CBD use for food – regardless of how much psychoactive THC it contains – is not allowed.
Still, businesses eyeing the Southern California CBD market should discuss their plans with a Los Angeles CBD business attorney who can outline whatever concerns and contingencies persist. These include (but aren’t necessarily limited to) realities like:
Those in strict compliance with state medical marijuana laws are shielded from federal criminal prosecution under the Rohrabacher-Blumenauer Amendment (formerly known as the Rohrabacher-Farr Amendment). That measure blocks the U.S. Justice Department from spending any money to interfere with state-legal marijuana programs (at first it was only medical marijuana, but has since extended to recreational too).
Congressional approval of the December 2018 Farm Bill helped strengthen the legal argument for California businesses selling CBD and hemp products. That measure removed CBD, industrial hemp and all derivatives of cannabis with less than 0.3 percent THC from the U.S. Controlled Substances Act. That opens the door to a myriad of possibilities for sales of legal CBD and hemp.
Southern California businesses with questions on CBD production and sale can direct them to our knowledgeable cannabis attorneys serving Los Angeles and Orange County.
Hemp, CBD and derivative products of both have existed in something of a legal gray area on the California cannabis market. Their availability in an array of forms has been noted to varying degrees across the state. This was true even when California only allowed medicinal cannabis production and sales, but it remains true even now that recreational sales are legal.
A few months prior to the Farm Bill, The U.S. Drug Enforcement Administration (DEA) removed CBD products with less than 0.01 percent THC from the Schedule I narcotic list (reserved for the most dangerous, addictive drugs), moving it instead to the lowest level Schedule V classification, reserved for drugs with low abuse potential and that contain limited narcotics. (To offer some perspective: That’s the same category with Robitussin AC). CBD products were finally legal for sale through a pharmacy with a prescription from a doctor, so long as the product prescribed has been approved by the FDA.
Federal Developments on Hemp and CBD Production and Sales
The 2018 Farm Bill just took it a bit farther by de-scheduling CBD altogether.
Our team is made up of top cannabis lawyers who do not take themselves too seriously. We take pride in our commitment to our clients and our deep understanding of how the CBD, hemp, and legal marijuana industry works. Our attorneys are extremely knowledgeable and approachable. From business law and cannabis banking to intellectual property law and civil litigation, they cover a range of expertise and are ready for any challenge you throw our way.
Gleam Law is founded on the belief that good ideas are worth protecting. With the unprecedented growth of the cannabis industry, taking the steps to protect your legal marijuana, CBD and hemp businesses has never been more important. We want to see this industry thrive. And just like any other business, you will need legal help. Fortunately, our cannabis law firm serves clients throughout the country with offices in California, Washington and Oregon.
We are not a big firm with a cannabis practice. We are a full-service cannabis law firm, and that is the Gleam Law difference. We offer a wide array of cannabis-related legal services, including licensing, litigation and intellectual property. No matter where you are, our lawyers in Oregon, Washington, and California are here for you.