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When asked why the state has gone this route, a spokesman from the California Department of Public Health said that state law requires the agency to adopt federal laws and regulations around food, drugs, cosmetics and medical devices. Los Angeles cannabis attorney Hilary Bricken noted that this approach — to wait for the legality of hemp-derived CBD to shake out on the federal level — is easier and less expensive for the state. But this strategy also invites risk for consumers, she said.
Although some stores stopped hawking ingestible CBD products after the state released its guidelines, others, like Topikal, say they will keep selling CBD goods until they are stopped. Local environmental health agencies are responsible for enforcing the state guidelines, but few counties are doing much in the way of actual enforcement. San Diego County has found one facility in violation. On the more heavy-handed side is Orange County, recording 10 violations during routine inspections.
Retail stores like Topikal, which are not inspected by health agencies, are unlikely to be cited. CBD advocates contend that the state is instituting a largely toothless decree when instead it should be exploring ways to regulate all products infused with the extract — not just those sold at dispensaries, and regardless of whether they come from marijuana or hemp.
Consumers who purchase a CBD product from a non-licensed retailer in California are, in a sense, blindly trusting that its purity and THC levels are sound.
Out of 84 items surveyed, 18 had THC levels high enough to potentially cause impairment. Greg and Gary Avetisyan of Topikal sell products they make themselves, such as CBD pain cream and emu oil salve popular among those suffering from eczema and psoriasis, they say as well as items from other companies. One of these products is Vybes, a tea-like juice drink infused with 15 milligrams of hemp-derived CBD. But given CBD's potential medical benefits and nonpsychoactive effect, there's little evidence to justify making it illegal or even just extremely hard to obtain.
Tell that to the DEA. Last December the agency created a new drug classification for marijuana extracts that seemed to indicate that CBD, no matter its source, would be considered a Schedule I drug—in the same category as heroin—despite the provisions carved out for hemp production in the farm bill and despite the nascent evidence of CBD's potential medical benefits.
Barbara Carreno, a spokesperson for the agency, says the new classification was created as a "housekeeping" measure to better keep track of studies specifically around marijuana extracts. She says the agency has always and continues to view marijuana extracts as Schedule I substances, those "with no currently accepted medical use and a high potential for abuse.
When asked if the agency considered CBD extracts derived from hemp to be a Schedule I substance, Carreno said it's impossible to extract CBD from hemp because hemp is considered to be the stalk of the marijuana plant, and CBD is found only in its leaves and flowers.
The DEA backtracked this claim in a recently released clarification acknowledging that you can indeed extract CBD from hemp, but it's just "not practical. Knight, the legal expert, disagrees. While its stalks are a poor source of the chemical compound, CBD may still be derived from them, he adds. But more importantly, he argues, the DEA's stance is illogical given there's nothing that could legally bar a manufacturer from producing CBD extract from any part of the hemp plant so long as they're abiding by state rules.
Whether or not the DEA recognizes the absurdity of its position, Knight says, the agency's hands are tied when it comes to prosecuting retailers or producers—in short, it can't. A congressional appropriations bill bars the use of federal funds to to prohibit the sale, transportation, or processing of hemp products "within or outside the state in which the industrial hemp is grown or cultivated.
Because of this, from a federal standpoint, the CBD products found in vape shops, like those sold by Warrender's company, and the CBD items for sale in Palatnik's store, "are completely legal," Knight says.
It's possible these stores may violate state laws, but they could only be prosecuted by a state law enforcement agency that doesn't receive federal dollars. Warrender says he consulted attorneys to be sure that CBD derived from hemp was indeed something he could legally sell to the general public. But while the farm bill and subsequent pieces of legislation have essentially legalized the product, Warrender says the industry should still "be ready and willing to defend it. Officials with the Illinois Department of Agriculture say CBD products fall under the purview of Illinois's medical pot pilot program and that they forward any reports of stores selling what purports to be CBD to the "proper authorities.
Given the legislation in place, the number of stores openly selling CBD products, and the fact that law enforcement would need to make sure they don't spend federal dollars in any crackdown effort, it's unlikely these businesses will experience any pushback from state or federal agencies. Of course, this legal and regulatory confusion could all be resolved at some point if the federal government relaxed its regulations on marijuana.
Or it could become still more confusing. Even as Attorney General Jeff Sessions has promised to crack down on states where pot is legal , on Wednesday the state house and senate introduced bills to make recreational weed legal in Illinois. Showing 1- 26 of Switch to the mobile version of this page. Posted By Lee V. Showing 1- 26 of 26 Add a comment. Subscribe to this thread:. More by Lee V. Extraordinary Popular Delusions Beat Kitchen.
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Looking for great, effective, pure, and potent CBD in California? The products being sold in mainstream stores and through the mail contain CBD derived from hemp High-CBD strains are ideal for new users, or for people returning to smoking after abstaining for many years. Politics Is CBD Oil Legal?. Our motto at CBD Life is “Find your Balance,” for that reason we focus on providing access to high quality and reliable Hemp based CBD oils and products that. But look closely enough and you can make out two words: “CBD oil. make consumers high, but international demand for CBD is growing as word . other area restaurants and stores — including Mother's Market & Kitchen.