Outside of those four states, consumers must put their trust in the manufacturer. Sometimes that’s warranted, and sometimes it’s not. In 2016 and 2016, the FDA ran tests on several CBD products and found that many of the products had far less CBD than advertised, and in some cases none at all. You can find those test results here for 2015, and here for 2016. (These FDA tests were done as a one-off project. CBD products are not approved by the FDA for the prevention, mitigation, or treatment of any disease or condition.)
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In Georgia, for example, the legislature passed a law in 2015 that made legal possession of up to 20 ounces of CBD for patients with qualifying conditions like seizure disorders and multiple sclerosis. The law does not, however, set up any supply infrastructure—there are no licensed dispensaries or producers. Recently, the Georgia legislature passed a compromise law that includes Alzheimer’s disease, AIDS, autism, epidermolysis bullosa, peripheral neuropathy, and Tourette’s syndrome in the list of diseases that can be treated by CBD—as long as that CBD oil has no more than 5 percent THC.
In 2017, state Governor Scott Walker signed and passed the 2017 Wisconsin Act 100. This law is described as a “pilot program to study growth, cultivation, and marketing of industrial hemp.” It allows the cultivation of “only industrial hemp of the species Cannabis sativa, with THC concentration of Non-Detectable.” Republican Representative Jesse Kremer sponsored the bill. He tweeted, “signing the bill will make Wisconsin a national and global leader in hemp production.” Wisconsin is joining over 30 other states across the country that are taking advantage of this new cash crop.
So. According to the Controlled Substance Act definition itself, certain parts of the cannabis plant are clearly illegal, while others fall into a grayer area. One of these – for the most part – is CBD extracted from the “legal” parts of the cannabis plant, and non-marijuana industrial hemp plants, which, as defined by Section 7606 of the Farm Bill are cannabis plants with less than 0.3 percent THC.
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