Now in Effect: West Virginia Law Maintains Legal CBD Sales Despite Ongoing Federal Prohibition

By Mike Maharrey

CHARLESTON, W.Va. (June 7, 2019) – Today, a West Virginia law that modifies the state’s hemp licensing program and ensures the sale of CBD can continue in the state went into effect. This will not only open up markets in West Virginia, but also takes a crucial step given the FDA’s continued regulation and prohibition of CBD.

Del. Gary Howell (R-Keyser) introduced House Bill 2694 (HB2694) on Jan. 28. The new law makes changes to the state’s hemp licensing program to conform it to the legal environment created when the federal government legalized hemp last year.

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The House passed HB2694 96-2. The Senate approved the measure 33-1. With Gov. Justice’s signature, the law went into effect June 7.

In practice, the new law won’t change much. In 2017, West Virginia removed provisions in its hemp program restricting it to research only. From that point, any person with a license was authorized to plant, grow, harvest, possess, process, sell, and buy industrial hemp. This directly contradicted federal law at the time that limited hemp production to research purposes only and prohibited commercial production. With commercial hemp production fully legalized in West Virginia back in 2017, the passage of HB2694 merely ensures farmers in West Virginia will be able to continue producing hemp as they have since that time.

But the new law won’t be without any practical effect. HB2694 includes important provisions related to CBD.

It establishes that hemp-derived cannabinoids, including CBD, are not controlled substances, and products intended for ingestion containing CBD are considered foods, not adulterated products. Under the new law, derivatives of hemp, including hemp-derived cannabidiol, can be added to cosmetics, personal care products, and products intended for animal or human consumption, and the addition is not considered adulteration of the products. HB2694 also allows the sale of hemp products and CBD produced in other states as long as those states maintain substantially the same requirements for processing as West Virginia.

These provisions ensure the state will not ban the sale CBD or CBD products. This is crucial because despite removing the plant from the list of controlled substances late last year, the federal government still prohibits the sale of CBD products under FDA rules.

2018 Farm Bill and CBD

With the passage of the farm bill, the federal government now treats industrial hemp as an agricultural commodity instead of a controlled substance. While the DEA will no longer have the authority to regulate hemp, the provisions of the farm bill have no bearing on FDA rules and regulations regarding CBD. In fact, a section in the farm bill makes this explicit.

Section 297D, paragraph (c)(1) “Regulations and Guidelines; Effect on Other Law” states “nothing in this subtitle shall affect or modify the Federal Food, Drug, and Cosmetic Act.”

Practically speaking, the passage of the farm bill does not mean CBD will now be federally-legal in all 50 states, as some hemp supporters claim. In fact, the FDA still maintains a strict prohibition on the sale of CBD in the U.S.

To date, the FDA has only approved one medication with cannabidiol as an active ingredient – Epidiolex for the treatment of seizures. But the FDA classifies CBD as “a drug for which substantial clinical investigations have been instituted.” Under federal law, that designation means the FDA maintains full control over the substance and it cannot be marketed as a “dietary supplement.” The agency maintains that the sale of CBD or any food products containing the substance is illegal.

At this time, the agency hasn’t changed its position on CBD. In a recent congressional hearing, FDA Commissioner Scott Gottlieb said he understands that Congress wants a pathway to CBD availability, but said “it is not a straightforward issue” due to the fact that the agency has approved CBD for treatment of epilepsy and it is ““subject of substantial clinical investigation.” Both of these factors prohibit CBD from being sold as a “health supplement” and from being added to food.

Gottlieb said, “the law does allow us to go through a regulatory process and go through a notice and comment rule-making to establish a framework to allow it to be put into the food supply.”

The FDA held its first public meeting relating to CBD in May. FDA principal deputy commissioner Amy Abernethy said there is a need to “further clarify the regulatory framework to reduce confusion in the market,” and “Key questions about product safety need to be addressed. Data are needed to determine safety thresholds for CBD.”

In effect, the agency can continue to enforce these same rules even with the passage of the 2018 farm bill. While farmers can now legally grow hemp for commercial purposes, including the production of fiber, biofuel, building products, paper, clothes and even food products that don’t contain CBD, the sale of cannabinol or food products containing CBD remain federally-illegal, as it has been all along, unless the FDA changes its policy or Congress passes legislation specifically legalizing CBD.

With the enactment of  HB2694, West Virginia will not interfere with the sale of CBD products produced in the state regardless of continued federal prohibition.

Without state cooperation, the FDA will likely have trouble regulating it in West Virginia.

Despite past and ongoing federal prohibition, CBD is everywhere. A New York Times article asserted that “with CBD popping up in nearly everything — bath bombs, ice cream, dog treats — it is hard to overstate the speed at which CBD has moved from the Burning Man margins to the cultural center.”

This was happening when both the DEA and FDA prohibited CBD. It will undoubtedly continue as long as market demand remains and states don’t interfere. The FDA can’t effectively enforce prohibition without the assistance of state and local officials.

According to the FDA, the agency prioritizes enforcement based on a number of factors, including “agency resources and the threat to public health. FDA also may consult with its federal and state partners in making decisions about whether to initiate a federal enforcement action.”

