Ministry of Hemp

Ministry of Hemp

America's leading advocate for hemp

Author: Kit O'Connell

Is It Legal To Buy And Use Hemp CBD Oil in the US? Can The DEA Ban CBD?

The Answer Is More Complex Than It Seems Is CBD oil legal in the US? Oddly, the answer seems to depend on who you ask. Despite the many benefits of…

Can the DEA ban CBD1

The Answer Is More Complex Than It Seems

Is CBD oil legal in the US? Oddly, the answer seems to depend on who you ask.

Despite the many benefits of CBD oil and a growing field of research showing both its safety and its efficacy, this popular hemp extract exists today in a confusing legal gray area.

The Drug Enforcement Agency insists that CBD oil is illegal at the federal level, while other legal experts and many vendors and producers of CBD oil think the DEA is overstepping its bounds and argue that hemp extracts are legal.

The good news is that individual consumers of CBD oil appear to be safe. There’s simply no indication that CBD-only extracts, which are made from agricultural hemp and do not cause a high like psychoactive cannabis, are being regularly targeted by anyone in law enforcement. This is especially true in states that have passed laws legalizing CBD.

We’re not lawyers, but we’ve studied the arguments of both sides, and done our best to summarize them in this article and propose what we think might happen next. While CBD’s defenders have a lot of legal ammunition on their side, ultimately whether CBD oil remains available in the future may depend on the actions of the federal government and the courts.

Congress legalized hemp growing & sales for research in 2014

Even though many states have begun to legalize psychoactive cannabis, on a federal level cannabis remains illegal. Despite the mountains of evidence that cannabis in all its forms has numerous benefits to humanity, under the rules of the Controlled Substances Act cannabis is a Schedule I substance, legally defined as a dangerous drug with no medical benefit whatsoever.

Agricultural hemp, the close, but non-psychoactive cousin of cannabis, was also illegal for decades in the United States, from shortly after the end of prohibition until the 21st-century, apart from a brief window when farmers were encouraged to grow hemp during WWII. That changed in 2014, when the annual Farm Bill included a provision allowing states with legal hemp laws on the books to begin licensing growers for research purposes. Crucially, the bill defined research broadly to even include market research, or sales of products based on hemp including CBD.


Farm Bill signed in 2014

President Obama signed the Farm Bill in 2014

Further, provisions of the 2015 and 2016 Congressional Appropriations Act forbade the U.S. government from using its funds to prosecute anyone involved in these pilot programs.

Into this new market came a number of successful hemp growers, especially in the Southeastern United States, where falling tobacco profits had left farmers eager for a new cash crop. While some CBD products are imported, many of the highest quality CBD-oil products originate with hemp grown in carefully controlled conditions here in the U.S. As word of CBD’s many benefits and few side effects spread, its popularity grew and so did sales of CBD products.

DEA creates CBD confusion after making Schedule I threat

On December 14, DEA added a notice to the Federal Register that began the process of classifying CBD as a Schedule I drug, alongside psychoactive cannabis. In the notice, the agency argued that CBD oil was already illegal, because all products still contain trace amounts of THC, the psychoactive, and illegal main active ingredient in cannabis, but this new classification would cover CBD-only products, too.

new dea rule on cbd

Federal Registrar segment on new DEA rule. 12/14/16.

Immediately, many headlines declared that it was all over for CBD in America. Leafly, a top cannabis news and information website, declared that the “New DEA Rule Says CBD Oil is Really, Truly, No-Joke Illegal.” But the hemp industry fired back, insisting that their products are protected by the 2014 Farm Bill and the subsequent Appropriations Acts.

John Ryan, founder of Ananda Hemp, which grows hundreds of acres of hemp in Kentucky and Tennessee, subsequently using it to produce CBD oil and other hemp products, strongly condemned the move.

“People need to understand that there are federal laws that the DEA cannot bypass,” Ryan told MintPress News. “If they do, they can expect legal challenges from the industry.”

Similarly, Robert Hoban, managing partner at the Denver-based Hoban Law Firm, told Fox 31 Denver that the DEA’s new classification was “an invalid rule” under the law. He continued:

At the end of the day, the DEA needs to sit down, read the Controlled Substances Act, read the farm bill and understand that what they’re saying has practical implications on commerce and on patients around this country. That’s not weight they should throw around so lightly.

