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A 69-year-old grandmother was arrested on April 15, 2019 at Walt Disney World in Florida, when park authorities found a small bottle of cannabidiol (CBD) oil packed in her purse. It is unclear how authorities caught a tip about this, but once the bottle (or vial) was brought to light, she was arrested, according to a blog article on FindLaw.

Based on her testimony to officers, she was waiting for her medical marijuana card (MMC) which would make it legal for her to purchase and have CBD. Her doctor had instructed her to use it for her arthritis. That is in Florida, however.

California Status of Marijuana and CBD Oil

In California, the situation is somewhat different. Marijuana is now legal for both medicinal and recreational purposes in California, but not CBD oil. So, you cannot legally have it, buy it, or use it. Whether anyone will come up to you and enforce regulations on you, remains a grey area.

You can find CBD sellers in several places, but how can you be sure that it is regulated well enough to be safe?

Hemp-derived CBD oil does not contain any THC, although for it to be valid in California under the Sherman Act, there must some THC included so that CBD oil will fall under federal laws governing foods, drugs, cosmetics, medical devices, and more. This means that labels on products must accurately represent what is being sold, or face fines.

The Drug Enforcement Agency (DEA)

Yet, the federal Drug Enforcement Agency (DEA) has removed CBD products with less than 0.1 percent of THC, from its drug schedule. If you are feeling confused right now, then it is understandable, as most people are in the same boat. Some are just going with the flow of what works for them. If they get told to stop, they will. This applies to those selling it and those using it.

CBD Use

Cannabidiol (CBD) is currently used for medicinal purposes, as prescribed by a doctor to a marijuana card-carrying patient, such as in Florida. The benefits of using CBD is in reducing chronic pain, anxiety, seizures, to name a few ailments. CBD is something needed when the use of opioid prescription drugs has been reduced nationwide by the medical industry because of addiction problems.

California, currently, only allows legally registered providers to sell marijuana and citizens must know the rules about when and where to use it, and where and when you cannot have it on your person. You can find CBD sellers in several places, but how can you be sure that it is regulated well enough to be safe, despite what sellers say?

The Farm Bill

The latest version of the Farm Bill was passed in early December of 2018 and signed into law by President Donald Trump on December 20, 2018. Included in this are elements of the Hemp Farming Act of 2018, which removed some cannabis products off the Controlled Substances Act. The makes hemp a legal and desirable crop to grow, as it has many uses aside from its connection to CBD.

For now, the act of purchasing and using CBD is still very much undecided. Should you, however, be caught and charged with possession of CBD oil, call us at once for a consultation. We can help! 619-234-2300.

Author Photo

Kerry L. Armstrong

Attorney Kerry Armstrong opened up his law firm, the Law Offices of Kerry L. Armstrong, APLC, in June 2007. Prior to that, he was employed as the senior associate attorney for a large criminal defense firm in San Diego for nine years, eventually being placed in charge of that firm’s branch office in downtown San Diego. At one point, he was managing six attorneys at that firm, as well as several support staff and law clerks.

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