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Where is CBD illegal?
Thanks to the passing of the 2018 Farm Bill, zero THC CBD is not illegal in any state in the USA. That’s right; according to federal law, it is legal in all 50 states. With that being said, since the change in law is relatively new, some states might not fully embrace CBD. This should change with the new bill, however, it may take time. Below we outline four different jurisdictional categories based on pre-2018 Farm Bill practices.

States can be grouped into four jurisdictional categories.

 

Friendliest States.
These jurisdictions have explicit laws allowing retailers to sell industrial hemp-derived products.

These jurisdictions include Alaska, Colorado, Illinois, Indiana, Kentucky, Maryland, Missouri, New York, North Carolina, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, and Wisconsin.

Friendly States.
In these jurisdictions industrial hemp grown in a Farm Bill-compliant agricultural pilot program is explicitly exempted from the definition of marijuana.

These jurisdictions include the District of Columbia, Hawaii, Kansas, Montana, New Mexico, North Dakota, and Oklahoma.

Gray Area States.
In these jurisdictions, explicit prohibitions against the retail sale of industrial hemp-derived CBD products but that have exemptions in the law for the argument that hemp-derived CBD products are legal.

These jurisdictions include Arkansas, Delaware, Florida, Georgia, Idaho, Iowa, Louisiana, Maine, Massachusetts, Minnesota, Mississippi, New Hampshire, New Jersey, Pennsylvania, Texas, Virginia, and Washington.

States with Concern.
These jurisdictions have no explicit prohibitions against the sale of industrial hemp-derived CBD products. However, recent law enforcement actions or pronouncements raise the risk of the retail sale of industrial hemp-derived CBD products.

These jurisdictions include Alabama, Arizona, California, Connecticut, Michigan, Nebraska, Nevada, Ohio, South Dakota, West Virginia, and Wyoming.

What are the specific rules in your state?

Concluding Thoughts: Is CBD Legal in 2019?
Yes, it is legal to purchase and consume hemp-derived-CBD in all 50 states.

Marijuana derived CBD is not legal federally.

The government classifies hemp as any plant of the cannabis family that contains less than 0.3% THC.

It classifies “marijuana” as any plant of the cannabis family that contains greater than 0.3% THC.

You need to check your specific state for any restrictions.

Federal law permissions for activities involving industrial hemp are clear. However, the Farm Bill, and other federal laws on industrial hemp, do not pre-empt state law.

Just as there are hundreds of municipalities in the United States that prohibit alcohol sales nearly a century after Prohibition’s repeal, local and state laws may still restrict the sale of industrial hemp products even where federal law is clearly permissive.

Some states continue to view CBD that comes from marijuana as being no different than marijuana itself. The government classifies any plant of the cannabis family that contains more than 0.3% THC to be marijuana.

Bottom line, it is legal to purchase and consume hemp-derived-CBD in all 50 states.

Keep checking back in this space for updates as there is currently a bill going through Congress right now that could change the way the government views both hemp and marijuana.

The 2018 Farm Bill holds the promise to clear up many of the misconceptions and confusing elements surrounding CBD.

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Based on a Study by Leafly, Evidence-Based Studies Refute Dispensary Fears
When a state legalizes cannabis, local municipal officials are put in a tough spot. They have the power to allow or prohibit cannabis stores from opening in their jurisdiction. It’s done through property zoning.
When the issue comes up for vote, the discussion is often dominated by imagined fears. Law enforcement leaders warn about crime increases. Parents worry about their kids having easier access to cannabis. Real estate agents forecast doom for any neighborhood surrounding a cannabis store. Pew Research has found a 25 point gap between support for legalization (75%), and support for a store nearby (50%).
A review of the research finds that cannabis dispensaries improve public safety, health, and nearby property values—contrary to previous fears.
All too often, the result is a complete ban on cannabis stores—which has the unintentional effect of propping up the local illicit market. Here’s the rub: Cannabis stores actually improve public safety, health, and property values. The research proves it.
In a review of 42 key studies, Leafly’s team of data analysts, researchers, and editors found that the broad body of published research suggests crime near licensed dispensaries has generally stayed flat or decreased. Teen cannabis use in legalization states has fallen since legalization. And property values near cannabis outlets generally are not affected or even rise.

