3 Highly Illegal Mistakes Waiting to Happen: CBD Oil and Guns

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What is CBD?

A new topic sparking up conversations nationwide is the legality of cannabidiol or CBD oil. While many medical patients swear by its healing effects, gun owners nationwide could find CBD oil to be a huge source of pain when it comes to their Second Amendment rights.

CBD oil, used for medicinal purposes, is spreading like wildfire among people here in the United States and abroad. CBD is often synthesized from the oily resin of the cannabis plant to create edibles, gel caps, topicals, beverages, and vape oil cartridges. People use these products to treat everything from epilepsy to arthritis. Despite its popularity, it’s very important to realize anything related to cannabis triggers potential criminal liability under both state and federal law.

Federal Classification

Federal law considers cannabis or marijuana a Schedule 1 controlled substance under the Controlled Substances Act. This classification under the act equates marijuana with heroin and other hard drugs and states it lacks any medicinal value, has a high potential for abuse, and cannot safely be prescribed. Merely possessing cannabis is a federal misdemeanor punishable by a fine up to $1,000 and/or a year in prison.

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In 2018, the Federal Farm Bill was passed and lifted a ban on hemp production, removing it from the Controlled Substances Act. This effectively cleared the chamber for CBD oils derived from hemp to hit the marketplace. However, federal authorities were quick to point out that any CBD oil products marketed as therapeutic or added to food products were essentially the same as adding a prescription drug and will be regulated similarly.

Let’s take a look at three common misconceptions when it comes to CBD oil.

Misconception #1: CBD is legal in my state, so I have nothing to fear when carrying a firearm

Misconception number one: many people believe that if CBD oil is legal in their state, then they have nothing to fear. Unfortunately, this is wrong. If you want to remain a legal gun owner, you should pause before you inhale or consume any product containing CBD oil.

If you’re using CBD oil as a treatment plan or have a medical marijuana prescription, you might inadvertently become classified as an unlawful user under federal law. If you are an unlawful user, you would no longer be legally eligible to purchase, own, possess, or transport firearms. Not only that, but most states require that to be eligible for a handgun license or permit, you must not be prohibited from possessing a firearm under federal law. If you’re classified as an unlawful user under federal law, you could become ineligible, or worse yet, you could lose your state-issued handgun license or permit.

Misconception #2: All CBD Oil is created equally and legally

Misconception number two: people mistakenly believe all CBD oil is created equally and legally. Unfortunately, CBD oil is produced by different companies and some don’t mind bending the rules to move their products quickly. Often times, CBD oil users are surprised to discover their pain relief comes with an unintended ingredient, tetrahydrocannabinol or THC. This ingredient is the psychoactive and intoxicating component found in marijuana and can cause everything from eating too many chips to failing a drug test at work. Not only could a CBD oil user be fired from their job for an honest mistake, but they could also be prosecuted. Many jurisdictions treat THC-laced CBD oil as a controlled substance worthy of a felony charge, no matter how much or how little you may have in your possession when law enforcement discovers it.

Misconception #3: As long as I have my prescription, I can carry my CBD into any state

Misconception number three: many people believe if they have a valid prescription or license to smoke marijuana or CBD oil in their home state, they may legally transport their medicine to another state. This is not true and could land you in hot water in both federal and state court. Just like handgun license reciprocity, you must follow the laws of the state you find yourself in. This means if marijuana or CBD oil is illegal in the state you’re visiting, you could find yourself locked in a jail cell for merely possessing either substance. That’s why we recommend the best practice when considering whether to try CBD oil is to do your homework and research the laws of your state before obtaining CBD oil.

To find out how your state’s laws affect your gun rights when it comes to CBD oil, call U.S. LawShield and ask to speak to your Independent Program Attorney.

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Comment section

26 comments on “3 Highly Illegal Mistakes Waiting to Happen: CBD Oil and Guns

  1. CBD and THC come from the same plant. Since I carry federal credentials, I’m prohibited to have a medical marijuana card or use anything derived from the marijuana plant.

  2. Hi,

    I love your writing on “3 HIGHLY ILLEGAL MISTAKES WAITING TO HAPPEN: CBD OIL AND GUNS”. Your post is very much helpful and informative. Keep up the good work and present us your best.


  3. Excellent article. Would have never considered the risks before reading this. Keeping this as a hard copy for the constant reminder. Thanks

  4. While hemp-based cannabidiol (CBD) has been removed from the Controlled Substances Act schedule I, tetrahydrocannabinol (THC), the psychoactive component found in all cannabis, has not. THC itself remains unlawful under federal law in any amount with a single exception – an FDA approved prescription drug used to treat epilepsy.
    The Gun Control Act of 1968 says that no one may sell a firearm or ammunition to anyone who they reasonably believe to be in unlawful possession of a controlled substance. It doesn’t matter if it is schedule I, II, III, IV, or V; doesn’t matter how much of it the person has; and, doesn’t matter if the State you live in has legalized it. Further, the GCA prohibits ownership of firearms and ammunition by anyone unlawfully possessing a controlled substance as well. The 2018 Farm Bill that so many people are relying on to justify the legality of CBD products did not change anything in the Gun Control Act, so even trace amounts of THC triggers the prohibited person status under the GCA.
    Laws are always changing and this one may as well. For now this is how it is.

  5. What about non-thc cbd oil?

  6. Please show facts next time you try fear mongering. Hemp containing 0.3% or less THC is 100% FEDERALLY LEGAL to purchase and consume as a adult it is NOT considered a medication and it is NOT MARIJUANA. It’s extremely unlikely that a legitimate product PACKAGED correctly will get you in a bind with law enforcement. If it does you have every right to sue the city/county/state (if your STATE allows the specific product).

    Now that being said, being completely inebriated by CBD products or actively smoking CBD while in public or driving and in possession of a firearm will be a situation you’re not going to like and will possibly need a lawyer. It’s better to view it as alcohol, use it RESPONSIBLY!

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