By interacting with the brain’s signaling systems in various ways, it can provide relief from pain, anxiety, and nausea. Beyond our brains, says Lin, CBD may benefit our bones and immune systems and work broadly throughout the body as an anti-inflammatory and antioxidant, which may help protect cells from damages associated with neurodegenerative diseases.”
With these sorts of benefits, there’s an increasing market for CBD—and readily willing suppliers promising miraculous results. “CBD can be used to relieve multiple symptoms,” says Lin. “But you need to know what you are getting.”
CBD vs. Marijuana
CBD products made from industrial hemp, which contains almost no THC (less than 0.3% in the US), are legal in all 50 US states. While many users report benefits of hemp-derived CBD—not the least of which is legality—some experts say a little THC helps CBD work in the body; that cannabis’ chemical compounds work better in tandem than in isolation.
This is often called the “entourage effect,” or as Lester Grinspoon, a psychiatrist and professor emeritus at Harvard Medical School calls it, the “ensemble effect.” “It’s a mixture of CBD, cannabidiol, THC, and the phytochemicals, the terpenoids,” Grinspoon tells High Times. “You need all three of them to get the best therapeutic effect.” For this reason, Grinspoon, Lin, and many others say that the best source for therapeutic CBD is a plant with all of its cannabinoids intact. https://www.safeaccessnow.org/cannabinopathic_medicine_lester_grinspoon_m_d_s_new_coinage
Hemp research remains important
One of the goals of the 2014 Farm Bill was to generate, promote and protect research into hemp. The 2018 Farm Bill continues this effort. Section 7605 re-extends the protections for hemp research and the conditions under which such research can and should be conducted. Further, section 7501 of the Farm Bill extends hemp research by including hemp under the Critical Agricultural Materials Act. This provision recognizes the importance, diversity, and opportunity of the plant and the products that can be derived from it, but also recognizes an important point: there is a still a lot to learn about hemp and its products from commercial and market perspectives. Yes, farmers—legal and illegal—already know a lot about this plant, but more can and should be done to make sure that hemp as an agricultural commodity remains stable.
If you have a question about CBD, please don’t hesitate to call our office. We work with clients that manufacture high quality CBD products. We can discuss the legalities of the product and advise where to purchase.
If you or a loved is involved in an accident with someone who is under the influence of Marijuana, call our office immediately. We can make sure that you receive the care you need and deserve, and advise on how to preserve evidence. If you have been in any type of accident and have questions, please don’t hesitate to contact our offices today. At my office, we are experienced in helping injured victims get the compensation they are entitled to. Insurance companies never have the best interest of the injured person at the top of their priorities. They want to pay as little on every claim as possible. Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I reviewed thousands of auto accident claims and policy provisions.
At the Law Offices of Laura Payne Hunt we are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our offices. The Law Offices of Laura Payne Hunt is a boutique, family owned law firm in Henderson that specializes in helping injured people and the community with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, and all types of injury claims. Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-(HUNT) 4868 and text 24/7 at 702-600-0032.