CBD Oil versus Medical Marijuana
The legislative activity regarding “medical marijuana” is specific to CBD extracted from Marijuana (the buds and leaves) grown for medical use.
The Industrial Hemp produces higher levels of CBD than Marijuana (recreational weed), and has a different legal status.
This statement should put to rest any concerns you may have:
Non-psychoactive hemp is not included in Schedule I of the Controlled Substances Act. Hemp is legal to import, sell, and consume in the United States.
Our hemp products are considered food or dietary supplements, and our CBD is a natural constituent of the hemp plant, its stem & stalk, and the extracted essential oil is not synthetic or artificial; therefore, our naturally-derived, industrial hemp-based CBD is exempt from Schedule I just as any other constituent of non-psychoactive industrial hemp.
The United States Court of Appeals for the Ninth Circuit in Hemp Industries Assn., v. Drug Enforcement Admin., 357 F.3d 1012 (9th Cir. 2004), recognized that “non-psychoactive hemp [that] is derived from the ‘mature stalks’ or is ‘oil and cake made from the seeds’ of the Cannabis plant, …fits within the plainly stated exception to the CSA definition of marijuana.” Id. at 1017.
As such, the court determined that the government (i.e. DEA) has no authority under current law to completely ban “[the trace amount of] THC that is found within the parts of Cannabis plants that are excluded from the CSA’s definition of ‘marijuana’ or that is not synthetic.” Id. at 1018.
IIndustrial hemp is legal to import under the Controlled Substances Act (CSA). Since 1937, the federal statute controlling marijuana has excluded the stalk, fiber, oil and sterilized seed of the plant Cannabis sativa L., commonly known as hemp, from the definition of marijuana. 21 U.S.C. § 802(16), and again in reference to 2-6-04 Ninth Circuit Court of Appeals ruling.