Hemp food precedent shows DEA’s history of overreach

In 2001, the DEA attempted to ban the manufacture, sales or import of food and cosmetics made from agricultural hemp seeds produced overseas, using a similar argument that these products contained trace amounts of THC even though they didn’t make anyone high. In a pair of cases brought by the hemp industry, judges ruled “that the DEA had exceeded its authority and struck down the rules as void,” according to Rod Kight, a lawyer who is an expert on drug laws and an advocate for cannabis legalization.

On his blog Kight on Cannabis, Kight noted that now that hemp cultivation is legal in the U.S., the decisions made in these earlier cases apply “to domestically cultivated hemp and its products (such as extracts containing CBD) as well as imported hemp and its products.”

“In other words, marijuana extracts from non-psychoactive (industrial) hemp containing only trace amounts (or less) of naturally occurring THC is wholly legal,” he concluded.

A “clarification” of the new rule issued this month may be a sign that the DEA is backing down from some of its threats by acknowledging the limits of their authority:

By creating a new drug code for marijuana extract, the Final Rule divides into more descriptive pieces the materials, compounds, mixtures, and preparations that fall within the CSA [Controlled Substances Act] definition of marijuana. Both drug code 7360 (marijuana) and new drug code 7350 (marijuana extract) are limited to that which falls within the CSA definition of marijuana.

“It is the first time that the Federal government has explicitly stated that cannabinoids (aside from THC which is separately scheduled) are not in and of themselves illegal substances,” Kight noted in another blog entry.

Hope for CBD and hemp in an uncertain future

will hemp cbd oil continue be legal?

Based on our layman’s understanding of the law, if CBD extracts are truly free of THC, and made from agricultural hemp rather than psychoactive cannabis, they’re most likely legal and free from regulation under the Controlled Substances Act. We believe consumers should feel safe buying and using these products, although little is absolutely certain in the current political climate.

Jeff Sessions, the newly minted Attorney General of the United States, has repeatedly threatened to crack down on cannabis in states which have legalized its consumption. He has also spread misinformation about the supposed dangers of cannabis, when in reality this plant is extremely safe (apart from the risks to life and liberty posed by police under the war on drugs).

At the same time, with so many states passing laws to allow either recreational medical use of cannabis, the Justice Department could face an uphill battle if they want to turn the tide of the drug war away from legalization. Likewise, there seems to be ample state and federal laws to protect access to CBD oil for the foreseeable future, though the hemp industry could be forced to fight a potentially costly legal battle to defend itself.

While CBD extracts and CBD-based products may face legal threats in the future, at Ministry of Hemp we’re hopeful that good sense will eventually prevail. Until cannabis, hemp, and all their derivatives are completely legal, we can periodically expect to see this kind of government interference in our lives. However, with the popularity of cannabis legalization at an all-time high among both Republicans and Democrats, we think total legalization is only a matter of time.

 

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Science Explains Why CBD Oil Could Help Ease Your Chronic Pain

If you believe everything you read on the internet, CBD oil can cure almost any disease and replace every painkilling drug. Unfortunately, there’s just too much hype online. The good…

cbd for pain relief

If you believe everything you read on the internet, CBD oil can cure almost any disease and replace every painkilling drug. Unfortunately, there’s just too much hype online.

The good news is that, for conditions ranging from epilepsy to chronic pain, CBD oil is an extremely beneficial extract of the cannabis plant that, for some people, can indeed be life-changing.

Psychoactive cannabis, commonly known as marijuana, has been frequently used to relieve the suffering caused by everything from migraines to menstrual cramps. CBD oil has almost no THC, the main mind-altering chemical in cannabis, and therefore offers many of the same benefits without making users “high.”

Instead of giving you another sales pitch about the benefits of CBD, Ministry of Hemp wants to help you understand the facts and science behind the benefits — and the limitations — of this herbal extract. Starting with this article about chronic pain, we’ll be examining how CBD oil can benefit different health conditions over the next few months. Like our recent look at the side-effects of CBD, this report relies on looking at a variety of scientific research as well as anecdotal reports.