Leafly’s report examined 42 published studies on the effects of cannabis medical dispensaries and adult-use stores. (Click to download.)
Click Here to Download ‘Debunking Dispensary Myths’
That literature review, Debunking Dispensary Myths, is intended to better inform civic debate at the city, state, and national levels. Leafly is sharing the report with elected officials, legislative aides, activists, industry groups, and researchers nationwide, as well as presenting the findings at upcoming events.
Fears surrounding local cannabis stores have prompted many communities to prohibit cannabis companies in their towns, cities, and counties. Millions of adult consumers now living in legal states find it impossible to purchase legally in their own towns. Leafly found that as of May 1, 2019:
In California, 75% of jurisdictions have banned cannabis stores.
In Colorado, 65% of cities and counties have similar bans.
In Massachusetts, 54% of the state’s 351 municipalities have banned cannabis stores.
In Washington, 35% of cities and 20% of counties have banned cannabis stores.
In Nevada, 75% of counties and 42% of cities prohibit cannabis stores.

Clean Stores, Good Neighbors
In Colorado and Washington, where data is now available from five years of adult-use cannabis sales, many local officials have switched from hesitance to confidence in the positive benefits of well-regulated stores. Cannabis companies “are tremendous employers and socially responsible members of the communities in which they operate,” said Ron Kammerzell, former senior director of enforcement at the Colorado Dept. of Revenue.

The Lux cannabis store in Seattle’s Lake City neighborhood is the cleanest, brightest property in a transitional business district. (Photo courtesy of Lux)
Dispensaries Add 6% to 8% to Home Values
Some of the data backing up that conclusion:
Crime rates unaffected: An overwhelming majority of studies—including one from the journal Preventive Medicine in 2018, and a Federal Reserve Bank 2017 paper—found no increase in crime related to the location of medical marijuana dispensaries or adult-use retail stores.
Teen use unaffected specifically, declines generally: Colorado and Oregon state health reports show teen cannabis use flat or down since licensed adult-use stores opened. In Washington, a 2018 JAMA Pediatrics study concluded use had fallen. Federally administered surveys show the 2016 teen use rate was the lowest in more than 20 years.
Property values increase: A 2016 study in the journal Economic Inquiry concluded allowing stores added 6% to city home prices, compared to ban towns. A 2018 study in the journal Contemporary Economic Policy found home prices went up by 7.7% within a half-mile of a new cannabis store
Debunking Dispensary Myths identifies and examines the most reliable studies on medical and adult-use cannabis stores. In the report, Leafly editors David Downs and Bruce Barcott worked with cannabis policy expert Dominic Corva, co-director of the Humboldt Institute for Interdisciplinary Marijuana Research (HIIMR) at Humboldt State University in Arcata, CA.
Over the coming years, virtually every city council and county supervisorial board will eventually have to weigh the pros and cons of cannabis retail.“We can all have different opinions, but we have to work from the same set of facts,” said Leafly CEO Tim Leslie. “These discussions should be informed by the best available research, not imagined fears and archaic mythology.”
David Downs and Bruce Barcott

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These are the differences between CBD, THC oils. CBD and THC oils, derived from hemp or marijuana, are being used medically in the U.S. Their uses and legality vary from State to State. Although, Legislation has Approved the Production and Transfer across State Lines, some State have held fast to the notion that CBD without THC is illegal. And they are enforcing it.
A drug possession charge has been dropped against the 69-year-old North Carolina woman who was found with a bottle of doctor-recommended CBD oil in her purse at Disney World, according to the Associated Press.
Hester Jordan Burkhalter was stopped and arrested by an Orange County sheriff’s deputy at one of the park’s check points, Fox News reported.
Burkhalter spent 12 hours in jail before she was released on $2,000 bond on April 15, after being charged with possession of hashish, according to WDBO.
She pleaded not guilty in court, and prosecutors said in a court filing that her case “wasn’t suitable for prosecution,” reported the Associated Press.

