Already the landscape is changing, as the regulation of legal nutritional products now falls into the regulation of the FDA — who have yet to make any official statements for or against the sale and use of CBD as a nutritional supplement. People are suspecting an FDA crackdown coming to companies operating in the CBD space.
Moving forward, we expect the laws to continue to change across federal and state legislature as more people demand access to this safe and effective supplement.
In all conditionally legal states, you can expect it to be a little harder to find hemp-derived CBD products locally.
What Does the Future Look Like For CBD Products In the United States?
Cannabis has had a rocky history in the United States. Starting in the 1920s, various states banned the use of the herb, which eventually leads to the federal government banning the plant’s use under any circumstances for several decades.
As times change and more people begin to understand the usefulness of this plant, laws are slowly starting to revisit the status of marijuana country by country.
The cannabinoids are a unique class of compounds not exclusive to the cannabis plant, you can also find it in plants like Echinaceae or Helichrysum, but none as abundant as Cannabis.
Now, as we inch our way towards a new decade, the landscape is much different.
Then, there’s HIA v. DEA – a lawsuit by a hemp trade association that challenges the agency’s classification of CBD as a Schedule I substance. Federal judges at the Ninth Circuit Court of Appeals heard oral arguments in the case earlier this year. Clearly, attorneys representing hemp businesses have a different interpretation of federal law than the DEA.
“It would not be an appropriate use of federal resources to go after a mother because her child has epileptic seizures and has found something that can help and has helped. Are they breaking the law? Yes, they are. Are we going to break her door down? Absolutely not. And I don’t think she’ll be charged by any U.S. Attorney,” DEA spokesperson Rusty Payne told the Indiana news station.
Meanwhile, the Drug Enforcement Administration maintains that CBD is definitely still illegal. Last November, a spokesperson for the agency explained to WTHR that those who violate federal drug laws still run the “risk of arrest and prosecution.” But he also said that the DEA is not going after individuals who have benefited from CBD oil.
An Indiana man was overwhelmed with emotion this week when a county court dismissed his case.
CBD, short for cannabidiol, is a compound found in cannabis that has gained prominence in recent years for its therapeutic properties. Cannabis advocates have hailed the cannabinoid for its promise in combating seizures, anxiety and myriad other ailments. CBD is “the new ‘it’ drug,” according to The Washington Post. It’s a “rapidly rising star for its capacity to deliver mental and physical benefits,” according to Quartz.
Mamadou Ndiaye was facing jail time and a $1,000 fine for marijuana possession. But Ndiaye possessed only CBD oil – a substance that was legalized by the state legislature last month. Thanks to the new CBD law, the prosecutor and judge both decided to dismiss the case.
“This is the best day of my life,” he told WTHR, which has been reporting on Ndiaye’s case and the confusion surrounding CBD laws in Indiana.