Tuesday, 1 February 2022

Cannabis Tarot February 2022

Hello cannabis family, Beautiful Existence (B3) here celebrating February with YOU and the Cannabis Tarot

™
  Apprentices, providing the Cannabis Plant Spirit wisdom you need for this month in a new way… through the elements!

  • I pulled the first Cannabis Tarot
    ™
    card for the Water element with the Queen & Knight of Coins
  • Second, Cannabis Tarot
    ™
    gave the Page of Coins for the Air element, read by Apprentice Maia…
  • Third, the Cannabis Tarot
    ™
    Apprentice, Sammie Rae, drew for us the Fire element, and the Two of Cups
  • Lastly, Kay, the Cannabis Tarot
    ™
    Apprentice, pulled the Earth element, and the Ten of Cups and Temperance.

>>>Watch the rest of the video to find out about this reading.

If you would like to know more about…

FOLLOW our IG @CannabisTarot or visit: CannabisTarot.com

  • Watch the January 2022 Cannabis Tarot
    ™
    HERE <<<
  • Watch the December 2021 Cannabis Tarot
    ™
    HERE <<<
  • Watch the November 2021 Cannabis Tarot
    ™
    HERE <<<

*DISCLAIMER* These readings are my/our interpretations of the deck, not specifically meant for one person, situation, or outcome. I do not proclaim any answers, actions, directions, or authority over anyone at any time. All readings are the interpretation of the viewer/listener/other. Thank you.

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Rohrabacher-Farr Amendment Prevents the DOJ From Going After State-legal Medical Cannabis; So Why are They?

The Rohrbacher-Farr Amendment, first introduced in 2001, wasn’t passed by the U.S. House of Representatives until 2014. As explained by Law Insider, Rohrabacher-Farr:

“prohibits the expenditure of any funds appropriated to the Department of Justice that would prevent States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana. Which really just means that in states where medical marijuana has been legalized, the DOJ cannot spend any money to prosecute a medicinal cannabis entity that is compliant with state law.”

Law Insider explains more: “This federal policy was reinforced by the passage of a 2015 federal budget bill amendment (passed in 2014) known as the Rohrabacher-Farr Amendment that prohibits the use of federal funds to interfere in the implementation of state medical cannabis laws.”

Rohrabacher-Farr is clear- the federal government should not be involved in state-legal medical cannabis investigations/prosecutions, so why are they? Currently happening in Maine, the case of Lucas Sirois, is one that the cannabis industry and community should be following because, though in Maine, we must all be concerned. 

Insight into Lucas Sirois, Former Maine Cannabis Caregiver

Photo of Lucas Sirois

Attention to Lucas and his case came to me by way of a LinkedIn post from Brett Puffenbarger, that reads:

“Let me tell you about a travesty currently impacting the entire #cannabisindustry

That has essentially gone unnoticed… or worse, the mainstream media and government’s narrative about it has been accepted by us without question.

From my POV, it’s a travesty on two levels…

The first is the deafening silence by us as an industry about the blatant and willful federal government overreach into a state-legal #cannabis program. (Something we’ve fought and dealt with as a community for years)

The second is the borderline journalistic malpractice of the established cannabis media, which doesn’t look beyond the headlines manufactured by mainstream news to cover the case.

The case I’m referring to is the current set of charges against a Maine man named Lucas Sirois. A legal caregiver in the state who has been painted as a drug kingpin by federal prosecutors and the local news.

The case is complex and reads a bit like a movie script, but like most things in cannabis, the situation isn’t exactly what it appears.

According to prosecutors, Luke was the ringleader of a legal caregiver network that was trafficking their products over state lines and into alternative markets.

Luke is currently facing the following charges:

Conspiracy to distribute and possess with intent to distribute controlled substances, conspiracy to commit money laundering, two counts of conspiracy to commit honest services fraud, two counts of bank fraud, conspiracy to defraud the United States and impede and impair the Internal Revenue Service and tax evasion.