Chronic Pain and the Endocannabinoid System

For decades, research into cannabis and its many compounds was limited thanks to the war on drugs, but thanks to changing laws and legal CBD oil, scientists are finally beginning to understand how and why these substances can help with pain.

Cannabis tinctures were once available over the counter at almost any pharmacy and were frequently used for pain. However, until just a few decades ago, people incorrectly believed cannabis worked on the body like alcohol or opiate drugs like morphine.

How does the Endocannabinoid System work?

Human’s endocannabinoid system

Actually, special receptors found throughout our brains and nervous systems respond to naturally produced substances that are similar to cannabis, referred to by scientists as endogenous cannabinoids (endogenous means “originating within the body”). Although their behavior is a little different from psychoactive cannabis or CBD-only extract, both the body’s own chemicals and plant-based substances interact with these same receptors, known as the endocannabinoid system.

Scientists now understand that these endocannabinoids help regulate our bodies’ behavior in myriad ways, from motor function, to appetite, and the sensation of pain. And plant-based cannabinoids, also known as phytocannabinoids, seem to be capable of picking up the slack in some ways when our bodies aren’t producing enough to manage our pain.

CBD shows significant pain relief potential in scientific studies

Numerous scientific studies suggest CBD can help with many different forms of pain. In a Feb. 2003 study published in Clinical Rehabilitation, a team of researchers from Oxford examined the benefits of CBD, THC, and a combination of both in patients who suffered from “neurogenic” pain (meaning their pain originated in their nervous system).

Most of the 24 patients in the study suffered from multiple sclerosis, but others had pain from spinal cord injuries or limb amputation. The study’s subjects regularly took one or more of the substances, or a placebo, at home, for two weeks while periodically reporting into the clinic.

“Pain relief associated with both THC and CBD was significantly superior to placebo,” the researchers’ wrote. Not only did the patients experience significant relief, but in some cases other unpleasant symptoms like muscle spasms were also alleviated.
 

cbd could help with chronic pain

Another study, published in Oct. 2006 in Current Medical Research and Opinion, also supported the idea that cannabis extracts, including CBD, are especially effective in treating pain caused by multiple sclerosis. The authors looked at six different studies and found they consistently showed “Cannabinoids … are effective in treating neuropathic pain in MS.”

In March 2008, Ethan Budd Russo, a doctor in the Department of Pharmaceutical Sciences at the University of Montana, also found that CBD and cannabis in all forms offers significant benefits in the treatment of “difficult to manage pain.” Rudd’s report, another “meta-analysis” of multiple studies, is especially interesting because he reported that cannabis extracts can offer significant benefits not just when ingested orally, but also when applied topically to the skin. Many consumers have similarly reported receiving relief from topical forms of CBD oil and psychoactive cannabis.

CBD oil offers relief from menstrual cramps to migraines

To get a wider look at CBD’s potential benefits, we also searched a variety of anecdotal reports found in blogs and message boards.

Pamela Hadfield, a co-founder of the medical cannabis site HelloMD, reported in July 2015 that she “started using CBD to manage chronic pain caused by crazy, intense migraines.” While pharmaceutical drugs left her feeling mentally hazy, CBD seems to offer her immediate relief with few side effects.

Similarly, in a discussion last month on reddit, many redditors reported CBD quickly eases their menstrual cramps, though the dosage needed varies a great deal from person to person. The redditors also noticed that the quality of the CBD extract made a big difference in its effectiveness. The source and quality of CBD oil products is vitally important, as we reported in last July on Ministry of Hemp, so research all hemp products before you buy.

While many people with chronic pain benefit from CBD oil alone, others receive the most relief from a combination of CBD and THC, which unfortunately remains illegal in many parts of the U.S. For example, Donna Burch, the author of the Fed Up With Fatigue blog, suffers from fibromyalgia, a poorly understood condition that combines debilitating fatigue and insomnia with severe muscle cramps. Burch reported in Sept. 2015 that while CBD oil seemed to help her pain for a while, it became less effective over time.

She ultimately found the most relief from psychoactive cannabis after receiving a permit for legal medical use. In states with medical cannabis programs, many chronic pain patients like Burch seek out strains bred to contain high levels of CBD along with THC.

