The Criminal Defense Law Center of
West Michigan

Cannabidiol

If you follow the news, you will agree that Cannabidiol (“CBD”) has been all on tv and the radio a lot. CBD is found in the cannabis plant. CBD does not have a psychoactive effect. To put it another way, Cannabidiol won’t get you high or buzzed. CBD can be found in industrial hemp. Industrial hemp contains less than .3% THC.

Under federal law, marijuana still remains illegal. It is the stance of the federal government, that CBD taken from marijuana plants is a schedule 1 drug. Because of the Farm Bill of 2018, Cannabidiol taken only from industrial hemp is in legal limbo. The main reason for this is because the FDA has made Epidiolex legal.

Cannabidiol manufacturers are making claims about how effective CBD is in helping people who suffer from various ailments and diseases.  Recent actions by the Food and Drug Administration (“FDA”) have been hammering CBD manufacturers for making such these claims.  These products have not been approved by the FDA and thus the claims are misleading advertising.

The FDA has announced they will hold a public hearing on May 31, 2019. This public hearing will allow the public to make comments and give their input about how the FDA should proceed regarding regulations of CBD.

Several major national pharmacies, such as Walgreens, have indicated that they will allow topical CBD products to be sold in their stores. These products will be items such as lotions, salves, patches and creams.

33 states and Washington DC have legalized marijuana for medical use. At this moment, 10 states, including Michigan have legalized adult, recreational use of marijuana. Because of this trend, I would expect the federal government to legalize marijuana within the next five years.

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