In recent years, Americans have been pushing for a more progressive legal approach to cannabis. In many respects, they’ve been successful; every state in the U.S. except for Idaho, Nebraska, and South Dakota has legalized some form of marijuana. 10 states have gone as far as allowing recreational use, while the other 33 allow medicinal use within specific state laws. Along with the rise of legalization, the U.S. has also seen an increase in the production of other, fully legal cannabis products, which can be bought at retail stores for therapeutic use.
The use of cannabidiol (CBD) oil is a hot topic, but understanding the available forms and if they’re legal can be confusing. These oils are produced by two types of cannabis plants, hemp and marijuana. The products of one of these plants are authorized for use under federal law, while the other plant type is restricted under federal and state laws.
Hemp-derived CBD
Hemp doesn’t have any psychoactive properties. It contains CBD (20 percent or more), but it has very low levels (0.3 percent or less) of tetrahydrocannabinol (THC), the ingredient that produces a high. Since the passing of the 2018 Farm Bill, hemp-derived CBD is legal in 50 states. That being said, since the law is still relatively new, some states, such as the three listed above, may not fully embrace CBD and may impose strict limitations on the retail sale of CBD. Also, CBD derived from hemp must be grown by a licensed business that’s approved by the federal and state government, so some smaller startup businesses selling CBD oil may be in legal jeopardy. Holistic health advocates encourage the use of CBD oil, which is also known as hemp oil, for the following medical conditions:
-
– Glaucoma
– HIV and AIDS
– Cancer
– Anxiety
– Depression
– PTSD
– Crohn’s Disease
– Epilepsy and seizure disorders
– Muscular dystrophy
– Chronic pain
Marijuana-derived Oil
The other species of cannabis is marijuana, which contains lower levels of CBD (10 percent or less) and higher levels of THC (up to 35 percent). Marijuana-derived oils, often called THC oil or cannabis oil, are also used for medicinal purposes. However, due to their psychoactive properties, they remain illegal under federal law. State regulations regarding the use of marijuana oils vary drastically. In Louisiana, CBD oils containing more than trace amounts of THC are illegal. A law authorizing the use of medical marijuana was passed in 2016, but no medical dispensaries have opened as of April 2019.
Possession Laws
Many states, including Louisiana, consider THC oil to be a Schedule I drug, a classification used to describe substances that have no medical use, high abuse potential, and severe safety concerns. Marijuana oil is treated in the same way as other forms of marijuana under state law, and those caught in possession of it without a medical exemption are subject to penalties, fines, and incarceration. These substances are often recovered during routine traffic stops.
If you’ve been arrested for a drug charge, you should contact an attorney as soon as possible. At NOLA Criminal Law, attorney Townsend Myers has decades of experience defending clients in criminal cases. To schedule a free consultation, call 504-571-9529 today.