Burkhalter’s doctor recommended she use CBD oil to help alleviate pain caused by her arthritis, the radio station reported.
“I have really bad arthritis, in my legs, my arms and my shoulder and I used it for the pain, because it helps,” Burkhalter said in a video posted by WOFL.
Even though she had a note of recommendation from her doctor, she was still arrested because CBD oil is illegal in Florida, even though it is sold “across the state,” according to Fox News.
“I didn’t know what to think. I couldn’t understand it,” Burkhalter said in the video. “I didn’t feel like I done nothing wrong. I’ve never had but one speeding ticket in my life. I’ve never been in a jailhouse.”
The Sheriff’s Office said the deputy was following the law in making the arrest, even though her peppermint CBD oil contained zero milligrams of THC, WOFL reported.
CBD is extracted from hemp. But unlike marijuana, CBD oil does not contain THC, the active agent that gets people stoned, according to CBS News.

803-771-8435
Noah Feit is a Real Time reporter with The State and McClatchy Carolinas Regional Team. The award-winning journalist has worked for multiple newspapers since starting his career in 1999.

Original story printed here: https://www.miamiherald.com/news/nation-world/national/article230142959.html#storylink=cpy

Edited for content 5-14-2019

 

 

 

WOODWAY, TX — CBD oil is Now Officially Legal in Texas as of Wednesday April 24th, 2019.

Although the Farm Bill of 2018, was signed into law, this past December, it was for the Federal Legalization of Hemp. It was still left up to each State, to navigate its own way to implement the Law.

House Bill 1325 from state Rep. Tracy King legalized hemp and hemp-derived extracts like CBD oil. The bill also legalized the farming of industrial hemp. Marijuana would still be illegal.

Mona Mervyn began giving her daughter CBD oil in 2016.

Her daughter, Shae Gipson, has been on medication for the majority of her life.

“When she was very little, she was more like an autistic child and had a hard time handling things during the day, so we started treating her with medication probably by the age of three,” Mervyn said.

By the age of five, Shae was diagnosed with Rett Syndrome. Rett Syndrome is a rare neurological disorder that leads to severe impairments, affecting a child’s ability to speak, walk, eat and even breathe easily.

When Shae turned 22, Mervyn noticed her health and well-being were starting to decline.

“She was sleeping 20 out of 24 hours a day and I thought, that’s just not healthy,” Mervyn said.

Mervyn began looking at alternative, natural medicine to help her daughter. She swapped her long, costly list of pharmaceuticals for CBD oil. She’s noticed a major improvement since.

“See how her hands are still? When a child has Rett Syndrome, they almost always ring their hands. Now, she’s more relaxed and calm and just be herself,” Mervyn said.

Mervyn said since Shae started using CBD oil, she’s had fewer seizures.

“As we’ve had her off the medicine, her body has acclimated to just taking the CBD oil,” Mervyn said. “She’s so much better, able to get out and do things again. She loves to swim.”

The defining moment came on Mervyn’s birthday two years ago.

“And all of a sudden, she got this big smile on her face and she said ‘I love you,’” Mervyn said. “That was the first time in my life that my child had been able to tell me she loves me. That was big.”

As Texas continues to make strides, Mervyn is more hopeful than ever that other families will be able to experience this type of joy.

“I can’t even explain to you how far she’s come,” Mervyn said. “How far she’s going to go.”

Mervyn said this treatment has reinforced her belief in miracles.

“I’ll never quit hoping that she’ll be just like you and I,” Mervyn said.

Mervyn said she’s written letters to Lt. Gov. Dan Patrick and several senators. She also plans on sitting down with Rep. Doc Anderson once he’s out of session to talk more about natural medicine.

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