CBD Oil is Legal in Certain States and Federally Illegal – Officially Schedule 1

Is cannabidiol (CBD) oil illegal? Well…what country do you live in? If you answered the United States, the answer is yes. CBD oil and any “extract containing one or more cannabinoids that have been derived from any plant of the genus Cannabis” has (as of December 14, 2016) been given a new controlled substance code by the DEA and firmly classified as a schedule I substance. So, illegal.

But wait! There’s another question, guys! What state do you live in? Obviously,  if you live in a state where marijuana is legalized in all forms or in a state with legalized medical marijuana, CBD oil is freely available. There are also 16 states that have passed laws specifically allowing the prescription (super illegal by federal standards) or the study of CBD oil in the case of patients experiencing seizures, muscle spasms, and epilepsy. This leaves about 6 states where marijuana is illegal in any form. Oh, but remember, even in the states where it is legal, it is illegal to possess it in any building or facility managed by the federal government.

Why Does It Have To Be So Confusing?

CBD is available with a prescription in Australia and Canada and the U.K. Oddly enough, CBD oil is listed in the cosmetic ingredient database in the E.U. In the U.S., it’s illegal to have or use CBD oil in Idaho, for example. But every surrounding state allows it. Get your head in the game, Idaho!

The U.S. federal policy on marijuana is nonsensical. Marijuana is not legal because of the tetrahydrocannabinol (THC). CBD oil is not legal, even when tested to ensure the trace amounts of THC are below a certain threshold (which varies, although the smallest amount allowed seems to be .3%). Hemp is not legal according to the final rule released from the DEA in 2016, as it is in the genus Cannabis and classified as a schedule I like heroin (oxycontin is a schedule II drug, for reference). Not banned? A schedule III synthetic version of THC known as Dronabinol is currently accepted for medical use.

Covering Your Ass, DEA-Style

More than half of Americans believe medical marijuana should be legal. The 9th U.S. Circuit Court of Appeals took away the federal government’s ability to fund prosecution of people using medical marijuana according to state laws. In the words of former attorney general Eric Holder,

You know, we treat marijuana in the same way that we treat heroin now, and that clearly is not appropriate.”

With support for medical marijuana growing in the United States, why is the federal government dragging its heels?

The government claims there is not enough research to be sure that CBD and other cannabinoids have medicinal benefit, which is kind of a cop-out, as the research itself is illegal. The government ignores the countless stories and videos showing the amazing effect CBD oil has on people and children suffering from epilepsy, seizures, and neurological disorders. The denial of marijuana as medicine also directly contradicts the government’s Investigation of New Drugs (IND) program founded in 1978 (the program has since been closed to new patients). Under that program, there are still a tiny number of people (3) receiving medical marijuana from the federal government. So while the federal government has labeled marijuana a schedule I substance, they are also still legally dispensing marijuana to patients. But they still claim it can’t be legalized because they don’t have enough “research.”

If I’m Wrong, I Don’t Want to Know About it

So, to recap: CBD oil is banned federally due to the psychoactive compound THC (which it has in super small quantities if any) and a lack of research supporting medicinal claims, but a synthetic drug that is basically THC is legally available, and certain patients from an older (That’s where the research went!) government program have access to legal medical marijuana…from the government. Why? The current federal stance on marijuana (medicinal or otherwise) is about control of the medical marijuana market. If companies manufacturing medical marijuana extracts like CBD oil are able to control which products get through to market, they have the potential to create a monopoly. Once again, profits and market control are higher on the list of government priorities than providing medical relief to patients who truly need it.

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Marijuana Suppositories Provide an Interesting Next Move for Medical Cannabis

Foria, a California company, has found a way to combine two of this today’s biggest issues -women’s rights and marijuana – into one tiny item: a suppository.

Oddly enough, the meeting of these issues has resulted in a treatment that’s better than ibuprofen for PMS and menstrual discomfort. The suppository, marketed under the name Relief, consists of organic and biodynamic THC and CBD (the active cannabinoids in the product) and organic cocoa butter. THC and CBD have been chosen for their ability to relax the nerve endings in the pelvis and surrounding areas while blocking out pain and soothing inflammation. The jury is out on whether Foria’s product is able to regulate hormones to the point that PMS is alleviated permanently, but women looking for an alternative to damaging ibuprofen, antidepressants, or synthetic hormones could do worse than use the THC and CBD in Foria’s suppositories for cramps, mood swings, and other menstruation issues.

Why You Can

Long-term use of antidepressants and pharmaceuticals with synthetic hormones impedes the body’s ability to produce its own hormones, and prolonged use of ibuprofen can cause kidney and liver damage. Herbal remedies like chaste tree berry, cohosh, dandelion root, and wild yam have been shown to relieve PMS symptoms.

Marijuana’s primary PMS relief comes from its status as an antispasmodic, muscle relaxant, and anti-anxiety substance. Foria’s Relief has found that these qualities result in a significant reduction in cramps and other menstruation issues. In contrast to conventional PMS relievers, the amount of cannabis used in Foria’s Relief is not enough to disrupt estrogen levels.

Why You Can’t

Sounds like it’s worth a try, doesn’t it? But here’s the bad news: you can’t get it unless you live in Colorado or California. There’s also the issue of price and it’s not clear how long the suppository works. At 11 dollars for each one, they have the potential to be rather expensive. There is also the issue of drug tests. While medical marijuana is legal is CA and all marijuana is legal in CO, people working jobs that require negative drug tests will have to be careful about their usage.

The Messy Details

Foria is in a unique position with this product – a new frontier, if you will, in marijuana medication. Inserting medications rather than ingesting them has the potential for its own problems, although the company is being transparent with their growing process and quality controls. Not everyone can afford or attain this product. But this is an interesting development in using marijuana as medicine, and with the current flux state of marijuana policy, it pays to be prepared.

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