In practice, selling CBD seems to be legally riskier than possessing it. The DEA’s priority seems mostly to concern commercial violations; most cases involved smoke shops and non-cannabis vape stores selling CBD cartridges. In 2015, police seized CBD cartridges at a vape store near Milwaukee, but the store owners were never arrested or charged. (A 2014 law made it legal for patients to possess and use CBD oil in Wisconsin, but the law did not make it legal to sell.) That same year, police in central Florida arrested the owner of a local smoke shop chain for selling CBD products. 

Cannabidiol, or CBD for short, is a phyto-cannabinoid found in cannabis plants. However, it does not cause the same psychoactive effects as other naturally occurring cannabinoids (such as tetrahydrocannabinol, or THC). CBD induces feelings of sleepiness and tranquility, making it suitable for insomnia and other sleep disorders; CBD can be used to alleviate symptoms of epilepsy, diabetes, and anxiety disorders, as well. Legality is an issue for some; all 50 states have laws governing the sale, possession, and use of CBD, and they vary significantly (see the table below for a full analysis).

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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