The Legality of CBD
You may have seen a recent news article regarding a woman who was arrested at Disney World for having CBD in her purse. This has reignited the whole debate about CBD Legality. Because of hemp’s close relationship to marijuana (a somewhat undeserved relationship), many people believe that CBD is or should be illegal in their state.
There was some misinformation flying around about the woman we mentioned, so let’s just clear that up right now. The woman was arrested and released on a $2,000 bond after being detained for twelve hours. The charges brought against her were eventually dropped by the county sheriff’s office, and she is a free woman as of today.
Before we get into this, we’d like to say two things:
- The information here was conducted by independent research and should not be relied upon 100%. We are not attorneys or legal professionals, and you should not use this article to inform your behavior, decisions, or purchases.
- In our opinion, the state of Florida has stupid rules… believe us. We’ll prove it in this article.
CBD Legality | Why Did That Woman Get Arrested?
The short answer is because Florida has stupid rules. Want us to prove it now? Okay. Here are some facts about CBD in the State of Florida:
- Possession of CBD is a felony
- Possession of a small amount of marijuana is a misdemeanor
- CBD is sold in stores all over Florida
- Despite the felony status of CBD, the woman in question was released and all charges were dropped
- Florida authorities have been quoted as saying their focus is not marijuana or CBD, but instead to get “deadly drugs, like heroin and fentanyl, off the streets.”
If you didn’t think Florida’s laws were stupid before, you probably do now. Not only is CBD possession a felony, but stores currently sell it, and police don’t care about it… unless you’re at Disney World apparently.
Is CBD Legal?
CBD has grown so much in popularity that it seems laws have not kept up with it. Old laws remain and have yet to be updated. Nowhere is that more prevalent than in Florida. There’s really no easy answer to the question. Some CBD is fully legalized in many states, but in others you need a medical reason to have certain types of CBD.
Due to the recent Agricultural Improvement Act, hemp is no longer classified as a drug. What does that mean? In most states, CBD extracted from hemp is perfectly legal. CBD extracted from marijuana on the other hand may not be legal since cannabis is still classified as a schedule I drug in many states.
Here’s the rub, law enforcement has no way to determine if your CBD was extracted from hemp or marijuana. That leaves it all in a very gray area.
The question still remains, what is the legality of CBD. The short answer is that in most states, CBD extracted from hemp is perfectly fine. If your state allows recreational marijuana use, all CBD is fine. For states where marijuana is only medicinally legal, CBD extracted from marijuana could still be illegal.
When it comes down to it, the best way to find out if and what type of CBD is legal in your state is to ask a local attorney. You can also contact your local congress person to lobby for CBD legality if you’re not satisfied with the laws in your sate.