Indiana has uniquely positioned itself with some of the most robust regulations of hemp-derived CBD products. On March 21, , Senate Bill.  Additionally, in Indiana the Department of Child Services threatened to remove The case, Hemp Industries Association, et al. v. According to a CNN article, only thirty-one percent of products tested contained that labeling is accurate and that the products sold contain the amount of CBD advertised. INDIANA — Stacey Freibert isn't one for flashy advertisements. but she considered it a niche item that only a handful of her customers wanted. Buy Now. A chemist labels a container of CBD extract while working in the.
CBD The of Unique Indiana Products: Labeling Case
CBD is found in varying levels in both plant varieties. The plant commonly referred to as marijuana contains higher amounts of THC tetrahydrocannabinol , the psychoactive compound responsible for getting you stoned. The difference between the CBD products sold at vape shops and those for sale at dispensaries stems from their source: CBD extracts available for commercial retail are derived from hemp, while those produced by state-licensed cultivators are extracted from marijuana. But no matter from where it's sourced, CBD is the same chemical compound—a fact that adds a layer of confusion and absurdity to its legal status.
There's not a top-down policy. The laws governing CBD start with the Controlled Substances Act of , which labeled all varieties of the cannabis plant, hemp included, a Schedule I drug—meaning it's illegal to grow or sell it and the federal government considers it to have no medicinal value whatsoever.
But a "hemp amendment " that was included in the farm bill—and championed by Republican Senate majority leader Mitch McConnell—changed those rules. Previously, hemp could be imported, but it couldn't be grown in the U. The amendment allowed states to create pilot programs to research and cultivate hemp, which the legislation defines as a cannabis plant containing 0. Marijuana plants grown today contain THC levels hovering around 20 percent.
The bill also allows for the marketing of hemp products. Although it's not currently permitted here, legislation is pending in Illinois to allow for the cultivation and sale of hemp. Hemp has long been grown for a variety of purposes: CBD as a favored hemp product is a more recent development. Over the past several years, as CBD started to gain a reputation for having a variety of therapeutic benefits, hemp producers began marketing and manufacturing CBD extracts.
Preliminary research and anecdotal evidence suggests CBD may carry valuable anti-inflammatory, antiseizure, and pain-relief properties, and may also be effective in treating substance abuse disorders, according to the National Institute on Drug Abuse. The legal picture became infinitely more complicated once states like Illinois began piloting medical marijuana programs and other states, including California, Colorado, and Washington, legalized recreational weed.
While marijuana remains a federally scheduled drug at the national level, its legal status actually depends on where you live. Revolution, like all state-licensed medical marijuana cultivators in Illinois, has been subjected to strict scrutiny since the state's Medical Cannabis Pilot Program took effect in Access to its products is restricted to medical marijuana cardholders, and access to those so-called "green cards" has been hard to come by—just about 16, state residents have obtained them since the launch of the program.
Meanwhile, retailers sell CBD products sourced from hemp to the general public with little fanfare and no state or federal oversight—with mixed benefit to the public. CBD Kratom owner David Palatnik operates out of two locations—his first shop in Bucktown and a recently opened second location in Andersonville. Palatnik says he first tried CBD as a sleep aid about two years ago after purchasing the extract from a smoke shop. He was inspired to open to his shop because he believed "CBD should not be sold in a smoke shop, but in a nicer shop that offers a lot more information about what CBD is and a lot more variety.
Warrender, who suffers from fibromyalgia, a condition that causes widespread muscle pain, says he tried CBD about a year ago and found it significantly relieved his discomfort.
The extract can be ingested as a tincture under the tongue or as a vaporizer liquid. But because sales of CBD in vape shops fall outside the bounds of the state's medical marijuana program, these products are unregulated. You might buy something labeled CBD, but "you might not be taking anything at all—you might be taking pure glycerin and flavor," Shroyer says. Of these, 18 tested positive for the presence of at least one cannabinoid compound.
But three contained less than 0. Palatnik says he purchases all of his CBD products prepackaged from companies based in states where hemp cultivation is legal, tries them himself before he sells them in his shop, and receives lab results from the companies he buys them from detailing each product's chemical composition. Warrender says his company sources "pure isolate"—a crystallized form of CBD—from "the largest hemp manufacturer in the world in Colorado" and then mixes the isolate with a base of vegetable glycerin to create his CBD liquids.
But Warrender declined to provide the name of the Colorado company he works with. He also acknowledges that the industry is "completely unregulated" and says he was compelled to get into the CBD business because other companies didn't include information about dosing or concentration levels on product packaging.
In the absence of a regulatory system, consumers are reliant on company claims and business owners like Palatnik and Warrender to gain any information about the CBD product they're buying. A push for regulations to ensure consumers are actually getting what's advertised on the packaging would be a worthy cause.
But given CBD's potential medical benefits and nonpsychoactive effect, there's little evidence to justify making it illegal or even just extremely hard to obtain. Tell that to the DEA. Last December the agency created a new drug classification for marijuana extracts that seemed to indicate that CBD, no matter its source, would be considered a Schedule I drug—in the same category as heroin—despite the provisions carved out for hemp production in the farm bill and despite the nascent evidence of CBD's potential medical benefits.
Barbara Carreno, a spokesperson for the agency, says the new classification was created as a "housekeeping" measure to better keep track of studies specifically around marijuana extracts. She says the agency has always and continues to view marijuana extracts as Schedule I substances, those "with no currently accepted medical use and a high potential for abuse. When asked if the agency considered CBD extracts derived from hemp to be a Schedule I substance, Carreno said it's impossible to extract CBD from hemp because hemp is considered to be the stalk of the marijuana plant, and CBD is found only in its leaves and flowers.
