Hemp-Derived
CBD vs. Cannabis-Derived CBD
Tetrahydrocannabinol,
or THC, is a psychoactive found in cannabis, and it’s the chemical
that makes you high. Hemp is a variety
of the cannabis plant, and hemp-derived CBD oil is legal in all 50 states. That’s because it contains only
about 0.3 percent THC. Cannabis-derived
CBD oil, on the other hand, contains about 30 percent THC. Therefore, where
cannabis-derived CBD oil is legal depends on the state.
As of April
2019, cannabis and cannabis-derived CBD oil are legal in 10 states. These states include Massachusetts, Maine,
Vermont, Michigan, Nevada, Colorado, Oregon, California, Washington, and
Alaska. Cannabis and cannabis-derived
CBD oil are also legal in Washington D.C. The other states allow the oil for
medical use, have other restrictions or don’t allow it at all.
It’s important that you check the laws of your state so that you are
in legal compliance.
For
example, Idaho, one of the states where cannabis and cannabis-derived CBD oil
is entirely illegal, has some of the strictest marijuana laws in the
country. If you possess under three
ounces, you can receive a penalty of up to one year in jail, a fine of $1,000,
or both. For over three ounces you can
receive up to five years in prison and a fine of $10,000. Stiffer penalties exist for selling or
trafficking the drug. CBD oil is treated
the same as marijuana.
What About
Buying CBD Oil Online?
If you
purchase CBD oil online and have it shipped to you in a state where pot is
legal, such as Colorado, you’re in legal compliance. However, if you do it in a state where
marijuana is illegal, such as Idaho, you are not.
Keep in
mind that the CBD oil industry is not regulated. That means that you could be purchasing a
bottle that contains more cannabis oil than you believe, which can be a
significant factor if you are caught with the oil in a state where it is not
legal.
What Should
I Do If I’m Arrested for Marijuana Possession?
If you are
arrested for marijuana possession, it’s happening to you in a state
where you have been accused of breaking the state’s cannabis
laws. To improve your chances of
avoiding penalties or jail time, it’s essential for you to seek legal
counsel. If you can afford a defense
attorney, that is the direction you should go.
If you cannot afford a defense attorney, you may be able to find one who
will work for you pro bono. Otherwise,
the United States entitles you to the right to legal counsel either with a
court-appointed attorney or by paying your legal fees depending on the case.
As you can
see the question – Is CBD oil legal? – depends on the state
where you reside, and it is important for you to familiarize yourself with your
state’s cannabis laws. Some
people take their chances and use marijuana and cannabis-derived CBD oil, in
states where it is illegal, in the hopes that they don’t getcaught. For example, if you are in a car
accident, and your car is searched, if CBD oil is found in a state where it is
illegal, you can be charged with breaking cannabis laws. Therefore, it’s up to you to decide
if you want to roll the dice.
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