Is CBD Oil Legal for Everyone in Illinois in 2019?

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Thanks to a new federal law that took effect in December 2018, hemp has been officially removed from the federal controlled substances list. This means that you no longer need to worry about being charged with illegal drug possession for using cannabidiol (CBD) oil made from hemp in Illinois nor in any other state in the US. Under both federal and Illinois state law, hemp is defined as a cannabis plant that contains cannabinoids such as cannabidiol (CBD) but no more than 0.3 percent THC, the psychoactive compound in marijuana.

However, CBD oil derived from marijuana plants with more than 0.3 percent THC is still classified as an illegal Schedule I drug under federal law. It is legally available in Illinois only to registered medical marijuana patients.

2018 Farm Bill Legalizes Commercial Hemp Production

The 2018 Farm Bill, signed into law on December 20, 2018, took hemp off the Schedule I controlled substances list and allowed hemp to be regulated by the US Department of Agriculture (USDA). Hemp can now be grown under an approved state program or a federal program yet to be developed by the USDA. This legislation, officially known as Public Law 115-334, the Agriculture Improvement Act of 2018, opens critical doors to interstate commerce and bank financing for hemp farmers—considerations that are not yet open to marijuana producers.

In fact, CBD oil made from hemp was already widely available throughout the US, but this change in federal law has lifted any remaining concerns for anyone wanting to use it. CBD oil is widely promoted as a remedy for inflammatory conditions such as inflammatory bowel syndrome, Crohn’s disease, and rheumatoid arthritis, as well as depression, anxiety, pain, and nausea.

2018 Illinois Industrial Hemp Act Supports CBD Oil Availability

In Illinois, the Industrial Hemp Act, 505 ILCS 89, went into effect August 26, 2018. This law legalized hemp cultivation under a license issued by the Illinois Department of Agriculture (IDOA) and authorized the IDOA to develop inspection and testing procedures to ensure that the hemp being grown does not exceed the lawful 0.3 percent THC level. These new federal and state laws are expected to dramatically expand US hemp production over the next few years.

DEA Makes One Form of CBD a Schedule V Controlled Substance

In September 2018, the US Drug Enforcement Administration (DEA) placed FDA-approved drugs containing cannabidiol (CBD) extracted from cannabis and no more than 0.1 percent THC on Schedule V of the Controlled Substances Act. A schedule V drug still requires a doctor’s prescription.

This is the first time any product derived from the marijuana plant has been taken off its current placement as a Schedule I drug. This does not mean, however, that all types of medical marijuana are now approved on a federal level. It does, however, signal the potential for other medications derived from the marijuana plant to be federally approved in the future.

For the time being, the only drug approved by the FDA that falls under this new DEA ruling must be manufactured outside the US. That drug, Epidiolex, is FDA-approved for the treatment of severe forms of epilepsy.

Contact an Experienced Joliet Marijuana Defense Attorney

If you have been arrested for marijuana possession or a related offense, such as driving under the influence of cannabis, talk to a knowledgeable Will County marijuana defense attorney as soon as possible. At the Law Offices of Jack L. Zaremba, we have helped many clients facing drug-related charges. Contact us at 815-740-4025; we respond to calls 24/7.