The DEA backtracked this claim in a recently released clarification acknowledging that you can indeed extract CBD from hemp, but it's just "not practical. Knight, the legal expert, disagrees. While its stalks are a poor source of the chemical compound, CBD may still be derived from them, he adds. But more importantly, he argues, the DEA's stance is illogical given there's nothing that could legally bar a manufacturer from producing CBD extract from any part of the hemp plant so long as they're abiding by state rules.
Whether or not the DEA recognizes the absurdity of its position, Knight says, the agency's hands are tied when it comes to prosecuting retailers or producers—in short, it can't. A congressional appropriations bill bars the use of federal funds to to prohibit the sale, transportation, or processing of hemp products "within or outside the state in which the industrial hemp is grown or cultivated.
Because of this, from a federal standpoint, the CBD products found in vape shops, like those sold by Warrender's company, and the CBD items for sale in Palatnik's store, "are completely legal," Knight says.
According to these arguments, there are three legal sources. On June 25, , the U. Epidiolex cannabidiol or CBD , an oral solution, was approved for the treatment of two rare and severe seizure disorders, Lennox—Gastaut syndrome and Dravet syndrome. This historic decision may have important consequences for multiple constituencies, including patients, consumers of over-the-counter OTC CBD products, healthcare providers, clinical researchers, industry stakeholders, and governmental agencies, including law enforcement.
Understanding the therapeutic potential of CBD has been thwarted to date by inconsistent and conflicting federal and state regulations dating back to the passage of the Controlled Substances Act CSA in Despite its rapidly growing popularity and use, the regulatory status of CBD in the United States is convoluted.
The source of CBD is critically important in determining its legal status. The most common source, botanically speaking, is the plant Cannabis sativa L. Cannabis , which encompasses both cannabis and hemp. From a regulatory standpoint, the difference between cannabis and hemp is the chemical composition, specifically as it relates to the concentration of delta-9 tetrahydrocannabinol THC , the primary intoxicating compound found in Cannabis.
By this classification, hemp is a chemovar of C. Hemp-derived and cannabis-derived CBD each has its own unique regulatory status and consequent legal implications.
As a compound extracted from cannabis, CBD is currently deemed a Schedule I controlled substance by both the FDA and the DEA pursuant to the CSA, which means that it has no currently accepted medical use, a lack of accepted safety for use under medical supervision, and a high potential for abuse.
CBD can also be extracted from hemp. Historically, hemp has been bred as an industrial crop to produce fabrics, rope, and other textiles from its long stalks. Industrial hemp is an exemption from the CSA definition of cannabis i.
For this reason, the clarification did not resolve the litigation. In May, , the court issued a ruling denying the plaintiffs' request to strike down the MER on procedural grounds and reiterated that the Farm Act preempts contrary provisions in the CSA.
Currently, domestically cultivated hemp is only federally lawful when cultivated under such a pilot program. In , 23, acres of hemp were cultivated across 19 states. As of this writing, 41 states have passed legislation to allow them to take advantage of hemp pilot programs under the Farm Bill. Hemp could be cultivated lawfully in all states, independent of a pilot program, if The Hemp Farming Act of , S.
Congress, as it is expected to do this year. The Hemp Bill has bipartisan support. In a February 6, , ruling, the court found that the DEA had exceeded its authority in enacting the rule and struck it down as void and unenforceable.
That distinction has never been addressed. Cases addressing hemp, which both preceded and succeeded this ruling, do not resolve the issue. In contrast, cannabis-derived CBD products can only be purchased by qualifying patients in states with medical cannabis laws 31 states, and the District of Columbia as of this writing or by customers in states with recreational cannabis laws 9 and the District of Columbia as of this writing.
This preclusion is not entirely novel. In a somewhat similar case, Biostratum, a pharmaceutical company, requested the FDA to take action against manufacturers of pyridoxamine-containing dietary supplements because Biostratum had submitted an IND application for pyridoxamine dihydrochloride.
Products containing pyridoxamine and being sold as dietary supplements are not currently permitted. There is another precedent that informs predictions of how the FDA might approach the sales and marketing of hemp-derived CBD products in the post-Epidiolex era. In April , Pharmanex, a dietary supplement manufacturer, was advised by the FDA that its mevinolin-containing dietary supplement, named Cholestin, was a drug, not a dietary supplement. Mevinolin, also known as monocalin K, is a constituent of red yeast rice and has been shown to lower elevated cholesterol levels.
The FDA concluded that Cholestin was manufactured to contain concentrations of lovastatin that exceeded traditional red yeast rice products, and the product was thus more similar to a drug than any red yeast rice product available OTC.
Many red yeast rice products remain on the market. In the Cholestin case, the FDA's argument hinged on the concentration of lovastatin in red yeast rice products exceeding some traditional standard. It is worth noting that the FDA is a public health agency with a myriad of competing priorities and a limited enforcement budget. When considering an enforcement action, the FDA weighs multiple factors, including benefits and harms. It is plausible that the FDA will choose not to exercise its enforcement options.
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Turnabouts on CBD policy: an emerging trend? under the state's pilot program will not be prosecuted for producing cannabidiol (CBD) oil. In fact, because Indiana's new law created much needed labeling Michigan is a strange case. It is only the very last sentence which brings the legal status of. What do a libel case against a Columbus television station and the legality of sales of so-called “hemp oil” products have in common? If and when the CBD products are allowed, the product only will be sold to patients who New labeling rules now in effect for all CBD oil sold in Indiana · CBD brands see. In contrast, cannabis-derived CBD products can only be purchased by qualifying definition” because of CBD's status as an investigational new drug (IND) under the In the Cholestin case, the FDA's argument hinged on the concentration of . Labeling accuracy of cannabidiol extracts sold online. JAMA.