Even with both the FDA and DEA theoretically enforcing federal laws and regulations banning CBD, state and local action have already nullified federal prohibition in practice and effect. There’s no reason to think that won’t continue as long as states maintain the same stance on CBD as they did under the 2014 farm bill. Simply put, the federal government lacks the personnel and resources to crack down on CBD – even if the FDA wants to.


Michael Maharrey [send him email] is the Communications Director for the Tenth Amendment Center, where this article first appeared. He proudly resides in the original home of the Principles of ’98 – Kentucky. See his blog archive here and his article archive here. He is the author of the book, Our Last Hope: Rediscovering the Lost Path to Liberty. You can visit his personal website at MichaelMaharrey.com and like him on Facebook HERE

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Can You Fail a Drug Test After Taking CBD?

Cannabidiol, or CBD, is a non-psychoactive compound produced by the marijuana plant that seems to be everywhere these days. Maybe you’ve even been asked if you’d like it added to your morning cup of joe!

Interestingly, the chemical structure of CBD is very similar to THC, which is the marijuana-derived compound responsible for getting people high and the one screened for by drug tests.

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This structural similarity begs the question: Could using CBD make you fail a drug test? In this episode of Reactions, we break down the chemistry behind the possibilities:

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Ben & Jerry’s to Start Selling CBD-Infused Ice Cream as Soon as Possible

By Emma Fiala

Ben & Jerry’s, the Vermont-based occasionally political ice cream company, is ready to jump into the CBD game as soon as the non-psychoactive phytocannabinoid is legal in all 50 U.S. states. As of now, an FDA regulation prevents the cannabidiol from being added to both food and beverages.

The company announced on Thursday its “commitment to including CBD in its ice cream innovations,” in a press release.

While it may seem like the logical next step for a company manufacturing flavors such as Cherry Garcia, Half Baked and Magic Brownies, the issue is less about expanding on those groovy flavors and more about the fact that activism is “in the DNA of Ben & Jerry’s,” according to 2018 CNBC interview with CEO Matthew McCarthy.

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Ben & Jerry’s is poised to jump on the CBD bandwagon as soon as the Food and Drug Administration (FDA) allows. It is currently illegal under the Food Drug & Commerce Act to add CBD or THC to food and to market it as a dietary supplement.

However, some states are independently dealing with the legality of CBD-infused foods and beverages. Earlier this week, the Arizona Supreme Court unanimously ruled that cannabis extracts—including infused food and beverages—are legal in the state. But for a manufacturer that produces products sold nationwide, the idea has to wait on the back burner until given a green light by the feds.

This isn’t the first time Ben & Jerry’s has mentioned the possibility of adding the cannabidiol to ice cream. Back in 2015, founders Ben Cohen and Jerry Greenfield spoke with HuffPost Live and hinted at the possibility.

“Makes sense to me,” Cohen said at the time. “Combine your pleasures.”

Barring any hiccups in the process, Ben & Jerry’s may not have to wait much longer. A public hearing is set to take place today, May 31st, to discuss the full legalization of CBD, to which Ben & Jerry’s has submitted comment.

FDA Commissioner Dr. Scott Gottlieb said the move is part of a larger effort to build “lawful pathways by which appropriate products containing cannabis or cannabis-derived compounds can be marketed.”

Hopefully the FDA will consider Ben & Jerry’s CBD-infused ice cream to be an appropriate product. And when that happens, Ben & Jerry’s will likely source the CBD used from Vermont, according to the Guardian.

McCarthy said in a statement:

We’re doing this for our fans. We’ve listened and brought them everything from Non-Dairy indulgences to on-the-go portions with our Pint Slices. We aspire to love our fans more than they love us and we want to give them what they’re looking for in a fun, Ben & Jerry’s way.

A message on the Ben and Jerry’s website reads:

You probably already know that we’re fans of all things groovy. So it’s no surprise that we can’t wait to get into the latest food trend: cannabidiol, or CBD. We are committed to bringing CBD-infused ice cream to your freezer as soon as it’s legalised at the federal level.

The company is also urging its fans to contact the FDA to voice their support for modifying the current regulations.

This article was sourced from The Mind Unleashed.

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Mount Sinai Study Finds CBD Treats Opioid Addiction By Reducing Cravings and Anxiety

Mount Sinai study finds CBD is effective at treating opioid addiction by reducing cravings and anxiety without harmful side effects

Cannabidiol (CBD) reduced cue-induced craving and anxiety in individuals with a history of heroin abuse, suggesting a potential role for it in helping to break the cycle of addiction, according to research conducted at the Icahn School of Medicine at Mount Sinai and published May 21 in the American Journal of Psychiatry.

The study also revealed that CBD tended to reduce physiological measures of stress reactivity, such as increased heart rate and cortisol levels, that are induced by drug cues.

The wide availability and use of heroin and prescription opioid medications in the United States during the past decade has resulted in an unprecedented epidemic involving more than 300,000 deaths. Despite this staggering toll, limited non-opioid medication options have been developed. Two of the current options, methadone and buprenorphine, are opioid substitution therapies which work on the same opioid receptors (mu receptors) as heroin and other potent opioid agonists.

