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Alabama CBD Legal Guide: Cannabidiol State Regulations and Laws for AL, US

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CBD Oil Legality in Alabama

The 2018 Farm Bill has had significant ramifications on the CBD industry. Not only has the industry flourished, but states are coming out with their own laws concerning CBD possession and use. On a bad note though, most of the information out there is conflicting, which makes it difficult to determine whether purchase, possession, and use of CBD is legal in one’s state. Aside form the question of CBD’s legal status under federal law, here is the status of CBD in Alabama according to a public notice released by the Alabama Attorney General.

The General Information

On November 20, 2018, the State of Alabama Office of the Attorney General released a public notice and updated such notice on December 12, 2018. The public notice, entitled Guidance on Alabama Law Regarding the Possession, Use, and Sale, or Distribution of CBD (“Guidance”) provides clarity for the state’s residents.

The Guidance takes into account the U.S. Congress’s actions regarding cannabidiol that is derived from industrial hemp. Further, the it determines that the bill features provisions on the legalizing of industrial hemp beyond pilot programs identified by Congress in 2014. The notice continues that under the bill “CBD derived from industrial hemp, with a THC concentration of not more than .3% can be legally produced, sold, and possessed in the State of Alabama.”

However, the Guidance makes clear that under the bill, states are permitted to adopt laws “to restrict or regulate the production of industrial hemp. Furthermore, prescription drugs and other consumables containing CBD will continue to be regulated by the U.S. Food and Drug Administration.”

It seems that Alabama is doing just that – invoking its power under the bill to regulate CBD in the state.

Alabama’s Criminal Laws

The Guidance identifies several criminal laws that “might be helpful to the public” concerning the legality of cannabidiol (CBD). Here are the laws identified:

Alabama Crim. Code Section 13A-12-212, -13

Under this section, it is illegal to possess or receive a controlled (regulated) substance. As for section 213, marijuana possession is also illegal and punishable by a Class A misdemeanor when possessed for personal use. If possessed for non-personal use, it is punishable by a Class C felony.

Alabama Crim. Code Section 13A-12-211, -31

Under this section, it is illegal to sell, furnish, give away, deliver, or distribute a controlled substance, including marijuana. Those who violate this section can be punished by a Class B felony. It is also illegal, under section 231, to “traffic” (meaning, sell, manufacture, deliver, or bring into the state) any part of the cannabis (marijuana) plant in an amount that is greater than 2.2 pounds. Those who violate this section are subject to a mandatory prison term that can increase with the weight of the marijauan in question.

  • The notice also makes clear that “use of the term ‘marijuana’ or ‘cannabis’ in each of the crimes described above includes the marijuana extract cannabidiol, or CBD.”

Affirmative Defenses

Contrary to what some sources state, “Carly’s Law” and “Leni’s Law” are affirmative defenses and only for the “narrow class of individuals” accused of “selling or distributing marijuana, or trafficking in marijuana. Meaning, those who are accused of violating such laws can use these laws as a defense to their alleged violation.

Carly’s Law

According to the Guidance, the effect of Carly’s law, “is that an individual who has a debilitating epileptic condition and receives a prescription for CBD approved by the UAB Department of Neurology, who is then criminally prosecuted for unlawful possession of marijuana, may be excused for his or her otherwise unlawful conduct. The same would apply to possession of may be excused for his or her otherwise unlawful conduct. The same would apply to possession of CBD by the individual’s parent or caretaker.” The Guidance makes it explicitly clear: Carly’s law did not legalize the possession or use of CBD.

Leni’s Law

According to the Guidance, the effect of Leni’s Law “is that an individual who has a chronic or debilitating disease or medical condition that produces seizure, who is criminally prosecuted for unlawful possession of marijuana for personal use, may be excused for his or her otherwise unlawful conduct. The same would apply to possession of CBD by the individual’s parent or guardian.” Likewise, the Guidance makes it explicitly clear, Leni’s law did not legalize the possession or use of CBD.

The Guidance also explains that these laws “include a provision that, for an individual to successfully assert the affirmative defense, the THC level of the CBD must be ‘no more than 3$ relative to CBD according to the rules adopted by the Alabama Department of Forensic Sciences. To be clear, all CBD—whether above or below 3% THC—is illegal under Alabama law, except for the prescription drug Epidiolex.”

Alabama Department of Public Health Rule

The Guidance also discusses the Alabama Department of Public Health’s rule concerning medical use of FDA-approved drugs that contain CBD, such as Epidiolex. The Guidance explains that the FDA-approved drug can now be legally prescribed by a doctor for treatment of two forms of epilepsy, which are Lennox-Gastaut Syndrome and Dravet Syndrome. Although Carly’s Law and Leni’s Law are affirmative defenses, Epidiolex “will be regulated in the same way as any other prescription drug.”

Even though Epidiolex is regulated like other prescription drugs, the Guidance continues that “selling, delivering, or distributing CBD—other than the FDA-approved prescription drug Epidiolex—is illegal under Alabama law.

Final Points

Lastly, the Guidance also states that the public notice does not address federal law as it pertains to CBD, which is enforced by federal law enforcement agencies. However, it seems that given that the 2018 Farm Bill permits states to create their own laws and regulations, then if Alabama wants to make CBD illegal, —which it has—then it can do so.

Disclaimer: This is not legal advice or guidance. But simply general information. It is best to stay abreast of federal law and the law in one’s state and individuals are responsible for their own decisions concerning CBD.

Michael enjoys being a professional free lancer writer for the past handful of years who has a keen interest in health and wellness, and a personal liking of practicing nutritional hacks and habits. While he can go super-deep and break down everything from medical studies to legal literature, his well-versed style comes across in a clean, crisp, easy to digest manner. Lately, Mike has taking a liking to weeding out the bad actors in the natural product supplementation while giving unbias research and facts for all of those interested in living a higher quality of life.