The only problem?

He wasn’t actually involved.

And even if he was, the Federal Government has no right to investigate him.

And particularly no right to investigate him with the level of vigor they did.

You see, the key piece to this case could impact every. Single. Legal. Operator.

I’m no legal scholar, but the simple version of this scenario playing out is that should Luke lose, every compliance issue for every cannabis company would effectively become a federal crime.

It would set a case precedent that nullifies or edits the Rohrabacher-Farr Amendment. It could also destroy the last vestiges of the Cole Memo (two of the things keeping the industry and state legal systems afloat).

Should Luke win, it would be case precedent that prevents the raids and investigations we all thought had gone by the wayside after the wave of similar situations that happened in the early days of the California market.

I’ll post a few of the ludicrous MSM articles, as well as the few that actually cover the case properly in the comments below.

What does everyone think?

Is this case worth looking into by the cannabis media?

Is anyone else amazed and enraged this man has been hung out to dry by both the federal government and our own industry/community?

If you’re a cannabis journalist/writer/editor, consider this my open call for you to look into this.”

So here I am, and I wanted to dig into Rohrabacher-Farr, learn about Lucas’s charges, and learn why the cannabis industry as a whole needs to do like the Bluntness says: “pay careful attention to a chilling effect on the cannabis industry.”

This case stems from “weed trafficking“, says Eric Postow, one of the attorney’s on Lucas’s legal team (Lucas’s legal team consists of Eric Postow, Tim Parlatore, and Mark Dion with Parlatore Law Group; Mark helped write the Maine medical marijuana laws as a former state senator.) Eric goes on to say:

“Luke operated as a licensed caregiver in the state of Maine. He was legally permitted to cultivate and distribute medicinal marijuana to patients, dispensaries, and other caregivers. He complied with state law in doing that.”

Lucas, also known as Luke, was charged with several conspiracy charges to which he has pleaded not guilty. The charges are:

  • Conspiracy to distribute a controlled substance
  • Conspiracy to commit money laundering
  • Conspiracy to commit honest services fraud
  • Two counts of bank fraud
  • Conspiracy to defraud the United States and impede and impair the Internal Revenue Services

The case involves 11 defendants who all pleaded not guilty. The investigation includes the implementation of FBI wiretap- on a state-level case, and the investigation seems to include product theft issues, a human resources issue, maybe even a state police issue. Still, I don’t believe it’s a federal crime issue. 

Luke is accused of: “spearheading the illicit sale of more than $13 million in cannabis over a period of six years.” as reported by The Bluntness. They go on to report that: “The not guilty plea comes 16 months after the feds initially disrupted Sirois’s Farmington-based operation and took property, cash, computers, vehicles – even Sirois’s right to use medical cannabis, while he has to wait and see how his fate will play out.”

A Chat with Lucas Sirois’s Legal Team Regarding Rohrabacher-Farr

With the help of fellow cannabis writer Jessica Reilly, the following information was gathered from Lukes legal team regarding Rohrabacher-Farr and the federal government’s involvement in state medical cannabis:

It appears that Luke has been painted as a Drug Kingpin by the federal prosecutors; what is the definition of a Drug Kingpin by the mouth of the law?

“There’s no legal definition of ‘kingpin,’ but really the issue here is the federal government is attempting to interpret state law. That’s why the state set up these programs- it should be up to the state to manage its medicinal cannabis program and tell people what their laws and regulations actually mean, not the other way around with the DOJ telling the state what their laws mean. Under Rohrabacher, before the DOJ can even begin prosecuting a state-sanctioned medicinal cannabis business, they have to show that the business is out of compliance with state law. In this case, we believe the evidence we have seen points in the opposite direction, with more evidence being exculpatory and demonstrating that Luke was indeed compliant. The entire notion that Luke was involved in a major conspiracy is flat-out wrong. If that’s true, then the prosecution should be enjoined from spending any further funds on the case against Luke, and it should come to an end. We are currently working on a motion to do that. 