These medications, however, carry a stigma as well as their own addiction risk, are mired in tight governmental regulation, and therefore are underutilized by the millions of people diagnosed with opioid use disorder. Such a treatment gap highlights the urgent need to develop novel therapeutic strategies that do not target the mu opioid receptor.

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“To address the critical need for new treatment options for the millions of people and families who are being devastated by this epidemic, we initiated a study to assess the potential of a non-intoxicating cannabinoid on craving and anxiety in heroin-addicted individuals,” says Yasmin Hurd, PhD, the Ward-Coleman Chair of Translational Neuroscience at the Icahn School of Medicine at Mount Sinai, Director of the Addiction Institute at Mount Sinai and first author of the study. “The specific effects of CBD on cue-induced drug craving and anxiety are particularly important in the development of addiction therapeutics because environmental cues are one of the strongest triggers for relapse and continued drug use.”

Previous preclinical work conducted by Dr. Hurd and her lab team at Mount Sinai, in animals with a history of heroin self-administration, demonstrated that CBD reduced the animals’ tendency to use heroin in response to a drug-associated cue. To determine whether the preclinical work could be translated to humans, her lab then conducted a series of clinical studies that demonstrated CBD was safe and tolerable in humans.

The current study used a double-blind, randomized, placebo-controlled design to explore the acute (one hour, two hours, and 24 hours), short-term (three consecutive days), and protracted (seven days after the last of three consecutive daily administrations) effects of CBD administration on drug cue-induced craving and anxiety in drug-abstinent individuals with heroin use disorder. Secondary measures assessed participants’ positive and negative affect, cognition, and physiological status.

Through the study, 42 drug-abstinent men and women were randomly assigned to receive either 400 mg or 800 mg of an oral CBD solution or a matching placebo. Participants were then exposed to neutral and drug-related cues during the course of three sessions: immediately following administration, 24 hours after CBD or placebo administration, and seven days after the third and final daily CBD or placebo administration. Neutral cues consisted of a three-minute video showing relaxing scenarios, such as scenes of nature, while drug-related cues included a three-minute video showing intravenous or intranasal drug use and exposure to heroin-related paraphernalia like syringes, rubber ties, and packets of powder resembling heroin. Measures of opioid craving, anxiety, positive and negative affect, and vital signs (skin temperature, blood pressure, heart rate, respiratory rate, and oxygen saturation) were obtained at different times during the sessions.

The study team found that CBD, in contrast to placebo, significantly reduced both the craving and anxiety induced by drug cues compared with neutral cues in the acute term. CBD also showed significant protracted effects on these measures seven days after the final short-term exposure. In addition, CBD reduced the drug cue-induced physiological measures of heart rate and salivary cortisol levels. There were no significant effects on cognition, and there were no serious adverse events. The capacity of CBD to reduce craving and anxiety one week after the final administration mirrors the results of the original preclinical animal study, suggesting that the effects of CBD are long-lasting, even when the cannabinoid would not be expected to be present in the body.

Our findings indicate that CBD holds significant promise for treating individuals with heroin use disorder,” says Dr. Hurd. “A successful non-opioid medication would add significantly to the existing addiction medication toolbox to help reduce the growing death toll, enormous health care costs, and treatment limitations imposed by stringent government regulations amid this persistent opioid epidemic.”

Dr. Hurd’s research team is working on two follow-up studies: one delves into understanding the mechanisms of CBD’s effects on the brain; the second paves the way for the development of unique CBD medicinal formulations that are likely to become a significant part of the medical arsenal available to address the opioid epidemic.

Article published by Icahn School of Medicine at Mount Sinai.

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Great-Grandmother Arrested at Disney World for Having CBD Oil in Her Purse

By Emma Fiala

For many, a trip to Disney World is a once-in-a-lifetime experience, with some planning their trips years in advance. Sometimes, even a small change in plans—like a delayed flight or a thunderstorm—can result in a big loss when it comes to both money and fun.

For one great-grandmother, her trip to the most magical place on earth turned into a nightmare.

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The 69-year-old woman from North Carolina was visiting Disney World when she was arrested after an Orange County Deputy discovered CBD oil in her purse. The great-grandmother, Hester Jordan Burkhalter, had been using CBD oil to treat arthritis on a recommendation from her doctor. She was even prepared with a note from her doctor in case of this very situation.

But despite the note, Burkhalter, who hasn’t had so much as a speeding ticket in her entire life, spent the next 12 hours behind bars before eventually being released on a $2,000 bond.

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Burkhalter, who had been planning the trip to Disney World for two years, told Fox 35:

I have really bad arthritis in my legs, in my arms and in my shoulder. I use [CBD oil] for the pain because it helps.

CBD oil is a non-psychoactive phytocannabinoid found in cannabis plants (or Cannabis sativa). It has been shown to aid users in the treatment of anxiety, arthritis, pain, depression, and more and is being used with increasingly frequency to relieve pain associated with both cancer and cancer treatment. And while it is sold in stores across Florida, it is technically illegal in the Sunshine State. Those requiring the use of CBD oil can, however, obtain it with a prescription.

