The following is a video transcript.
CBD: Legal Smoking Oils?
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: Is CBD Legal Federally?
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.
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.
What if the CBD oil etc. Is tested through 3 different laboratories not associated with the company, to make sure that there is no THC . It’s pure and legal.
Never explain yourself, when asked the answer is “I don’t know, you’ll have to test it”.
Yes hemp is a member of the cannabidol family but there is a male plant (hemp no flowers) and a female plant (marjuana) which has flowers which contains the THC. You can purchase CBD Oil that has no THC (isolate) which will help with your endocanabinod system receptors found in everyone’s body.
Gov. Greg Abbott Signs Law Legalizing Hemp Production, CBD Products in Texas
The law, which received bipartisan support in the state legislature, goes into effect immediately.
June 12, 2019
Dallas Morning News
Distribution Grower/Agriculture News State by State: Texas
AUSTIN — Gov. Greg Abbott signed a new law Monday that clears up which CBD products are legal in Texas and will also allow local farmers to grow hemp as a crop.
The law, which received bipartisan support in the state Legislature, goes into effect immediately.
It will allow Texas to set up a federally approved program for farmers to grow hemp as an industrial crop, including procedures for sampling, inspection and testing. It also expands the kind of hemp products that can be legally purchased in Texas to include any hemp or hemp-derived products containing less than 0.3 percent of THC, or tetrahydrocannabinol, the psychoactive compound found in cannabis plants.
Damn ! I just spent a bunch of money on some for my arthritis.
Maudie L Wells, Cannabis and industrial hemp are different species of plant all together. Not male and female counterparts of the same plant. Cannabidol is not only not a word, it’s not a family to be a part of either. Please don’t speak on issues when you clearly have no clue what you are talking about.
Bryan Wilson, you may want to not comment on the subject either, since you are also incorrect. hemp and marijuana are both varieties of the Cannabis sativa plant.
Although they’re both part of the same species, the two are quite different.
Hemp contains significantly lower levels of the psychoactive compound tetrahydrocannabinol (THC) than marijuana and higher levels of the non-psychoactive compound cannabidiol (CBD).
Where marijuana can contain as high as 30% THC, industrial hemp typically contains only 0.3% THC or less.
What industrial hemp lacks in THC, however, it makes up for in CBD.
That’s why I wouldn’t touch the stuff with a 10 foot pole.
Many commenters aren’t listening. It is still a FEDERAL crime, so independent of what the state says, FEDERAL law enforcement can still nail you until FEDERAL law is changed.
The state of Missouri allow CBD oil, but it has no THC in it. Is that included? It’s totally void of any THC. It’s also great 4 body pains and aches and also for some skin eruptions. I’d like to know because we’re getting ready to take a vacation fairly soon.
I know it’s not the same but I bought some soap, that has hemp as an ingredient to wash my beard… am I in ANY danger of violating Any law anywhere?
As both a substance abuse counselor and firearm instructor in Oklahoma I can tell you that CBD oil has an accumulative effect in that you use it long enough you will test positive on a whiz quiz (drug test). Right now in oklahoma if you have a “medical” pot card you can’t get a carry license. Unfortunately come nov 1st the law changes. Pot heads, substance dependent, even gang members can legally carry.
Jim Ohren
I know several firearms trainers in Missouri who use CBD oil regularly to relieve anxiety, insomnia and mild to moderate chronic pain. You’re fine.
So throw in the Americans with Disabilities Act, and you have a potential for a discrimination law suite for denying a right due to medical treatment, which is recognized by peer reviewed journals. This really should be argued from the POV, SHALL NOT INFRINGE. All of these conditions and statements are BS, and is nothing more than an end run around the Constitution to ALLOW THE GOVERNMENT TO CONTROL WHO CAN OWN GUNS. AWAKE UP PEOPLE.
Yes, know your state laws. That said, the potential for problem here is the same was with any OTC medicine you buy at your local store. I appreciate the heads-up because CBD oil is new to many of us and need to consider the potential implications related to our 2A rights.
Call me Confused.
My understanding, as to the Feds, is that as long as it is equal to or less than .3% THC content, it is Federally Legal. But hey, if Congress did it’s job correctly we wouldn’t be having this conversation.
The problem is that there are currently no widely available tests that can distinguish between 0.3% THC and higher levels. So CBD comes back as a “positive” for marijuana. There several companies testing new products which claim to be able to do so. This will give law enforcement a tool, as with alcohol, to determine what the substance is, and the level of impairment.
If this was linked as CBD I wouldn’t have clicked on the article. Also thank you for addressing the federal law, but federal law also says it’s illegal to grow marijuana, and sell it. But states are actively engaging in the legal sales and taxation of recreational marijuana.
I think we can all assume that these laws will not be applied evenly, and that will only apply to legal gun owners, and criminals need not apply.
Thank you again for protecting gun owners and informing them of this new fad.
We truly do live in a clown world!
I drive a big truck, and therefore the DOT requires that we have random drug tests. We were warned that we would FAIL the DOT drug screen if any CBD oil was used within 30 days prior to a test.
The curmudgeon, not the case. As a probation officer we drug test on a regular basis and the drug tests do show the THC, levels.