All he was was a licensed business operator with a legal cannabis business. The difference is in who’s calling who what. Ask Maine- legal caregiver, ask the federal government he’s the drug kingpin.”

Is there any legal reason that the federal government is involved in this investigation when this is a state case- especially with Rohrbacher-Farr in place?

“That’s the big question. Where we are in public opinion- 68% of Americans are in favor of legal cannabis (PEW). Competing pieces of legislation in Capitol Hill from Democrats and Republicans show the DOJ is out of step with where we are at this point in history in the prohibition of cannabis. It’s just a matter of time before we have descheduling or comprehensive legalization.”

Though this is Maine, should cannabis businesses everywhere in the U.S be concerned with this case? If so, why? 

“Absolutely, if you are a cannabis business, Rohrbacher-Farronly protects medicinal cannabis, not recreational adult use. Honestly, it could be argued that all the DOJ needs to do is find anyone within the licensed operators’ network that has potentially done something illegal, for example, someone sells cannabis over state lines and then draw a conspiracy line to the licensed operator and they can go around Rohrbacher-Farr. Anyone looking at this from a legal perspective needs to understand that Rohrbacher-Farr doesn’t just apply later in the game when the DOJ has already kicked in the doors, and the operators are sitting in handcuffs or awaiting trial; it applies at all times. Frankly, the cannabis industry and those who support the industry need to hold the DOJ accountable to Rohrbacher-Farr.”

Where can cannabis businesses learn more about Rohrbacher-Farr, and how can they help enforce it?

“Rohrbacher-Farr comes into effect when the DOJ is expending funds to investigate or prosecute a medicinal marijuana patient, doctor, or business. Attorneys who are working on these types of cases and representing one of the protected classes need to be paying attention to if the DOJ is getting involved (spending money on investigation) if they’re doing their due diligence on Rohrbacher-Farr, and that they can show out of compliance BEFORE spending another dollar on the case, if they can’t, they need to back off. The DOJ should not be allowed to operate in the shadows when dealing with a legal medicinal cannabis entity. Transparency is the best way to ensure they do not violate the rights of those they are investigating as it relates to Rohrabacher.

If they can’t show non-compliance before spending money, they shouldn’t move forward with it. The government should be held to a higher standard.” 

Are there any other cases like Luke’s in the U.S that you are aware of? Be it past/present, and can you lead us to those? Where can we read more about those?

“The most famous case on Rohrbacher-Farr is the McIntosh case, which dealt a blow to the DOJ interpretation of the law. It held that compliant medicinal cannabis businesses were protected under Rohrabacher and, therefore, shouldn’t be prosecuted once their compliance was established.

Precedent allows for an evidentiary hearing to establish whether or not there was compliance. In motion, what should happen is an evidentiary hearing, and they show how Luke was compliant. If successful, everything stops.

It’s important that as we observe this case, we think about where we are as an industry, and we have to understand that we have power. $30B nationwide and only going up. States and even the federal government are receiving tax dollars from the sale of legal cannabis. This industry won’t just sit back and say destroy our names and our businesses. The industry has to be unified and stand with businesses who claim that they were compliant with state law but are still the targets of the DOJ. The real sad part here is how far the harm of this investigation has gone. People from other industries supported Luke’s business, from plumbers and electricians to carpenters and the like- his business and many like it act as an economic development program for a rural poor state that needed it. These folks lost money and jobs, and many are rightfully outraged.”

In Closing

It seems that the federal government wants states to figure out their cannabis programs but also wants to regulate those. It seems that Rohrbacher-Farr is clear: “Division B, section 537 provides that the Department of Justice may not use any funds to prevent implementation of medical marijuana laws by various States and territories.”

So why are they?

I’m not an attorney, and I don’t specialize in cannabis law, so for any questions regarding cannabis laws, be it state and or federal, please consult an attorney/ legal professional in the cannabis space. This article is intended to bring attention to Rohrbacher-Farr and Lucas’s case as it relates to Rohrbacher-Farr, and should not be used as a legal advice document. 

