The marijuana plant has multiple cannabinoids, two of which are well known: THC and CBD. THC is widely known for its psychoactive properties, or the ability to get someone high, while CBD has minimal or no psychoactive properties. Both of these cannabinoids have medical and therapeutic qualities, but CBD has recently been of greater interest due to its potential ability to treat seizures and brain injuries. The marketplace for CBD as a medicine has grown recently in California and elsewhere. If you are interested in providing CBD as part of your business, the Los Angeles medical marijuana lawyers at the Cannabis Law Group can advise you on potential federal and state legal concerns.Understanding CBD
CBD, like THC, is regulated under numerous California medical marijuana laws, including the Medical Marijuana Regulation and Safety Act (MMRSA), the Controlled Substance Act (CSA), the Medical Marijuana Program Act (MMPA), and the Compassionate Use Act (CUA). A business that is well-organized and abiding by all current state and local regulations may be able to cultivate, manufacture, and sell CBD products to patients locally. However, CBD's status under federal law, particularly for the purpose of a business' online presence, is less clear.
Federal law places marijuana in the category of Schedule I narcotics, which have no recognized medical benefit. Under 21 U.S.C. § 802(16), the mature stalks of the marijuana plant, its fiber, oil or cake made from its seeds, and other compounds involving the preparation of the mature stalks, except their resin, are not included in the definition of cannabis. The mature stalks are used to create hemp, which is not a prohibited substance under the Controlled Substances Act.
However, there is a limited amount of CBD in the mature stalks, and in order to become mature, the stalks must first go through a phase of immaturity during which they will contain levels of THC in violation of federal law. In the past, companies have traveled outside the United States to obtain the mature stalks, but due to the 2014 Farm Bill, they can now obtain industrial hemp in certain states. California has established a commercial industrial hemp program, which means that within California, it is possible to cultivate, manufacture, or possess CBD. However, since CBD is not legalized on a federal basis, it cannot be legally shipped through online sales to many other states.
Moreover, under the Federal Food, Drug and Cosmetic Act (FDCA), new drugs cannot be sold on the market without being tested first by the FDA, except when they are considered dietary supplements. However, the FDA considers CBD a new drug, not a dietary supplement. If your business is planning to produce CBD products for medical use, you should be aware of how you can effectively market them and where you can sell them, without making claims that run afoul of the FDCA. You may receive warning letters and threats of serious legal action from the FDA if you make written medical or therapeutic claims about your CBD products.Discuss Your Business Objectives with a Medical Marijuana Lawyer in Los Angeles
The status of CBD products nationwide is a gray area that should be navigated with the help of an experienced attorney. The Los Angeles medical marijuana attorneys at the Cannabis Law Group can advise you on the legal issues that surround the manufacture and sale of CBD in California. Our firm represents clients in many Southern California cities, including Moreno Valley, Indio, Corona, Laguna Niguel, Tustin, Newport Beach, Irvine, Anaheim, Long Beach, Woodland Hills, Van Nuys, Hollywood, Burbank, and Beverly Hills. Contact us online or call us at (714) 937-2050 to set up a consultation with a cannabis attorney.