Posted on November 27, 2018

Cannabidiol, better known as CBD, has gained a tremendous amount of support for it’s safe, effective, and non-intoxicating medical benefits. This popularity has led many people to ask, “Why is CBD illegal if it’s non-psychoactive?”

The answer is actually quite simple. The DEA still classifies CBD as a Schedule 1 drug. This puts it in the same category as heroin, cocaine, etc... This scheduling makes it nearly impossible to conduct the medical studies needed to reschedule the drug and make it legal.

What is CBD?

CBD is one of the most well-known cannabinoids in the cannabis plant, right behind THC. It is capable of treating a plethora of different illnesses and symptoms, including and related to anxiety, depression, epilepsy, inflammation, pain, and more! Perhaps one of the biggest explanations for CBD’s rise to popularity is that it can treat these conditions, without getting you high.

While the CBD market has grown considerably in the last several years, many hemp-based CBD products that can be found in stores are technically still considered illegal in the eyes of the government. It's important to note that it is highly unlikely that these agencies would pursue individual consumers. They are much more interested in pursuing producers and retailers.

How did it Become Illegal?

CBD became illegal with the marijuana prohibition, back in the 1930’s. This prohibition, however, was built on a mountain of lies and misunderstanding.

During the Nixon presidency, politicians told all sorts of lies about the plant. This was an effort to gain support for the movement, by creating fear and misunderstanding. They also used it as a way to make it easier to arrest people of color and anti-war activists. One of Nixon’s top advisors, John Ehrlichman, said, “Did we know we were lying about the drugs? Of course we did.”

Why is CBD Illegal if it’s Non-Psychoactive?

The fears and misconceptions brought about during the Nixon era, are issues that we’re still dealing with today. The fact that CBD is still illegal is largely due to ignorance at the federal level. Many lawmakers still buy into the lies and misconceptions.

Another big part of the issue, is the cost and barriers that researchers have to deal with to even get the product to the FDA for approval. It’s a very long and very expensive road. Perhaps the most frustrating part about it, is the fact that we’re stuck in this vicious circle of the DEA saying it’s illegal, which creates barriers for researchers. The drug cannot be rescheduled without in-depth research proving it has medical potential, but because it’s illegal, the research can’t be done.

A shining light on this whole situation is the fact that one CBD-based medication, Epidiolex, used to treat Epilepsy, has passed FDA approval. CBD has been proven to offer medicinal benefits. This may force the DEA’s hand to reschedule the drug once and for all.

The takeaway? Keep the faith. It's only a matter of time before medical (and recreational) marijuana is available to every adult in the United States.

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Luckily for us, medical marijuana (including CBD) is legal in the state of Florida. If you’re a Florida resident and feel that you may be a good candidate for medical marijuana, call us at (844) 442-0362 or schedule your free consultation online, today.