Thankfully the charges against Burkhalter were dropped, but not before her arrest brought to light what Jennifer Synnamon, the great-grandmother’s attorney, explained to Fox 35:

A little drop of oil, with the CBD, is a felony. Meanwhile, you can have up to 19.9 grams of leaf-marijuana, and it’s a first-degree misdemeanor.

Of the case, Synnamon said:

I’m very disappointed that the Orange County Sheriff’s Office handled the situation the way they did. Why Sheriff Mina would support his deputies using their resources for a CBD oil arrest of a 69-year-old woman, but then won’t do anything about the gas stations, health food stores, drug stores, etc. that are selling it to the open public is absolutely beyond my comprehension. The State of Florida finds nothing wrong with collecting the sales tax on illegal products, but they allow prosecution for possession of the same. I want to commend Aramis Ayala’s office for reviewing the case and swiftly determining that they would not prosecute.

While the cannabis plant, including both hemp and marijuana, has made great strides in recent years, Burkhalter’s experience is yet another example of many where the law hasn’t yet caught up with what the science and anecdotal evidence is clearly telling us.

This article was sourced from The Mind Unleashed.

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UK’s First Vegan And Vegetarian CBD-Infused Restaurant Opens In Brighton

By Amanda Froelich

Cannabidiol, or CBD, is taking the world by storm. This is because the component of the marijuana plant has been proven to produce strong medicinal and therapeutic effects for a wide range of conditions, including cancer, Alzheimer’s, pain, and nausea. Because of the efficacy and safety of the plant, the UK legalized medical marijuana treatments and hemp CBD products in November of 2018. One month later, The Canna Kitchen opened its doors to the public. The vegan and vegetarian restaurant is the first in the UK to infuse cuisine with CBD.

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According to High Times, the restaurant is located several blocks away from the ocean in Brighton. Sam Evolution, the founder and manager of The Canna Kitchen, chose the location, the interior’s smooth, pastel tones and the ornately designed wood detail to create a pleasant experience for customers. He and his team want to improve the way people perceive the plant, which is why they create high-quality, healthy, and creative dishes that can all be infused with cannabis, based on the patron’s desires.

“I want to create something special,” said Head Chef Charlotte Kjaer.“I like to combine natural flavors and aromas of the plant with different types of food. I want to transmit the passion I have for this wonderful plant through my creations.”

The chef is familiar with the plant’s many components, and their benefits. “Everybody is talking about CBD now but we also cook with other cannabinoids as CBG (cannabigerol) and CBN (cannabinol),” she continued.

Dining options at The Canna Kitchen range from a Buddha Bowl (tofu, seasonal roast roots, quinoa salad, homemade slaw, hummus, salad, housemate sauerkraut, and CBD-infused tahini) to the local soup of the day, served with local sourdough bread and CBD-infused olive oil. For a sweet treat, you can choose from a chocolate hemp brownie, poached pair with hemp vanilla ice cream, or a “canna Snickers” bar. And to wash it all down, there is hemp tea.

“Our mission is to change the way people think about the cannabis plant by creating beautiful vegetarian dishes which are tastefully complemented with its infusion. Cannabis is a highly nutritious, versatile, and powerful herb; it is packed full of flavor, fragrance, and natural therapeutic benefit.” Kjaer said.

The experience doesn’t end with the meal. Afterward, you can move upstairs to the dispensary and lounge section. Maybe you’ll choose to enjoy a CBD joint while sipping infused Moroccan coffee on the terrace with friends. If you came empty-handed, you can purchase everything from vaporizers to skin-care products to pet food (all with THC levels below 0.2%) from the dispensary.

The stigma associated with cannabis is lessening, which is why the public’s response to The Canna Kitchen has been “very good,” according to Evolution. “People are curious towards the plant and we want to spark a larger conversation around it, inform the public.” 

“I feel that eventual decriminalization is inevitable, it’s just a matter of time. I would like to see a great deal of education brought forward in relation to the responsible use of, not only cannabis, but all plant medicines, which are here to help us. I think The Canna Kitchen will most certainly lead the way for many more concepts like it in the UK. I have learned about Jeremy Corbyn’s son opening a hemp cafe in north London, we are extremely excited about this, and needless to say he has our full support on this project. It’s an exciting time for hemp/cannabis, which is being bought back into mainstream recognition, where it belongs,” he concluded.

What are your thoughts? Please comment below and share this news!

IMAGE CREDIT: TheCannaKitchen


Amanda Froelich — I’m an RHN, plant-based chef, freelance writer with 6+ years of experience, Reiki master therapist, world traveler and enthusiast of everything to do with animal rights, sustainability, cannabis and conscious living. I share healthy recipes at Bloom for Life and cannabis-infused treats at My Stoned Kitchen. Read More stories by Amanda Froelich

This article was sourced from Truth Theory

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Carl’s Jr To Debut CBD-Infused Burger On 4/20 That Costs $4.20

By Amanda Froelich

Each day, more people choose to supplement with CBD. This is likely because the component of the cannabis plant (which is non-psychoactive, unlike THC) has been proven to benefit a variety of ailments — from cancer to Alzheimer’s. The problem is, CBD remains illegal in many states and countries. As a result, the use of it still holds a stigma.

