Moving forward, we expect the laws to continue to change across federal and state legislature as more people demand access to this safe and effective supplement.
CBD is now available in all 50 states of America — to varying degrees. Most citizens can access the supplement in-store legally but may be hard-pressed to find it in some of the stricter states requiring medical cards.
Prior to this, marijuana was sold freely in pharmacies across the world.
What Does the Future Look Like For CBD Products In the United States?
Don’t be mislead, marijuana is not a deadly drug — but the laws haven’t changed on a federal level in 80 years.
In the past, we had a list for illegal states, which included North Dakota, Nebraska, Idaho, and Iowa — but these states have since changed their laws to allow CBD either medicinally or over the counter as a health supplement.
The 1936 Geneva Trafficking Convention was a treaty aimed at a worldwide ban involving the cultivation, manufacture, and distribution of cannabis products. This treaty also included coca and opium. Although some countries chose to disregard this project, it’s what lead to the regulation of marijuana in much of Europe, as well as Canada, and Australia.
While the laws on CBD’s legalities are loosening federally, in a select few states you can still be arrested and thrown in jail for having a bottle of CBD oil on you.
Then, there’s HIA v. DEA – a lawsuit by a hemp trade association that challenges the agency’s classification of CBD as a Schedule I substance. Federal judges at the Ninth Circuit Court of Appeals heard oral arguments in the case earlier this year. Clearly, attorneys representing hemp businesses have a different interpretation of federal law than the DEA.
“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.
CBD, short for cannabidiol, is a compound found in cannabis that has gained prominence in recent years for its therapeutic properties. Cannabis advocates have hailed the cannabinoid for its promise in combating seizures, anxiety and myriad other ailments. CBD is “the new ‘it’ drug,” according to The Washington Post. It’s a “rapidly rising star for its capacity to deliver mental and physical benefits,” according to Quartz.
The 2014 Farm Bill is often cited as evidence that CBD derived from industrial hemp is now legal. But the legislation legalized only a very narrow set of hemp cultivation activities: It is legal to grow hemp under a state pilot program or for academic research. It is also legal to cultivate under state law “in which such institution of higher education or state department of agriculture is located and such research occurs.”
Republican Senator Mitch McConnell announced last month that he would introduce a bill to legalize hemp on the federal level.
“This is the best day of my life,” he told WTHR, which has been reporting on Ndiaye’s case and the confusion surrounding CBD laws in Indiana.
But contrary to what these articles suggest, CBD products are not “legal in all 50 US states.” If that were the case, why would Ndiaye be charged with a crime? Why would the Indiana police raid retailers selling the stuff? And why would the Indiana legislature take it upon itself to legalize CBD?