So what’s the problem? Sellers of CBD products can still end up being charged with drug distribution and other criminal offenses simply because of a lack of clarity in the law.
While CBD products have cropped up everywhere, it’s still against federal law to put CBD in food. It’s also illegal to claim that CBD products have health benefits of any kind — despite all of the evidence otherwise. Plus, the state’s laws only exempt industrial hemp products from its list of controlled substances — and CBD can be sourced from either hemp or marijuana.
Thanks to a farm bill passed in 2018 by Congress , hemp products were carved apart from regular marijuana, which meant that CBD products with less than 0.3% THC are no longer considered a controlled substance. A similar law was passed in 2018 that exempted industrial hemp from Missouri’s definition of marijuana.
Experts recommend that sellers be very cautious about their CBD products. The lack of clarity in the laws and the unwillingness of federal authorities to regulate the industry, combined with CBD’s rising popularity, has created a free-for-all in the market. There are a lot of unscrupulous suppliers out there who aren’t really invested in quality control of their products. A product on your store’s shelves could be labeled in a way that violates federal law (by saying that it can treat a medical condition) or it could contain more than 0.3% THC. (When researchers tested CBD products sold online, 43% of samples had more THC than it stated on their labels.)
Cannabidiol (CBD) products are often thought of as marijuana’s “kinder, gentler” cousins. Lacking the psychoactive high that comes along with the tetrahydrocannabinol (THC) found in marijuana, CBD products won’t get you high — but they are being used to treat everything from epilepsy to chronic pain.
If you’re charged with a drug crime (or several) related to CBD products , take immediate action to protect your rights and your future.
On Nov. 6, 2018, Missouri voters approved Amendment 2, a ballot initiative to legalize medical marijuana use as recommended by state-licensed physicians and create regulations for licensing and certification. Amendment 2, the Medical Marijuana and Veteran Health-care Service Initiative, went into effect in December 2018.
The law does not distinguish between marijuana and concentrates. Possession of 10 grams or less, or possession of paraphernalia like a dab rig, is a class D misdemeanor punishable by a $500 fine for anyone who doesn’t have a medical marijuana card.
Where is it safe to consume cannabis in Missouri?
Patients can purchase up to 4 ounces (113 grams) of dried, unprocessed marijuana or its equivalent in a 30-day period. A patient may be able to get approval for more if two independent physicians agree to a specific amount. According to state guidelines, 3.5 grams of unprocessed marijuana is the equivalent of 1 gram of concentrate or 100 milligrams of a THC-infused product.
Also in 2014, SB 491 made the possession of 10 grams or less of marijuana a misdemeanor punishable by a fine for first-time offenders. Possession of greater quantities is considered a felony.
Medical marijuana is legal for patients with a qualifying condition. Patients must register with the state to obtain an ID card .
The federal legislation thus still highly regulates the production and sale of hemp, and its cannabinoids, including CBD. The Farm Bill also provides that states may regulate and even prohibit CBD cultivation and commerce. In addition, states may attempt to regulate CBD food, beverage, dietary supplement, and cosmetic products, independently of the FDA finalizing its views on such products.
For now, Missouri’s MHERP program remains in effect. At the same time, shops selling CBD products, including CBD oil, continue popping up all over the state without regard for MHERP requirements, and the majority of them operate without running into any legal problems.
One of the most important things to pay attention to is whether a CBD product is full-spectrum, broad-spectrum, or isolate.
Finally, CBD isolate is a product that has gone through more intensive processing to remove everything except for CBD. Consuming isolate may produce different effects than full or broad-spectrum CBD, as these products do not produce the entourage effect.
The 2018 Farm Bill granted the U.S. Food and Drug Administration (FDA) the authority to regulate CBD’s labeling, therapeutic claims, and its use as a food additive. Photo by: Gina Coleman/Weedmaps