Published on: 10/5/16
Is CBD oil legal? The Austin Business Journal calls for clarity after the Texas Department of Public Safety officers (DPS) confiscated hemp-oil products in the Austin area. Now, hemp industry lobbyists are calling on state legislators to make the laws pertaining to hemp and marijuana products clear.
Members of the Texas Hemp Industries Association claim the products are legal by federal law and asked lawmakers to clarify the difference between CBD or hemp products and medical marijuana. Texas DPS visited People’s Pharmacy Inc. in Austin, where officers confiscated cannabidiol, or CBD, products.
Sheila Hemphill, Policy Director for the Association made it clear that CBD products are non-psychoactive. In other words, they can’t make you high, but they have become increasingly popular as over the counter pain remedies under the Federal 2014 Farm Bill which allows CBD products to be legally produced and sold.
She suggested there might have been confusion, as DPS officials could be uncertain about what is legal when it comes to hemp products, what is allowed to be sold and what not. She also added that the media is creating confusion calling the hemp products bill the “low THC, high CBD bill”, which might have led regulators to think CBD only comes from medical marijuana plants.
CBD oil comes from hemp
She explains that CBD is produced by any Cannabis sativa L plant with low THC concentrations. THC and CBD have a seesaw relationship. A plant high in THC will be low in CBD and vise versa. Hemp, or Cannabis sativa L, is used to make fabric and rope or other industrial products, contains low THC levels and high CBD levels.
She says an investigation is needed to bring clarity to the public with regard to the legality of industrial hemp products which contain less than 0.3% THC. According to the Association, these products have been legal since 2014. It is believed that the hemp oil product confiscation took place because regulators wanted to ensure that the products complied with these specifications.
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CBD is an essential oil
Cannabidiol or CBD is an essential oil such as lavender or peppermint, and is not subject to regulation as stated in the Texas Compassionate Use Act. This act states medicinal cannabis should contain THC no higher than 0.5% and not less than 10% CBD by weight of content. This is the only reference in Texas State or federal law where CBD is mentioned.
Thousands of Texans has used hemp products such as hemp hearts, cosmetics, CBD oil, hemp protein or milk, purchased on-line or in stores says Coleman Hemphill, TXHIA Executive Director.
The problem might have started with an alternative health web site claiming the FDA “outlawed” cannabidiol (CBD) oils and that all the plant molecules now belonged exclusively to Big Pharma. This article caused a sensation on the Internet and social media networks, as it was republished verbatim. It was later edited, and “Health Ranger” Mike Adams send out a huge correction. The hemp industry said the article had good intentions, but had a very negative effect on retailers.
Is CBD oil Legal?
If CBD oil is considered an essential oil, then we might as well ask if lavender oil is legal. The legal tangle and fuss around the humble hemp plant and the ongoing “Is CBD oil legal?” controversy must be settled once and for all. Hemp is legal, says the Hemp Industry Association, therefore so is CBD oil.
Disclaimer: Views expressed here do not necessarily reflect those of Endoca and its staff. This article is not intended to provide medical advice, diagnosis, treatment or cure. Endoca CBD products have not been approved by the US Food and Drug Administration (FDA).