The public’s perception of cannabis is rapidly changing, however. This was made evident when last week, the burger chain Carl’s Jr announced that it will be celebrating 4/20 (or the “stoner’s holiday”) by debuting a CBD-infused burger.

According to The Independent, the Rocky Mountain High: CheeseBurger Delight (CBD) features two 100 percent charbroiled beef patties, pickled jalapeños, pepper jack cheese and Crisscut fries. Reportedly, it will be topped with a special hemp-based CBD oil-infused version of Carl’s Jr signature Santa Fe Sauce.

The special will only be available at one location in Denver, Colorado. Furthermore, it will only last the day of 4/20. However, cannabis enthusiasts can visit the Carl’s Jr restaurant located at 4050 Colorado Blvd in Denver, Colorado and purchase the special for just $4.20. If it turns out to be a hit, Carl’s Jr might make it a permanent menu item.

To create the CBD sauce, the chain partnered with the local Colorado company Bluebird Botanicals for its hemp-derived oil. Consuming CBD does not result in a change to mood or perception. Its most notable benefits are relaxation and pain-relief.

“From our early introduction into plant-based options to bringing the rare indulgence of truffles to our menu with the new Bacon Truffle Angus Burger, our customers have come to expect innovative and unique menu offerings, and we’re thrilled to be the first quick service restaurant to be testing CBD infused options,” said Patty Trevino, senior vice president of brand marketing at Carl’s Jr.

What are your thoughts? Please comment below and share this news!


Amanda Froelich — I’m an RHN, plant-based chef, freelance writer with 6+ years of experience, Reiki master therapist, world traveler and enthusiast of everything to do with animal rights, sustainability, cannabis and conscious living. I share healthy recipes at Bloom for Life and cannabis-infused treats at My Stoned Kitchen. Read More stories by Amanda Froelich

IMAGE CREDIT: Carl’s Jr.

This article was sourced from Truth Theory.

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Signed as Law: Maine Legalizes Sale of CBD Despite Ongoing Federal Prohibition

By Mike Maharrey

Yesterday, Maine Gov. Janet Mills signed a bill into law allowing the sale of food and food additives containing CBD within the state, This will not only open up markets in Arkansas, but it is also a crucial step given the FDA’s continued regulation of CBD.

Rep Craig Hickman (D-Winthrop), along with a bipartisan coalition of three cosponsors, introduced House Bill 630 (LD630) on Feb. 5. The new law clarifies that food, food additives and food products containing hemp-derived cannabidiol produced and sold within the state are not adulterated. In effect, this legalizes the sale of CBD in Maine. Under the law, sellers cannot claim that food, food additives or food products that contain hemp can diagnose, treat, cure or prevent any disease, condition or injury without approval pursuant to federal law.

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LD630 passed both the House and Senate by greater than 2/3 majority. With Gov. Mills’ signature, the new law went into immediate effect.

Passage of LD630 ensures the state will not continue to ban the sale CBD and CBD products. This is crucial because despite removing the plant from the list of controlled substances late last year, the federal government still prohibits the sale of CBD products under FDA rules.

As the legislative findings in LD630 explain, up until the passage of this bill, the health inspection program run by the Maine Department of Health and Human Services was sending letters to retail food establishments in the state and regulators from the Department of Agriculture, Conservation and Forestry were contacting pet stores explaining that any food or food products containing hemp-derived cannabidiol must be removed from shelves, even if those food or food products were not introduced into interstate commerce.

Simply put, the state of Maine was following the DEA’s lead and enforcing a complete ban on CBD. That has now ended.

2018 Farm Bill and CBD

With the passage of the farm bill, the federal government now treats industrial hemp as an agricultural commodity instead of a controlled substance. While the DEA will no longer have the authority to regulate hemp, the provisions of the farm bill have no bearing on FDA rules and regulations regarding CBD. In fact, a section in the farm bill makes this explicit.

Section 297D, paragraph (c)(1) “Regulations and Guidelines; Effect on Other Law” states “nothing in this subtitle shall affect or modify the Federal Food, Drug, and Cosmetic Act.”

Practically speaking, the passage of the farm bill does not mean CBD will now be federally-legal in all 50 states, as some hemp supporters claim. In fact, the FDA still maintains a strict prohibition on the sale of CBD in the U.S.

To date, the FDA has only approved one medication with cannabidiol as an active ingredient – Epidiolex for the treatment of seizures. But the FDA classifies CBD as “a drug for which substantial clinical investigations have been instituted.” Under federal law, that designation means the FDA maintains full control over the substance and it cannot be marketed as a “dietary supplement.” The agency maintains that the sale of CBD or any food products containing the substance is illegal.