__

Feature Photo Credit: Halt.Org

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Breeders Corner Cannabis Resin Properties

This edition of the Breeders’ Corner is a more in depth look at selection skills when it comes to judging cannabis resin properties in all its glory. There are some tricky-tricks here when doing this that I will go into detail about, some things that can save you precious time.

A couple weeks ago my article here in SKUNK, An Awesome Cannabis Breeding Routine, showed you some cool breeding stuff, especially when it comes to shaving off some overall time when it comes to the whole selection process. Making hash and selecting from the separate hash-ball samples is not only an epic time saver but keeps you in some awesome hash. Alright then, let’s look at two really cool time saving routines…

Many Heirloom Old World Sativas Concentrate Their Resin Density Towards the Center Mass

Many Heirloom Old World Sativas Concentrate Their Resin Density Towards the Center Mass

Cannabis Resin Properties per Variety

Judging the raw resin production level of each female plant can be done with the aid of a lab of course, or with the aid of making hash from each plant. I mean, it’s straight forward, the bigger (heavier) the hash ball is from each individual plant, the greater the resin production. Boom!

Sometimes while you are looking for special females, it is important that you take something into consideration. Some strains/varieties will tend to create much denser trichomes towards the center mass of the flowers. Old world heirloom and wild IBL sativas and sativa dominants tend to do this fairly often.

More domesticated cannabis varieties, long IBLs inbred for hundreds of years for better hash production, mostly your standard Hashplant type indica strains. These tend to throw out trichomes in more equal density throughout the flower.

If you are unaware of this, it can sneak some uber potent females away from you in your early selections, making you think resin production is low, when in fact it is not at all low.

Identifying These Special Lovelies

If you are making hash from your seeded up buds, you simply can weigh each hash ball to see how the overall resin production compares between plants. Just simply cutting a flower so you can see the cross-section will show you what’s up as well. Some of the most memorable buds I have ever smoked, like Congo Black, and Panama Red, to name two, had exotic colorations. But from just looking at them they didn’t look particularly high in resin production—weak looking, if anything, visually. Actually, at their centers the trichomes were so thick/dense, they were almost hashish-hard. These were ludicrously potent strains.

Judging more indica dominant plants is pretty easy by simply observing how frosty they are. But the hash making method also works well here on a per plant basis, because some plants have strong resin production even on the lowest buds. This will make them more favorable than others that don’t do this. By measuring the hash weight from each plant, you can get a real good grip on this often-overlooked aspect. Here’s a link to an easy-peasy hash-making article: Making Hash from Cannabis the Easy Way– with Rev – Skunk Magazine.

Potential Cannabis Resin Properties per Production Cotyledon Tell

Cotyledons and Cannabis Resin Properties

Jewelers’ Loup 20x Magnification is My Go-To for This Task and Others
Jewelers’ Loup 20x Magnification is My Go-To for This Task and Others

In a recent Letters to Rev article I wrote, the person in the email alluded to a selection trick I had taught them years before. This is the ‘cotyledon leaf method’ they were referring to. I find this one handy for females for sure, but especially useful for males. Since trichomes, genetically speaking, are just slightly modified leaf hairs, it seems obvious that the more leaf hairs per square ¼ inch or whatever, would matter. It does.

The cotyledons are those very first round leaves that pop out of your newly sprouted cannabis plants as their very first set of leaves. The resin properties, specifically the resin production potential of the plant can be gauged fairly well by simply examining the cotyledon leaves of each sprout. Noting which have the densest leaf hair expression (number of leaf hairs per square ¼ inch or whatever). It’s as easy as that, just note/label them accordingly as you go forwards.

On these leaves the plants tend to have uniform leaf hair density regardless of whether or not they express more center mass trichomes or spread out trichomes in their flowers later on in life. Super handy trick, especially if going through a variety where many are mediocre and only a very few are stupendous!

