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Legality

Learn the LAWS associated with CBD

WE DO NOT PROVIDE LEGAL ADVICE

The Controlled Substance ACT (CSA) – what makes substances and drugs to be considered legal or illegal?

The Controlled Substances Act (CSA) is the resolution establishing the U.S. federal governments drug policy, including the strategy under which the manufacture, importation, possession, use, and distribution of specific substances and drugs is managed. It was passed by the 91st United States Congress as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970 which was signed into law by President Richard Nixon.

REQUIRED OF A SUBSTANCE TO BE CONSIDERED A SCHEDULE

(A) The drug or other substance has a high potential for abuse.

(B) The drug or other substance has no currently accepted medical use in treatment in the United States.

(C) There is a lack of accepted safety for use of the drug or other substance under medical supervision.

Read the full Controlled Substance Act Here 

Is CBD legal?

We at ATLRx do not provide any legal advice, but we want our customers and partners to know, that we have done our research, and we want to share that research with you. ATLRx products are produced in accordance to federal regulations in the United States. So what are these federal regulations? Let’s try to understand.

Until just very recently (think last 5 years) all cannabis-based products and derivatives were considered as a controlled substance at a Federal level. Since the Farm Bill or the Agriculture Improvement Act of 2018, changed that stance on Hemp being classified as a controlled substance. Hence, CBD can be derived from cannabis plants and from hemp plants. As I am writing this post, Hemp based CBD is completely legal federally. This makes Hemp an agricultural commodity. Not only from a medical consumption point, but also from being able to use hemp to replace plastics, concrete, paper and many other renewable and biodegradable products.

So where does CBD come from?

CBD comes either from the marijuana plant or the hemp plant. Today, the United States Federal Government has laws defined about CBD derived from hemp, however, CBD that is derived from marijuana is still considered a schedule 1 substance. The main difference between hemp derived and marijuana derived CBD is that hemp is that hemp derived CBD that must not have 0.3 percent of THC. Although, marijuana derived CBD has very little THC (we have seen up to 20% THC), only hemp derived CBD is considered legal in the United States.

All ATLRx products and created from Industrial Hemp derived CBD and have less that 0.3% of THC present.

What is the legal definition of “Industrial Hemp”?

According to the United Stated Department of Agriculture (USDA) the term ‘’industrial

hemp’’ includes the plant Cannabis sativa L. and any part or derivative of such plant, including seeds of such plant, whether growing or not, that is used exclusively for industrial purposes (fiber and seed) with a tetrahydrocannabinols concentration of not more than 0.3 percent on a dry weight basis.  the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.2

ATLRx provides third-party testing on all the products and batches we produce for every one of our products. Visit our product pages to see our most current test results.

Why did the US Food and Drug Administration (FDA) change its stance on CBD?

Hemp was legalized for Research purposes close to 2016. After years of research, clinical trials, and university research, the FDA approved a prescription-based CBD medicine, Epidiolex, an Oral solution for the treatment of seizures. To learn more about this product please visit the US Food and Drug Administration for more details.

https://www.fda.gov/newsevents/newsroom/pressannouncements/ucm611046.htm

Why did the Drug Enforcement Agency (DEA) change its stance on CBD?

After approval of Epidolex by the FDA, the DEA had 90 days to change the stance on CBD. Prior to this the DEA considered all marijuana-based derivatives to be a Schedule 1 drug (Read here about the Controlled Substance Act), which basically means that all cannabis plants (including marijuana and hemp) did not have any accepted medical use in the treatment in the United States. Hence why the DEA has to make a change to comply with the FDA approval of Epidolex, making hemp derived CBD off the Controlled Substance Act list.