To date, the agency hasn’t changed its position on CBD. In a recent congressional hearing, FDA Commissioner Scott Gottlieb said he understands that Congress wants a pathway to CBD availability, but said “it is not a straightforward issue” due to the fact that the agency has approved CBD for treatment of epilepsy and it is ““subject of substantial clinical investigation.” Both of these factors prohibit CBD from being sold as a “health supplement” and from being added to food.

Gottlieb said, “the law does allow us to go through a regulatory process and go through a notice and comment rule-making to establish a framework to allow it to be put into the food supply.” He said the first step would be a public meeting “sometime in April”

In effect, the agency can continue to enforce these same rules even with the passage of the 2018 farm bill. While farmers can now legally grow hemp for commercial purposes, including the production of fiber, biofuel, building products, paper, clothes and even food products that don’t contain CBD, the sale of cannabinol or food products containing CBD remain federally-illegal, as it has been all along, unless the FDA changes its policy or Congress passes legislation specifically legalizing CBD.

IN EFFECT

With the passage of LD630, Maine will not interfere with the sale of CBD products produced in the state regardless of continued federal prohibition. The legislative findings assert:

“Any compliance with the letters or statements from the Department of Health and Human Services or the Department of Agriculture, Conservation and Forestry, which expand the federal Food and Drug Administration’s authority to regulate only food that enters into interstate commerce, will undermine state sovereignty, diminish the livelihoods of Maine hemp farmers, food producers and retailers and deprive the people of Maine of the food that they consider necessary for their own or their animals’ health and well-being.”

Without state cooperation, the FDA will likely have trouble regulating it in Maine.

Despite past and ongoing federal prohibition, CBD is everywhere. A New York Times article asserted that “with CBD popping up in nearly everything — bath bombs, ice cream, dog treats — it is hard to overstate the speed at which CBD has moved from the Burning Man margins to the cultural center.”

This was happening when both the DEA and FDA prohibited CBD. It will undoubtedly continue as long as market demand remains and states don’t interfere. The FDA can’t effectively enforce prohibition without the assistance of state and local officials.

According to the FDA, the agency prioritizes enforcement based on a number of factors, including “agency resources and the threat to public health. FDA also may consult with its federal and state partners in making decisions about whether to initiate a federal enforcement action.”

Even with both the FDA and DEA theoretically enforcing federal laws and regulations banning CBD, state and local action have already nullified federal prohibition in practice and effect. There’s no reason to think that won’t continue as long as states maintain the same stance on CBD as they did under the 2014 farm bill. Simply put, the federal government lacks the personnel and resources to crack down on CBD – even if the FDA wants to.

Michael Maharrey [send him email] is the Communications Director for the Tenth Amendment Center, where this article first appeared. He proudly resides in the original home of the Principles of ’98 – Kentucky. See his blog archive here and his article archive here. He is the author of the book, Our Last Hope: Rediscovering the Lost Path to Liberty. You can visit his personal website at MichaelMaharrey.com and like him on Facebook HERE

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Signed by the Governor: Arkansas Decriminalizes CBD Despite Ongoing Federal Prohibition

By Mike Maharrey

Last week, Arkansas Gov. Asa Hutchinson signed a bill into law that decriminalizes hemp-derived cannabidiol. This will not only open up markets in Arkansas, but it is also a crucial step given the FDA’s continued regulation of CBD.

Rep. Justin Boyd (R-Fort Smith) introduced House Bill 1518 (HB1518) on Feb. 19. The new law removes hemp-derived cannabidiol that is not approved by the United States Food and Drug Administration for marketing as medication from the state’s list of controlled substances. This effectively removes all criminal and civil penalties for possessing hemp-derived CBD products in Arkansas.

HB1518 passed the House by a 91-1 vote and was approved by the Senate 32-2. With Gov. Hutchinson’s signature, the law goes into effect 90 days after the legislature adjourns.

Passage of HB1518 ensures the state will not regulate CBD and CBD products. This is crucial because despite removing the plant from the list of controlled substances late last year, the federal government still bans the sale of CBD products under FDA rules.

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2018 Farm Bill and CBD

With the passage of the farm bill, the federal government now treats industrial hemp as an agricultural commodity instead of a controlled substance. While the DEA will no longer have the authority to regulate hemp, the provisions of the farm bill have no bearing on FDA rules and regulations regarding CBD. In fact, a section in the farm bill makes this explicit.

Section 297D, paragraph (c)(1) “Regulations and Guidelines; Effect on Other Law” states “nothing in this subtitle shall affect or modify the Federal Food, Drug, and Cosmetic Act.”

Practically speaking, the passage of the farm bill does not mean CBD will now be federally-legal in all 50 states, as some hemp supporters claim. In fact, the FDA still maintains a strict prohibition on the sale of CBD in the U.S.

To date, the FDA has only approved one medication with cannabidiol as an active ingredient – Epidiolex for the treatment of seizures. But the FDA classifies CBD as “a drug for which substantial clinical investigations have been instituted.” Under federal law, that designation means the FDA maintains full control over the substance and it cannot be marketed as a “dietary supplement.” The agency maintains that the sale of CBD or any food products containing the substance is illegal.

