How Certain is the Future of CBD?

How Certain is the Future of CBD?

Posted by Greg Spaniels on Aug 16th 2020

Pretty much since the marijuana was classified as a Schedule I substance, there’s been a strong undercurrent of support and activism aimed at changing minds and ultimately legalizing marijuana, at least for medical use.

That longstanding activism has begun to bear fruit in recent years, and at last count twenty-nine states, and the District of Columbia have passed legalization laws. Even better, another fourteen states are considering doing so.

Already then, we’re past the tipping point in the United States, and we’re poised to go well beyond that this year.This is not to say that there aren’t significant hurdles yet to be overcome – there are, and even when every state in the Union passes laws making the drug legal, there’s still the matter of finally getting it removed from the Schedule I list.

Marijuana then, and all the products related to it, including CBD-infused supplements for both human and pet consumption, exist for now in a murky gray area. While technically legal in a majority of states, the DEA could still go after people who buy, sell, and use any of these products.

The reason the Drug Enforcement Agency doesn’t do so in states that have made it legal is the fact that they know that any case they bring against a company or an individual residing in those places would immediately be sued by the states themselves, and a messy legal battle would ensue that would tie the case up in court for years, and by then, the law may have finally been changed at the Federal level anyway, so it’s just not worth the effort.

Muddying the waters further is the fact that although CBD-infused products are derived from hemp, it’s an even murkier, grayer area than marijuana itself.After all, hemp can be imported legally, and the laws on the books indicate that CBD products made from imported hemp are fine.

The DEA disagrees with that assessment, and based on their latest statements, they reserve the right to pursue charges against anyone who buys or sells CBD-infused products.

While it’s not impossible to imagine such a case being brought to court, it’s something we’re overwhelmingly unlikely to see for two reasons:

First, since CBD isn’t a psychoactive compound, no matter how much of it you take or give to your pet, you’re not going to get high.You’re not even going to get a mild buzz, and since you can’t get high from it, the DEA, which is already understaffed and underwhelmed, simply isn’t going to spend the time and resources needed to make a case against people who make or use CBD-related products.

Second, if such a case were brought in one of the states where medical marijuana is currently legal, it would suffer the same disadvantage that a case against a marijuana user would face in those states – an epic legal battle between the state and the Federal government would erupt, and it would spend years in appeals, to say nothing of the fact that most judges would look at the charges, understand that CBD isn’t psychoactive, and would probably laugh the case right out of his courtroom.

All that to say that while there is technically some tiny amount of risk involved, the long-term trend is clear.Support for medical marijuana is growing, and ultimately, it will be removed from the Schedule I list, which means all the products deriving from hemp are on safe and solid ground.

This is great news for people who use CBD-infused products themselves, or buy them to treat their pets. Be sure to check in with the most recent status of cannabis legalization in your area, and get involved by looking into how your local, state, and federal government is working towards legalizing and decriminalizing cannabis.