Is CBD Legal In California

Millions of people have chosen to use Cannabidiol (CBD) products to treat many physical and mental issues. In some studies, CBD has been shown to beneficial for some conditions. CBD is derived from both marijuana and hemp plants. Hemp and marijuana are cousin plants, but they have their differences. Marijuana and hemp share the same cannabinoids but in different amounts.

Marijuana contains Cannabidiol, but in smaller amounts than hemp plants. It has much more tetrahydrocannabinol (THC), which causes intoxication. Hemp contains some THC but contains much more CBD than marijuana. Cannabidiol does not cause intoxication.

The 2018 Farm Farm Bill was passed because it was finally admitted that hemp plants did not contain enough THC to cause intoxication. Hemp was then removed from the Schedule I Controlled Substance list in the United States. This made it legal to grow hemp and produce and market hemp CBD products nationwide as long as they did not exceed 0.3% THC.

What Is CBD Used For?

Even though many studies on the benefits of CBD remain inconclusive, it hasn’t stopped people from trying it as a treatment for their ailments. Some studies have shown CBD to be effective in treating things like inflammation and pain. Those that have arthritis or other pain and inflammatory-causing conditions say CBD helps them. CBD is also used by many for anxiety, sleep disorders, and more.

Many people that deal with post-traumatic stress syndrome (PTSD) use CBD products to help alleviate anxiety. CBD is thought to produce calm and relaxation, which may help reduce anxiety. Those that have stressful jobs or deal with stressful life situations might benefit from using CBD.

CBD has also been shown effective in treating seizures in some forms of epilepsy. The medication Epidiolex is the only CBD-based drug the FDA has approved thus far. It is used to treat seizures in people one year of age and older that suffer from Lennox-Gastaut syndrome, Dravet syndrome, or tuberous complex.

Why Is CBD Sometimes Illegal

In 2018, the Farm bill was passed. It allowed people to grow hemp and buy and use hemp-based CBD products legally nationwide. However, marijuana and marijuana-based CBD products remain illegal on the federal level because of the high THC content that can make you high.

Even though marijuana-derived CBD is illegal federally, that does not mean that is the case in every state. So far, 11 US states have legalized marijuana for medicinal use and recreational use. You can also purchase and use marijuana-derived CBD products with a higher THC content than 0.3%.

Over 30 other US states have medical marijuana programs. To enroll in a medical marijuana program, you need a recommendation from a licensed physician that states your condition may be benefited by marijuana or marijuana-derived CBD. States vary in the types of conditions approved for marijuana treatment.

When approved for a MM program, you will get a state card or certificate that allows you to purchase your marijuana or marijuana-derived CBD products from a state dispensary. These are states where marijuana is still illegal. If caught in possession of marijuana or CBD products with more than 0.3% THC, you could face criminal charges.

As of now, 14 states have decriminalized marijuana. It is still illegal, but the penalties for possession have been reduced. There are limits set on how much marijuana or marijuana-based CBD products you can have and still stay out of serious trouble. Possessing small amounts of marijuana or CBD products with more than 0.3% THC could cost you a small fine with no jail time. In some states it is considered a civil penalty and will not go on your criminal record.

Marijuana laws are changing all of the time these days. More states are proposing legislation that could make recreational marijuana use legal eventually. So far, no legislation has passed that would make marijuana legal federally. Those that use marijuana for medicinal and recreational purposes are hoping that will change in the future.

Current CBD Laws In California

Marijuana was approved for medicinal use in California in 1996. Marijuana was first authorized for recreational use in California in 2018. This was after Proposition 64 was passed in 2016. Like marijuana in the neighboring state of Arizona, this law allowed anyone over 21 years of age to buy, possess, and use marijuana. In California, you may possess up to 28.5 grams of marijuana and a maximum of 8 grams of concentrate at a time. It can be used in a private residence or in an authorized establishment.

Both Hemp-derived and marijuana-derived CBD products are legal in California. However, the state laws surrounding marijuana sales, distribution, and trafficking are still in effect and are stricter than you might think. In 2009, cannabis smoke was listed in California as a carcinogen, but THC was not. On January 3, 2020, the state listed cannabis smoke and THC as reproductive toxins under Proposition 65. The law requires strict labeling of any products that may cause cancer, birth defects, or reproductive harm. These label requirements include CBD products that contain any amount of THC, even if they are derived from hemp.

With that said, it is still easy to acquire CBD products in California. Even though it is no longer necessary to enroll in California’s Medical Marijuana program to use CBD products or marijuana, many California residents still do. Medical marijuana patients in California are exempt from paying the high state sales and use taxes. Also, the amount of marijuana medical marijuana patients is more generous than for simple recreational use.

Medical marijuana patients have greater access to both products and dispensaries. Not all jurisdictions in California allow the operation of recreational cannabis dispensaries. California has 482 municipalities, and only 161 of them allow recreational storefronts or establishments to operate.

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Tiffany Corkern

Tiffany Corkern

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