To date, the agency hasn’t changed its position on CBD. In a recent congressional hearing, FDA Commissioner Scott Gottlieb said he understands that Congress wants a pathway to CBD availability, but said “it is not a straightforward issue” due to the fact that the agency has approved CBD for treatment of epilepsy and it is ““subject of substantial clinical investigation.” Both of these factors prohibit CBD from being sold as a “health supplement” and from being added to food.

Gottlieb said, “the law does allow us to go through a regulatory process and go through a notice and comment rule-making to establish a framework to allow it to be put into the food supply.” He said the first step would be a public meeting “sometime in April”

In effect, the agency can continue to enforce these same rules even with the passage of the 2018 farm bill. While farmers can now legally grow hemp for commercial purposes, including the production of fiber, biofuel, building products, paper, clothes and even food products that don’t contain CBD, the sale of cannabinol or food products containing CBD remain federally-illegal, as it has been all along, unless the FDA changes its policy or Congress passes legislation specifically legalizing CBD.

IN EFFECT

With the passage of HB1518, Arkansas will not interfere with the sale of CBD products regardless of continued federal prohibition. And without state cooperation, the FDA will likely have trouble regulating it in Arkansas.

Despite past and ongoing federal prohibition, CBD is everywhere. A New York Times article asserted that “with CBD popping up in nearly everything — bath bombs, ice cream, dog treats — it is hard to overstate the speed at which CBD has moved from the Burning Man margins to the cultural center.”

This was happening when both the DEA and FDA prohibited CBD. It will undoubtedly continue as long as market demand remains and states don’t interfere. The FDA can’t effectively enforce prohibition without the assistance of state and local officials.

According to the FDA, the agency prioritizes enforcement based on a number of factors, including “agency resources and the threat to public health. FDA also may consult with its federal and state partners in making decisions about whether to initiate a federal enforcement action.”

Even with both the FDA and DEA theoretically enforcing federal laws and regulations banning CBD, state and local action have already nullified federal prohibition in practice and effect. There’s no reason to think that won’t continue as long as states maintain the same stance on CBD as they did under the 2014 farm bill. Simply put, the federal government lacks the personnel and resources to crack down on CBD – even if the FDA wants to.

Michael Maharrey [send him email] is the Communications Director for the Tenth Amendment Center, where this article first appeared. He proudly resides in the original home of the Principles of ’98 – Kentucky. See his blog archive here and his article archive here. He is the author of the book, Our Last Hope: Rediscovering the Lost Path to Liberty. You can visit his personal website at MichaelMaharrey.com and like him on Facebook HERE

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Universities Across The U.S. Are Adding Cannabis To Their Curriculum

By Aaron Kesel

All across the U.S. colleges are now adding cannabis (both hemp and marijuana) programs to their curriculum, including schools in states where recreational marijuana remains illegal, for students to major in the cannabis industry, according to a new report by CBS 3.

“More jobs are being created in this space than in any other space in North America, with salaries sometimes more competitive than other industries,” Karson Humiston, founder of Vangst, an employment agency focused on cannabis jobs, recently told the Associated Press. “With every new state that legalizes, tons of jobs are opening up.”

Research shows there several career openings in the cannabis industry, varying from greenhouse and dispensary operators to edible product developers, marketing specialists, quality assurance lab directors, and even pharmaceutical researchers. Activist Post previously reported that a study found, “More Than Half Quit Using Prescription Drugs After Using Cannabis and CBD Products.”

There are an exceeding number of at least 850 brands of marijuana-derived CBD products on the market and 150 hemp-derived solutions according to the study. It’s worth noting for the reader that marijuana and hemp are the two variations of the cannabis plant.

Arcview Market Research, a firm that focuses on cannabis business, estimates the industry will be responsible for 467,000 jobs by 2022.

Colleges all over the U.S. are now offering a cannabis curriculum to students even in states where recreational marijuana remains illegal or pending legislation like New York, New Jersey, and Connecticut.

Other states offering degrees in the cannabis industry at numerous universities to students include North Dakota, Michigan, Colorado, Ohio, Pennsylvania, and California, to name a few.

Specifically, the universities that are following suit, according to the report:

  • Colorado State University offers a cannabis studies minor focusing on social, legal, political and health impacts.
  • Minot State University in North Dakota, offers students the ability to learn lab skills applicable to medical marijuana, botanical supplements and food science industries.
  • Ohio State University, Harvard, the University of Denver and Vanderbilt offer classes on marijuana policy and law.
  • The University of Connecticut is launching a cannabis horticulture program this spring.
  • Stockton University started an interdisciplinary cannabis minor last fall and recently forged an academic partnership with Thomas Jefferson University in Philadelphia that gives students the opportunity for internships and research work in medical marijuana and hemp.
  • UCLA’s Cannabis Research Initiative, which bills itself as one of the first academic programs in the world dedicated to the study of cannabis, has studies underway ranging from medical treatments to economic impacts.