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Full Spectrum CBD vs Cannabidiol Isolate: Learn The Differences

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Full Spectrum CBD vs Cannabidiol Isolate

CBD has become a go-to option for many men and women looking for a natural and potentially reliable solution for issues such as pain, anxiety, irritation, and the like. Before choosing a CBD product, it is important to understand the difference between the two of the most common-types of formulas, which are full-spectrum and isolate. Fortunately, this post is here to help.

Full-spectrum CBD features all of the naturally-occurring compounds in the marijuana plant. These compounds include cannabidiol, terpenes, fatty-acids, and tetrahydrocannabivarin. These substances work together to provide users with the soothing effects that they are hoping for. Further, studies show that the full-spectrum substance may be much more effective than isolate.

Isolate, on the other hand, is stripped of all of these important substances. The purified CBD can be effective, though, when it comes to treating a number of ailments. For example, isolate may be more beneficial than full-spectrum when one needs a particularly strong and potent formula that can be controlled for a particular dosage. Unlike full-spectrum formulas, isolate products test to be free from odor, flavor, and they are also cheaper as well.

Both products interact with one’s endocannabinoid system. Of course, the product that one chooses depends upon what one is looking for. Those who are interested in receiving all of the natural substances that occur in the hemp plant may want to opt for a full-spectrum formula. One the other hand, those who are interested in a formula that is been stripped of the naturally-occurring elements and that is free from flavor, taste, and smell, may want to opt for an isolate.

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When Will Whole Foods Health Store Sell Medical Marijuana Products?

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Whole Foods market is one of the most popular health food stores in the country. John Mackey, the company’s CEO, recently attended a conversation hosted by The Texas Tribune.

During the conversation, an audience member directed a question to Mackey and inquired whether the company would consider selling “alternative proteins,” as in, insects. Mackey answered in the affirmative and then, turned the conversation to marijuana.

He stated,

“If Cannabis is ever passed in Texas, chances are good that grocery stores will be selling that too.”

And,

“You just never know what happens over time with markets. They change and evolve.”

The conversation’s monitor then inquired which will come first, the insects or the brownies.

Mackey responded,

“Let’s see what happens with the market and the government regulation over time.”

It comes as no surprise that Mackey is open-minded concerning cannabis products being sold at Whole Foods. As early as 2013, he expressed support for the legalization of marijuana during an interview with Mother Jones.

As Mackey stated,

“I am pro-choice, favor legalizing gay marriages, protecting our environment, enforcing strict animal welfare protection laws (I’ve been an ethical vegan for 10 years), marijuana legalization, having a welfare safety net for our poorest or disabled citizens, and a radically reduced defense budget and military presence around the world.”

Whole Foods’s entrance into the cannabis market may be coming at a good time. Since the company had been acquired by Amazon in 2017, it hired a trend-spotter who made a prediction concerning the hottest trends for 2019. One of the hottest trends was hemp products. As the company discussed on its website, hemp hearts, seeds, oils, and the like are nothing new to those who love food and body-care products. However, now, there is a ignited interest in the other parts of the plant, which may provide a range of other benefits.

Although it may take some time and legislative changes before Whole Foods is comfortable selling marijuana products, the first step may be hemp-derived CBD products due to the passage of the 2018 Farm Bill. Further, this week, the Food and Drug Administration announce that it is planning on holding sessions as it concerns “alternative” pathways allowing for hemp-derived CBD products to be included in food product and supplements.

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CBD and Bipolar Disorder: Can Hemp Cannabidiol Treat This Health Condition?

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cbd and bipolar disorder

Bipolar disorder can affect anyone and although it mainly has genetic roots, sometimes factors such as environment, age, and other factors can cause its development. There has been a great deal of research lately concerning potential remedies for bipolar disorder. One particular focus is cannabis. Although the research seems to be conflicted in that some studies show that it may work better than traditional drugs for mania and depression, other studies show that it may cause an increase in depressive symptoms. There is also the issue of whether cannabis is addictive, as there are some studies that show that those with bipolar disorder are nearly seven times more likely to use marijuana illicitly.

There are those that are taking a different approach to cannabis and bipolar disorder. Rather than focus on the effects of cannabis, it may be better to delve deeper and into the type of chemical makeup and amount of cannabidiol.

Understanding THC and CBD

The two most prominent compounds in marijuana are cannabidiol (CBD) and tetrahydrocannabinol (THC).Though both of these substances impact the endocannabinoid system that is responsible for appetite, mood, memory, and sensation, their impact varies depending upon the amount of each compound in the cannabis. Further, dissimilar from CBD, THC is a psychoactive substance. Therefore, it promotes that high feeling.

On the other hand, CBD is a calming substance that may be able to alleviate pain, it could reduce anxiety, inflammation, and other issues. There are also some studies that suggest that the properties of CBD may mitigate THC’s psychoactive properties.

Full-Spectrum or Isolate CBD

Given the psychoactive effects that THC can cause, it may be best to use CBD. When choosing a CBD product, there are two main types – isolate and full-spectrum. Isolate is stripped from powerful and potent compounds, such as cannabinoids, fatty-acids and terpenes. These substances are responsible for promoting a range of benefits. On the other hand, isolate is free from such substances, but there are studies that suggest that it may be more potent. The decision is, of course, a personal one.

CBD and Bipolar Disordar Summary

Overall, CBD may have the potential to treat bipolar disorder. However, at this point, there is no conclusive evidence on the issue. There is also an open question as to whether CBD with THC or just CBD on its own may be best, or whether it is better to use a full-spectrum product or an isolate. These questions may take time and of course, research to answer. The best thing that users can do is to stay abreast of new information and CBD development.

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