Rev’s Tip

Making Dry Sift Hash is Informative and Very Enjoyable
Making Dry Sift Hash is Informative and Very Enjoyable

Cannabis resin properties are deep and wide. Many things can be considered. But even things like terpene qualities can be judged when using the hash method, along with high types. The earlier you can get rid of the plants you don’t want, the better, and that’s really what I wanted to do here today. Add to your arsenal of early selection skills.

Want to get some seriously cool exotic seeds to start your new adventures growing and selecting keepers? Buzz by Kingdom Organic Seeds and have a looksee. Grab a copy of my TLO Book 2nd Edition for better insights into all-natural growing.

Cannabis resin properties are one of my very favorite things to sample through finding the gems I love and for breeding with. It’s fun and rewarding, try it you’ll like it. I’m outty for now amigos, lots of things to be doing around here today—like almost every day LoL—so for now I bid you goodbye. But I’ll see ya back here next Tuesday for another article here at SKUNK by yours truly. L8r G8rs…

  • REv
    ?

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Hemp biotech company teams with plastics recycler to green the plastic industry

A hemp biotech company is teaming up with one of the world’s largest plastic producers to develop a resin that could reduce plastic’s overall carbon footprint by nearly half, reports Hemp Industry Daily.

The two companies, Heartland Industries and Ravago, will work together to create what they described as “the next generation of plastic resins” using hemp as an additive. They plan to develop products for use in packaging, building materials, cars and trucks.

Because hemp sequesters carbon and is renewable, Heartland says a hemp-based additive for recycled plastics could reduce the carbon footprint of virgin plastics by as much as 44%.

Because hemp sequesters carbon and is renewable, Heartland says a hemp-based additive for recycled plastics could reduce the carbon footprint of virgin plastics by as much as 44%.

The Players

Heartland Industries

  • Hemp biotech company (biotechnology is the use of living systems or organisms to create something that solves a problem)
  • Based in Michigan

Ravago

  • One of the world’s largest plastic companies, including plastics recycling
  • International production and distribution, with HQ in Europe

Going Big

Key to this story is scale. Heartland and Ravago aim to develop products for companies that buy large volumes of plastic.

Heartland believes these companies are ready and waiting for more sustainable options in the plastic industry — they just haven’t had a supply that can reliably meet their needs.

“Hemp is a carbon-negative material that can be used across manufacturing, but there is a vacuum of scalable production,” Heartland explains on its website. “[…] This means that companies typically process hemp in small batches and try to wholesale material to any corporation that will buy it. American manufacturers would love to utilize hemp as an additive, but they don’t currently have a reliable supply chain. This leaves hemp sitting in the R&D departments of large corporations and universities.”

Heartland’s role in the equation is building a reliable U.S.-based hemp supply that can be converted into an additive for the new breed of plastics. To do this, the company is working with farmers and manufacturers to ensure consistency of the raw hemp material.

“American manufacturers would love to utilize hemp as an additive, but they don’t currently have a reliable supply chain.”

— Heartland Industries

That mission also dovetails with the Heartland’s soil health initiative. In December, the company announced that its ‘Hemp4Soil’ program would be funded by a $360,000 grant over 3 years from the USDA’s Natural Resources Conservation Service. Heartland said it would use the grant “to partner with farming communities to advance research on soil health and carbon sequestration.”

As for Ravago, sustainability is a stated priority for the company. And with a solid supply in place, it will be able to offer its customers an option for more sustainable plastic that’s also stronger and lighter.

As for Ravago, with a solid supply in place the company will be able to offer its customers an option for more sustainable plastic that’s also stronger and lighter.

Heartland estimated that after the 2022 hemp harvest the companies will be able to process more than 100 million pounds of hemp additives for plastic compounding.