In 2017, the University of Northern Michigan was the first college to offer a four-year undergraduate major degree in Medicinal Plant Chemistry program. One of its professors told CNBC how much money students could make out of school:

“All of our graduates are going to be qualified to be analysts in a lab setting,” Brandon Canfield, the associate professor of analytical chemistry who started the program, tells CNBC Make It. That could lead to a position that pays $70,000 right out of school, he added.

Cannabis businesses differ from medical and recreational marijuana to foods, fabrics and a myriad of other products derived from industrial hemp.

Hemp has only a trace of THC, but produces cannabidiol, or CBD, used in nutritional and therapeutic products as well as beverages and snacks that are increasingly being banned as Activist Post previously reported.

CBD oil is derived as a powerful ingredient reaped from the hemp plant. Many may find it shocking to learn that CBD is similar to a compound that our bodies produce naturally, and from birth, called endocannabinoids. Cannabinoids aren’t just found in the cannabis plant, they’re also naturally occurring in other plants in nature, they are just found at a higher potency in cannabis.

CBD has shown promise as a treatment for conditions like epilepsy and anxiety in early research. Although more research is needed into CBD oil and its effects, much of the studies have been positive.

Marijuana is now legal for medical purposes in 33 states and as a recreational drug in 10 out of the 50 states. Meanwhile, marijuana remains illegal federally; however, the 2018 Farm bill slightly legalized hemp when President Donald Trump signed what’s being deemed “the Farm Bill of 2018” into law right before Christmas of last year on December 20th, 2018.

The Farm Bill was introduced by Senate Majority Leader Mitch McConnell who announced that he would propose the legislation alongside Senator Rand Paul to legalize hemp by removing it from the list of controlled substances, where cannabis sits alongside psilocybin mushrooms, MDMA, and heroin. The bill would also offer “full protection for individual farmers as well as the interstate commerce of U.S. grown and manufactured hemp products; normalize finance, banking, insurance, and other business proceedings for the hemp industry; advance research opportunities; ensure access to public water rights for hemp farmers; and protect the increasing and perhaps unlimited variety of hemp-derived products by promulgating a ‘whole plant’ definition of Hemp.”

It’s “an $867 billion, five-year spending bill that funds agricultural, nutrition and other federal programs — also loosened some federal restrictions on cannabis. It legalized hemp by removing it from the Controlled Substances Act while preserving the FDA’s authority to regulate the products,” CNBC reported.

The FDA currently prohibits companies from adding CBD and THC to food, drinks, and supplements. The agency also forbids manufacturers and retailers from making any therapeutic claims about their products. It also restrains the sale of food, supplements and other products containing CBD across state lines at its current state of laws.

However, recently resigned FDA Commissioner Scott Gottlieb even stated that the agency is looking for “pathways” to legalize the sale of CBD oil and other cannabis-derived compounds in food, beverages, and supplements.

Gottlieb also said that the FDA plans to maintain a website specifically dedicated to cannabis and CBD called “FDA and Marijuana: Questions and Answers.”

“We recognize the potential opportunities that cannabis or cannabis-derived compounds could offer and acknowledge the significant interest in these possibilities,” Gottlieb said in a statement. “We’re committed to pursuing an efficient regulatory framework for allowing product developers that meet the requirements under our authorities to lawfully market these types of products.”

Meanwhile, the Drug Enforcement Administration (DEA) stressed that CBD is still illegal. Last year, a spokesperson for the agency explained to Indiana news WTHR that those who violate federal drug laws still run the “risk of arrest and prosecution.” Although, he reassured that the DEA is not going after individuals who have benefited from CBD oil.

“It would not be an appropriate use of federal resources to go after a mother because her child has epileptic seizures and has found something that can help and has helped. Are they breaking the law? Yes, they are. Are we going to break her door down? Absolutely not. And I don’t think she’ll be charged by any U.S. Attorney,” DEA spokesperson Rusty Payne told the Indiana news station.

With the Farm Bill of 2018 passed and signed by U.S. President Trump, the legislation effectively removes industrial hemp from Schedule I of the Controlled Substances Act. While it federally legalizes the commercial cultivation of the crop, what wasn’t touched was CBD oil-based products.

The U.S. Food and Drug Administration (FDA) approved its very first cannabis-derived drug in June of last year, Epidiolex a (cannabidiol) [CBD] oral solution for the treatment of seizures associated with two rare and severe forms of epilepsy, according to the regulator’s website.

So now a new extension of the drug war seems to be brewing against products with CBD oil in them as an adjuvant, with the states fighting back against the FDA’s own opinion on CBD oil.

As the marijuana industry grows high time alongside the hemp and CBD industries, these colleges are preparing graduates for careers in cultivating, researching and analyzing both hemp and marijuana herbs. A report from New Frontier Data predicts that by 2020 the legal cannabis market will create more than a quarter of a million jobs and people will need to be trained for those businesses. This is a step in the right direction to enable future generations a career in medical marijuana, hemp or any of the other cannabis industries.

Aaron Kesel writes for Activist Post. Support us at Patreon. Follow us on Minds, Steemit, SoMee, BitChute, Facebook and Twitter. Ready for solutions? Subscribe to our premium newsletter Counter Markets.

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