Customers can find CBD products almost everywhere – in retail stores, online, and even at medical offices. CBD oil products come in a variety of formats, like liquids, pills, lotions, in beverages, tinctures, and almost any type of way to ingest or apply a product that you can think of. Those who promote and sell products claim, often without scientific justification, that CBD can cure everything from aches and pains to cancer, heart disease, and Alzheimer’s.
There is a lot of confusion about the legality of CBD products. The legality may differ depending on whether the focus is federal law or Tennessee state law. It can vary depending on whether the issue is possession of CBD products versus the manufacture and sale of the products.
The current CBD laws
The legality of CBD products is changing, which means the best course of action is to consult with an experienced Franklin criminal defense drug lawyer before you get involved with CBD products. If you’ve been arrested, then there may be legal defenses to help you gain an acquittal or a reduction in the charges.
The Hemp Farming Act of 2018 legalizes industrial hemp where the THC concentration is .3% or less. The Act removed hemp from the list of illegal controlled substances. The Act left it to the states to regulate the production of hemp products. CBD, formally called cannabinoid, can be derived from hemp. THC, on the other hand, is the psychoactive chemical that causes users to experience the sensation of being “high.”
According to American Marijuana, the sale and trafficking of marijuana (which contains high amounts of THC) are felonies. Tennessee has not legalized the recreational use of marijuana, which means that possession of marijuana is a misdemeanor or felony, depending on the amount and whether the charge is a person’s first offense. Medical marijuana in Tennessee may be legal if certain conditions are met – the marijuana is used to treat epilepsy or other seizure disorders. These sufferers can only use marijuana if the THC level is less than .9 percent. Memphis and Nashville, in 2016, did decriminalize minimal amounts of marijuana.
The sale and purchase of CBD oils and products may or may not be treated the same as marijuana, depending on the THC concentration. Anyone buying or using CBD oil should be able to verity from the seller the concentration level based on lab results. CBD products produced from marijuana are generally illegal due to the THC content.
CBD products produced from industrial hemp are still generally illegal to make, distribute, buy, sell, or possess. There is House legislation pending that may expand the medical uses of medical marijuana and CBD products.
While it may be illegal to buy or sell CBD oil products in Tennessee, it may be legal to order them online from a company that is based in another state – depending on the amount/percentage of THC that is used.
Many law-abiding citizens who are tempted to try CBD oil products for their pain and for a variety of health problems may find themselves charged with possession of illegal drugs. At the Law Offices of Adrian H. Altshuler & Associates, we fight to show that clients who used CBD products had legitimate legal reasons for using the drugs. We also challenge searches and seizures of CBD products. We assert your Constitutional rights. We work to obtain acquittals or plea bargains to less serious offenses. For help with any drug charge, call our lawyers at 615-977-9370 or fill out our contact form to make an appointment. We represent users, sellers, and makers of CBD products across Franklin, Columbia and Brentwood Tennessee.