Is CBD Oil Legal?

May 20, 2019

Last week a 69-year old Tennessee great-grandmother made national news when she was arrested entering an Orlando theme park for possession of CBD oil. Cannabidiol, CBD, has been increasingly used to treat many ailments, such as arthritis, which the great-grandmother has been using prescribed by her doctor in Tennessee.  So how can you be arrested for a medication prescribed to you by your doctor?  Well it's because of a conflict in laws. An estimated 64 million people have tried CBD in the past 24 months, which is extruded from hemp, the same plant which it flowering buds are commonly known as marijuana. Last year the Federal government basically decriminalized CBD oil by directing the Department of Agriculture to issue regulations and guidance for the production of industrial hemp in the United States. In fact the Drug Enforcement Administration announced that hemp, including extracts like CBD, would be taken off its list of illegal drugs as research as shown CBD oil is effective for many in pain management, insomnia, anxiety, and other health problems. Many drug stores even sell it next to aspirin! However according to current Florida law, CBD products are illegal. Florida statute 893.02 states cannabis derivatives, which include CBD oil, are illegal to possess or to be sold. However just over the last few days that law is poised to be changed.  The legislative session for 2019 and among many law passed included SB1020, which would legalize hemp in Florida as well as hemp products that contain 0.3% or less THC, the active ingredient in that gets you high. The bill awaits the signature of Governor DeSantis before it becomes law, so until that happens and an effective date is announced CBD oil is still illegal in Florida. But take heed as laws in Florida are most likely to be changed, current urine drug tests for marijuana can show you positive for marijuana.  There too the laws are changing faster than the systems in place for employment. The current drug tests don't look for CBD oil or even THC. They detect a compound created by the body when it metabolizes THC and with CBD oil containing  up to 0.3% THC. It is possible that over time the small amounts of THC allowed in CBD products could build up in the body to detectable levels. So if you use CBD, or plan to use it once it becomes legal in Florida and especially if you are applying for a job or work in a sensitive field, you should be aware of the chances your prescribed CBD oil may cost your job.

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SOURCE: Consumer Reports

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