Federal Drug Code 7350 for Marijuana Extract versus the US Farm Bill Section 7606

The DEA issues a new drug code (7350) established in the Final Rule that does not include materials or products that are excluded from the definition of marijuana set forth in the Controlled Substances Act (CSA).1

This went completely against the US Farm Bill Section 7606. The first line of the US Farm Bill Section 7606 states “In general Notwithstanding the Controlled Substances Act (21 U.S.C. 801 et seq.)” which basically in layman terms means “even though the controlled substance act exists, it does not apply to the Farm Bill Compliant Industrial Hemp”.

Hence, the DEA doesn’t have authority to treat the Farm Bill compliant products such as the naturally occurring CBD in Hemp as a controlled substance. This basically makes the Federal Drug Code 7350 have zero impact on the legality of Hemp derived CBD products, making ATLRx products completely legal according to the Federal Government.

 

Don’t take our word? Hear the head Administrator of the DEA, Chuck Rosenberg clearly state under oath that drug code 7350 does not apply to products created from the Farm Bill compliant Hemp.

 

Here is a graphical matrix to help you better understand the federal laws:

             

Legal according to US federal Laws

Illegal under the US Controlled Substance Act

CBD Derived from Hemp

YES NO

CBD Derived from Marijuana

NO NO

 

Understanding State Laws

After the Farm Bill 2018, Hemp derived CBD is completely legal to cultivate, research, manufacture and sell under the federal laws of the United States. This is only specific to hemp derived CBD. In terms of “Marijuana” derived CBD products, many state has laws and regulations that need to be followed. Lets take a closer look:

Here is a map to help you understand the laws of your state (thanks to NORML):

Legend:
Green – Hemp and Marijuana derived CBD and Cannabis is legal for medical and adult use

Blue – Hemp derived CBD is Legal. Marijuana derived CBD and Cannabis is legal for medical and adult use

Yellow - Hemp derived CBD is Legal. Marijuana derived CBD and Cannabis have Medical laws that only permit low-THC, high CBD products

Gray - No protections for CBD consumers

**Currently there are only 2 states where Hemp Derived CBD is ILLEGAL. This includes Idaho and Nebraska.

 Click on any state in the Map to further understand the laws of your state.

Brief History of CBD Legalization

CBD has been used and cultivated from since almost 4000 years ago. In the 1500s, scientists began studying the medical benefits of cannabis. Around the 1950s, when scientists started extracting cannabidiol and prove that CBD is a non-psychoactive component of the cannabis plant, the legal battle for CBD began.

According to history.com, our Founding Father Thomas Jefferson demanded that “an acre of the best ground” was to be kept for growing and cultivating hemp. Around 1950’s CBD had been outlawed globally, due to not being able to extract and distinguish medical benefits between CBD and THC. Then came the Controlled Substances Act, which categorized all Cannabis as an illegal substance in the United States. 4

In more recent years, the Agricultural Act of 2014 was signed by President Barack, passing the bill into a law. This provision allowed the cultivation of hemp for industrial and medicinal research. This ground-breaking bill started paving the way towards the 21st century understanding, research and scientific analysis of CBD and its benefits.

To read the entire Agricultural Act of 2014, click here.

Next came the Farm Bill of 2018 (aka Agriculture Improvement Act of 2018), signed into law by President Trump. This law repeals the Agricultural Act of 2014, which will now allow mass cultivation of Hemp plants, as it will now be treated like any other agricultural commodities. Additionally, the Farm Bill clarifies that any cannabinoid that is derived from hemp will be legal, if and only if that hemp is produced in a manner consistent with the Farm Bill, associated federal regulations, associated state regulations and by a licensed grower. To read more about the Farm Bill of 2018, click Here. ***HYPERLINK***

Today, almost 6000 years since the cannabis cultivation, it is now legal in ALL 50 states of the United States and the FDA has approved prescription-based CBD as a medicine.

 

1 The CSA states: "The term 'marihuana' means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination." 21 U.S.C. § 802(16).

2 https://nifa.usda.gov/industrial-hemp

3 https://www.cbdhacker.com/is-cbd-legal-in-your-state-interactive-map/

4 http://www.history.org/foundation/journal/Winter15/hemp.cfm