Feds on Non-Psychoactive CBD Oil: As Dangerous as Heroin and EcstasyIn the July 2015 issue of the MMM Report, we told readers the benefits and laws regarding CDB oil in the United States. Recently, however, the DEA has ruled CBD Oil to be a Schedule I drug. This not only means the drug has no medicinal uses, but also that those using the medication could be punished as harshly as those who use heroin, LSD, or ecstasy, even if the medicine is legal in their state. As of October 2016, HealthyReport.info reported hemp oil to be legal in all 50 states because the oil can be extracted from marijuana as well as industrial hemp plants, which contain no THC.
Apparently the DEA disagreed with that idea, and came up with their own rule. There are 16 states with specific laws regarding the oil:
Alabama: Carly’s Law was signed into effect April 1st, 2014 by Gov. Robert Bentley. The law which legalizes CBD oil for medical patients also calls for the University of Alabama to conduct research into cannidibiol’s efficacy in treating neurological conditions like epilepsy.
Delaware: Governor Jack Markell signed SB 90, Rylie’s Law, in June 2015. The law states, “The Department shall issue a registry identification card to a qualifying patient with intractable epilepsy or involuntary muscle contractions that cause slow, repetitive movements or abnormal postures, such as dystonia, who is younger than 18 years of age, but only for the use of medical marijuana oil [that is not more than 7% THC].”
Florida: Governor Rick Scott signed HB 843 on June 16th 2014. CBD is not limited to only seizure patients but also those with Parkinson’s, Alzheimer’s, PTSD, and cancer. The law set up four regional organizations to grow, test, and dispense the oil.
Georgia: After the first time HB 885, or Haleigh’s Hope Act, failed in the state senate in 2014, Gov. Nathan Deal signed an executive order demanding a study into the oil. When the legislation was reintroduced in 2015 it passed and was signed into law on April 16th, 2015. Haleigh’s Hope Act covers seizure disorders as well as cancer, sickle cell, ALS, and MS.
Idaho: In April of 2015 Gov. Butch Otter vetoed a bill named for Alexis Carey, an epileptic 11 year-old, which would have allowed parents to possess up to 32 oz. of liquid CBD to administer to their children who suffer from seizures. The governor says he will issue an executive order mandating the state’s Department of Health and Welfare to study the effects of CBD oil on epilepsy, but this order has yet to be implemented so CBD is still not allowed.
Abram Mayhem of Iowa is one of CBD oil’s many success stories. He has now been seizure free for 19 months since starting CBD treatment.
Kentucky: Governor Steve Beshear signed SB 124 on April 11th 2014. The law set up a trial run to be conducted by the University of Kentucky and the University of Louisville med schools which will provide research and distribute the oil to patients selected to be in the program.
Mississippi: The Harper Grace Durval law was signed on April 17th by Gov. Phil Bryant. The National Center for Natural Products Research in Oxford will be producing CBD medication to distribute to qualifying patients.
Missouri: Gov. Jay Nixon signed the bill on July 18th 2014, making CBD-only oil available to patients. The oil will only be for those who suffer from seizures and they must prove that other treatment options have failed to work. It can be produced by non-profit applicants approved by the state’s Department of Agriculture.
New York: While CBD oil is not legal yet in the state of New York, Gov. Andrew Cuomo announced in June of 2014 that the state made an agreement with GW Pharmaceuticals to test the efficacy of CBD used by children suffering from Dravet’s syndrome and Lennox-Gastuat syndrome, which are both seizure disorders.
North Carolina: On July 3rd 2014 Governor Pat McCrory signed the CBD legislation. The bill calls for trial studies to be done by University of North Carolina, Duke, Wake Forest, and East Carolina with the focus on making the oil available for children who suffer from seizure disorders. Neurologists from the schools will be responsible for providing the oils.
Oklahoma: When Gov. Mary Fallon signed the CBD bill on April 30th, 2015, she stated that her hope was to help sick children get potentially life-changing medicine. Also mentioning the law “has been narrowly crafted to support highly supervised medical trials for children with debilitating seizures.”
South Carolina: CBD oil became legal in SC on May 28th, 2014 when Gov. Nikki Haley did not veto the bill that had been passed by the state House and Senate. The bill requires a clinical trial to be established at the University of South Carolina.
Tennessee: Gov. Bill Haslam signed his CBD bill in May 2014. It directs Tennessee Tech University to create a research program to study the effects of the medication in relation to seizure activity and states the research must be completed by 2018.
Texas: Texas was the fifteenth state to legalize CBD oil. Governor Greg Abbott signed SB 339 into law on June 1st, 2015.
Utah: The first state to legalize CBD oil was Utah. March 25th, 2014 Gov. Gary Herbert signed HB 105, or the Plants Extracts Amendment. The bill calls for the state’s Department of Agriculture to grow industrial hemp to create the oil. While patients are unable to purchase the oil in their state, the bill does allow for them to acquire the medicine in Colorado and transport it back to Utah.
Virginia: SB 1235 was signed by Gov. Terry McAuliffe on February 26, 2015. The bill prevents patients using the oil for seizure-related conditions from being prosecuted.
Wisconsin: The fourth state to legalize CBD oil was Wisconsin when Gov. Scott Walker signed AB 726 on April 16th, 2014.
CBD has been proven to have medicinal benefits, much in the same way marijuana has been proven to have medicinal benefits. CBD is being called the miracle cure for seizures, especially in children. Numerous studies have backed the idea that CBD not only decreases the intensity of seizures but the frequency as well. The oil contains no THC, which is the main psychoactive ingredient in marijuana.
Patients feel scared and nervous that the medicated oil they have been using could now get them thrown in jail for up to five years for the first offense. The DEA claims the rule is being created to allow “for better accounting of marijuana extracts.” However, while this ruling allows federal officers to attempt to punish medical users, it will have a hard time being enforced due to the Rohrabacher-Farr Amendment which bans the Department of Justice from using federal dollars to ‘interfere with states’ medical marijuana laws’.