The retooling of equipment used for molding and compounding can be costly, according to Hemp Industry Daily. As part of the agreement, Ravago staff will guide Heartland in developing products to work with plastic companies’ existing settings and machinery.


from Nothing But Hemp https://www.nothingbuthemp.net/post/hemp-biotech-company-teams-with-plastics-recycler-to-green-the-plastic-industry

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Can You Give CBD to Horses?

CBD use has exploded in recent years, and it’s natural for people to want to use what works for them to help their animal companions. It shouldn’t come as a surprise that CBD products for dogs and cats are available in nearly every pet supply store, with plenty of people reporting spectacular results. So, what about horses?

The scientific picture when it comes to veterinary use of CBD is murky at best, even for dogs and cats. There isn’t much concrete research, and the FDA is slow to catch up. Despite all that, some people do give their horses CBD, including vets, and they’ve seen promising results.

Is CBD Safe for Horses

Of course, safety is a top concern when giving an animal companion something new. You’re never exactly sure how it will affect them, and they can’t exactly tell you when they’re not feeling quite right.

When it comes to giving CBD to horses, there really isn’t much research at all, but there is some anecdotal evidence to show that, just like with humans and dogs, it’s probably safe.

Now, it’s always important to keep dosage in mind. Since there aren’t many studies on CBD in horses, there also isn’t a set recommended dosage. Even vets who have given their horses CBD are divided on the issue, assigning dosage on a case-by-case basis. In all cases, treating horses similarly to dogs or humans is not a good idea. Horses are more sensitive to CBD and require significantly lower dosages by weight. [2]

How Can CBD Help Horses?

Again, there isn’t much research on the possible ways that CBD can help horses. Any reports floating around online right now are either people assuming that CBD helps horses in the same ways that it does humans and dogs or they’re based on observations of one person’s horse. Nothing is set in stone, at least not in a rigorous scientific sense.

That said, there’s a good chance that CBD has a similar impact as it does in other animals, including humans. One vet in Colorado used CBD to treat anxiety in horses and found promising results. There are other reports of CBD being effective at managing anxiety in horses, decreasing skittishness, and allowing horses to be less nervous overall. [1]

In other animals, CBD is being investigated for its benefits in treating osteoarthritis, and the same is looking to be true for horses as well. There is also some evidence that CBD may be useful in treating lameness in horses. [3]

For other conditions, there is far less evidence. While it’s certainly possible that CBD may help with seizure disorders, pain stemming from cancer, and other problems where CBD is commonly reported to lessen symptoms, the evidence just isn’t there yet.

Concerns and Precautions

If it wasn’t already abundantly clear, the primary concern when considering CBD for horses is the lack of research. There are no proven methods of treating horses with CBD, and since every animal is different, it’s impossible to be certain how they will react.

It’s also important to get the dosage correct, which leads to an unusual problem. Because CBD isn’t approved by the FDA, your vet can’t formally recommend CBD. At the same time, it’s highly unadvisable to give your horse CBD without consulting your vet. It’s best to get their honest opinion on the topic and see what their recommendation for a dosage would be, if they’re receptive to the idea.

One vet also cautioned against giving CBD to pregnant or nursing mares, given the unknowns around CBD and developing foals. [1]

If you do decide that CBD is right for your horse, it’s always important to keep in mind CBD purchasing best practices.  Always buy from reputable and well-known brands. Look for lab certifications, and make sure that CBD wasn’t extracted using harsh and harmful chemicals.

Resources:

1- McKenna S. CBD for horses. Horse Illustrated. 2020. https://www.horseillustrated.com/cbd-for-horses

2- Gellman K. What you need to know about CBD for horses. Equine Wellness. 2019. https://equinewellnessmagazine.com/cbd-horses/

3- Oke S. Navigating the sea of CBD and its use in horses. The Horse. 2021. https://thehorse.com/192956/navigating-the-sea-of-cbd-and-its-use-in-horses/

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CBD and The Process of Converting it to D8 HHC and More

Converting cannabidiol (CBD) into other cannabinoids is not new, but it is becoming more popular. Delta-8-tetrahydrocannabinol (D8) is one of the most popular minor cannabinoids being converted from CBD today. Although D8 may be taking the main stage in the news headlines, other cannabinoids like hexahydrocannabinol (HHC) and THC-O-acetate (THC-O) are also examples of cannabinoids being converted from CBD.