CBD Oil could be a safe option for pain management

Just as with most health conditions, people with chronic pain often find that a combination of approaches, from stretching to pharmaceutical drugs, offer the most relief. Our research shows that CBD oil can be an important part of a pain relief regimen.

Since CBD oil is legal in all states, and has few if any side effects, it’s worth finding out if it can help you too. CBD oil can be ingested as an extract, applied to the skin, or even inhaled with an e-cig, and it’s possible one form will benefit you more than another. As states continue to ease legal restrictions on cannabis use, we expect to see more and more people explore its painkilling potential.

We’ll continue to follow the latest research into the benefits of CBD oil for pain, and report them to you here on Ministry of Hemp. Let us know how you’re using CBD too, we’d love to hear your stories. Reach us at [email protected].

 

* This article is part 1 of our series of exploring the potential benefits of CBD oil. Read our other posts:

 

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What Are The Side Effects Of CBD Oil? Here’s What You Need To Know

With all the attention CBD has been getting, it’s easy to find information on all its benefits — but is there a downside? Does CBD have any side effects? Even…

With all the attention CBD has been getting, it’s easy to find information on all its benefits — but is there a downside? Does CBD have any side effects?

Even here at Ministry of Hemp, we’ve focused a lot on exploring the benefits of CBD oil and the endocannabinoid system over the past few months. Yet, so much has been written about how CBD is helping people that we wanted to take a look at its potential drawbacks too.

To create this article, we looked at both scientific research and anecdotal reports from CBD users. From our in-depth research, what we found suggests that the side effects of CBD oil are usually minor, and, for most people, the benefits far outweigh the rare reports of discomfort.

Does CBD have Side Effects?

Does CBD oil have side effects? If so, what are they?

It’s worth noting that even psychoactive cannabis — what’s often called marijuana — is also considered to be extremely safe, contrary to what the government wants us to believe . It’s so safe that it’s basically impossible for an adult human to ingest a fatal dose, although they can certainly make themselves feel very sick from eating or smoking too much. There’s every reason to believe that CBD extracts from hemp plants are as safe, or even safer, than psychoactive strains of cannabis.

Overall, what we’ve found shows that, just as with any health supplement, the quality and source of your CBD oil can make a big difference when it comes to side effects. In fact, many unpleasant experiences from CBD by consumers could be mainly due to impurities or poor quality CBD oil, as we’ll discuss later in this article.

What we’ve found shows that, just as with any health supplement, the quality and source of your CBD oil can make a big difference when it comes to side effects

The War on Drugs Hurts Cannabis & Hemp Research

Due to the the stigma associated with the war on drugs, free and open research into both hemp and its close relative, psychoactive cannabis, is only just beginning in many ways.

CBD side effects research

For example, the first study into the benefits of cannabis in veterans with otherwise untreatable post-traumatic stress disorder is beginning in 2017, but only after the researchers involved struggled through years of red tape and put their careers at risk in order to do promote the need for this vital research. Fortunately, their work, and that of others like them, have begun to peel back the bureaucracy preventing scientific research.

On the hemp side of the equation, the 2014 Farm Bill which legalized the growth and sales of agricultural hemp in the U.S., and the production of its derivatives like CBD oil, should help to open the way for research into the benefits and possibilities of hemp in all its forms. While we’ll summarize some of what we’ve found from our research into CBD side effects below, we expect to see a lot more research in this field in the years to come.

 

Want to learn more about CBD? Download a PDF version of ‘The Complete CBD Guide’

CBD Oil Studies Find Few Side Effects

Although the medical research is still in its preliminary stages, scientists have devoted considerable effort to proving that CBD oil is safe for human consumption.

A study published in 1986 in the International Journal of Neuroscience, examined the effects of CBD oil in 5 patients with dystonic movement disorders (muscle tremors and other forms of uncontrollable movements). CBD oil’s side effects “were mild and included hypotension [low blood pressure], dry mouth, psychomotor slowing [slowed thoughts or movements], lightheadedness, and sedation,” according to the study’s authors, Paul Consroe, Reuven Sandyk and Stuart R. Snider.