The conversion process that turns CBD into other cannabinoids is complicated. Let’s look at D8, for example. We aren’t going to go into the step-by-step details for converting CBD to D8, but let’s look at the basics.

Converting CBD Into D8

The first step for all CBD conversions is to extract the CBD from hemp. Starting with a hemp-derived CBD extract is very important. It categorizes the final extract as a hemp product, giving it more legal freedom than CBD extracted from cannabis. Once the CBD is extracted, it then goes through a lengthy process of mixing, refluxing, dilution, and final collection. During this process, CBD gets converted into D8.

Converting CBD Into HHC

Producing HHC is a similar process, although there are different steps to convert CBD into HHC. It involves a hydrogenation process that starts with a CBD extract derived from hemp. Pressure and hydrogen are then used to convert CBD, and sometimes THC, into HHC.

Converting CBD to THC-O

Now, when it comes to creating THC-O from CBD, the process is even longer. The process still starts with CBD extracted from hemp. The CBD extract is then converted into D8. Finally, the D8 is treated with acetic anhydride, and this converts the D8 into THC-O.

All of these conversion processes start by extracting CBD from hemp. Once the CBD is extracted, it can then be used as a raw material to create these other cannabinoids. As time goes on, researchers are sure to find other cannabinoids that can be created by converting CBD.

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Is CBD Still Illegal in ANY States?

Cannabidiol (CBD) seems to be popping up in a growing number of consumer products, including food and cosmetics. But even though CBD products may be FDA-approved, there’s still some confusion over the legality of the cannabinoid across each state.

Is the cannabinoid legal everywhere, or are there still some states where CBD is outlawed?

Simply put, CBD is legal in all 50 states. That said, the specific laws surrounding CBD may differ slightly from one state to another. More specifically, state laws may vary on the legality of the type of CBD product used, as some particular forms may be outlawed.

CBD can be derived from both the hemp and the cannabis plant, which are not exactly the same. Instead, they’re different strains of the same species of plants. The specific type of plant that CBD is derived from matters in terms of legality from one state to another.

Thanks to the 2018 Farm Bill, the cultivation of hemp is legal in the US. And as long as CBD is derived from hemp that contains less than 0.3% tetrahydrocannabinol (THC), it’s legal on a federal level, as well as across each state.

The issue on the legality of CBD stems from whether it’s derived from the cannabis or hemp plant. While hemp-based CBD may be legal thanks to its low level of THC, cannabis-derived CBD may have some legal implications in states that have not yet legalized marijuana, whether for recreational or medical purposes, or both.

Right now, cannabis is legal for recreational use in 18 states plus the District of Columbia.

In these states, CBD extracted from the cannabis plant and incorporated into a product with a THC level of more than 0.3% would be considered legal. And for the additional states that allow for medical use of cannabis — bringing the total to 36 states — CBD derived from cannabis for the purpose of alleviating medical issues would also be considered legal. There are no gray areas in terms of whether the CBD was derived from the hemp versus the cannabis plant.

The confusion comes when we talk about CBD’s legality in states where marijuana is still illegal, including Texas, Georgia, and South Carolina, among others. In these states, CBD must be derived from the hemp plant and not have any THC levels exceeding 0.3% in order to be considered legal.

Another point of confusion stems from the federal stance on cannabis. Again, hemp is legal on a federal level thanks to the 2018 Farm Bill. But cannabis continues to be outlawed. As such, only CBD from hemp would be considered legal from a federal standpoint.

All in all, CBD is legal in all states, as long as it’s extracted from the hemp plant and the product contains less than 0.3% THC. If derived from cannabis, CBD’s legality would be based on a state-by-state case.

Image source: CBD-Infos-com via Pixabay

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