According to this study, CBD seemed to help people with their dystonia, but might have made some symptoms of Parkinson’s Disease (found in 2 of the study’s subjects) a little bit worse. However, other, more recent research has found that CBD can benefit Parkinson’s patients.

One study of 8 healthy volunteers and 15 patients with epilepsy, published in 1980 in Pharmacology, looked at the side-effects of CBD when consumed daily for a month. “All patients and volunteers tolerated CBD very well and no signs of toxicity or serious side effects were detected on examination,” wrote the researchers, who also found that CBD can help some people with epilepsy.

Consuming higher dosage of CBD caused no toxicity

In 2006, a group of researchers studying the potential benefits of CBD in treating psychosis and anxiety, looked at several studies of CBD oil’s safety and summarized their findings in a paper published by the Brazilian Journal of Medical and Biological Research. Noting that CBD safety was first proven through animal research, the scientists added:

“Acute CBD administration by the oral, inhalatory or intravenous route did not induce any significant toxic effect in humans. In addition, chronic administration of CBD for 30 days to healthy volunteers, at daily doses ranging from 10 to 400 mg, failed to induce any significant alteration in neurological, psychiatric or clinical exams. Finally, in patients suffering from Huntington’s disease, daily doses of CBD (700 mg) for 6 weeks did not induce any toxicity. Therefore, confirming results from animal studies, the available clinical data suggest that CBD can be safely administered over a wide dose range.

A 2007 study published in Phytomedicine found that CBD, along with other similar substances including THC (the main active ingredient in psychoactive cannabis), have potential as an anticoagulant, so people with who have diseases like hemophilia that cause problems with blood clotting should use extra caution with these substances.

An Anecdotal look at CBD Oil side effects show quality matters

Of course, since many of these studies have small sample sizes, and every person reacts a little bit differently to any substance, we looked at CBD oil users’ anecdotal reports, posted on popular online communities and forums, such as Reddit and sites that sell CBD products.

A handful of very sensitive people who use CBD oil report feeling mild mood and mind-altering effects, similar to a low dose of psychoactive cannabis, but these effects appear to be rare. Some people also reported mild digestive upset, including diarrhea, from ingesting CBD oil.

“Others have suggested the problem was actually the purity of the CBD extract.”

According to one post on Reddit, some people get headaches from using CBD oil, which is a bit unusual since CBD can also sometimes be used to treat migraines. However, other Redditors have suggested the problem was actually the purity of the CBD extract.

“I have just recently started taking CBD for headaches, and after three weeks of getting a worse headaches, I finally figured out that my CBD oil was cheap crap — and that a LOT of it is,” a Redditor named Pellquin wrote last year.

When it comes to CBD, Purity & Source Matters


CBD Oil Side Effects

Pellquin had it right: unfortunately, there’s a lot of poor quality CBD oil from unreliable brands. The CBD oil market is still in its infancy, and it can be challenging for consumers to educate themselves except through expensive trial and error. When Ministry of Hemp investigated CBD oil purity and safety in November, we found a host of potential problems.

CBD oil is a poorly regulated market and most products are imported from overseas. Since hemp absorbs chemicals from the ground, including lead and mercury, growing conditions can make a big difference. Labelling of CBD products is also often inconsistent and unclear, making it confusing for CBD consumers to know what they’re buying.

When we interviewed Carlos Frias, founder of Green Lotus and a cannabis industry expert, he gave us three pieces of advice for buying CBD oil:

  • Always ask for third party lab results when buying CBD oil
  • Pay close attention to product labeling
  • Don’t hesitate to ask a more knowledgeable expert for help.

CBD is Safe, But Research Before You Buy & Use

Overall, we found that scientists and doctors consider CBD oil to be safe for most people to use, and there are few, if any, serious side effects.

While everyone has their own unique body chemistry, it seems like the vast majority of people can ingest CBD oil without ever feeling any unpleasant side effects at all, and the remaining few will mostly likely experience only minor symptoms like stomach upset or dry mouth. Since scientists are using pure extracts from known sources, it’s likely that some consumer reports of headaches or other minor adverse reactions could be due to impurities in inferior CBD products.

As always, you should closely research the products you buy, and consult with a medical expert if you have any doubt about the best or safest way to use CBD oil.

 

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