Immediate action needed to save CBD in North Carolina!
My home state, North Carolina, is poised to make a very bad decision for its residents. Senate Bill 124, “AN ACT TO REQUIRE RESIDUAL OIL FROM HEMP EXTRACT TO BE DISPOSED AT ESTABLISHED SPECIFIC SECURE COLLECTION BOXES MANAGED BY LAW ENFORCEMENT” (SB124), is aimed at eliminating hemp oil for law abiding citizens who need cannabidiol (CBD) but who do not have “intractable epilepsy”, the sole condition for which CBD may be used under the proposed law. Unfortunately, SB124 is a bi-partisan bill proposed with two Republican and two Democratic sponsors. It has been placed on the calendar for Tuesday, March 14, 2017 and may pass.
SB124’s method for eliminating hemp oil and CBD use is to require all residual oil from “hemp extract” to be disposed of at established secure collection boxes managed by law enforcement. Hemp Extract is defined as “an extract from a cannabis plant, or a mixture or preparation containing cannabis plant material, that has all of the following characteristics: (1) Is composed of less than nine-tenths of one percent (0.9%) tetrahydrocannabinol (THC) by weight; (2) Is composed of at least five percent (5%) cannabidiol by weight; and (3) Contains no other psychoactive substance.” By claiming that treating “intractable epilepsy” (along with some other requirements) is the only lawful reason for possessing or using CBD, SB124 seems to indicate that CBD is illegal in NC. It has actually never been made illegal, at least not through the usual channels.
As I have discussed in numerous other blog posts, CBD is legal or not based on its source. I have addressed the fact that NC’s current CBD law, like many other CBD-specific state laws, is toothless in this post. As my readers know, CBD is legal (or not) based on its source. The problem with SB124 is that clarifies NC’s position on CBD, while simultaneously muddying the water on when CBD (or hemp oil in general) is legal. Will CBD and hemp oil still be legal in NC if SB124 is passed? That’s a good question. Certainly, there are situations in which I would argue that hemp oil containing CBD is legal, such as when it is sourced from industrial hemp pursuant to a state’s industrial hemp pilot program or imported from abroad from lawfully cultivated non-psychoactive industrial hemp. However, the law in this area is already complicated and most people, including law enforcement, do not take the time to learn the fine distinctions separating legal from illegal hemp oil and CBD.
The fact the NC is attempting to outlaw hemp oil and CBD in the immediate wake of passing a comprehensive industrial hemp law is incomprehensible to me and many others in the industry. There’s an old saying, “Follow the money.” In this case, the “money” is almost certainly Big Pharma. GW Pharma, a British pharmaceutical company, is currently running test trials for the FDA on a CBD medication called Epidiolex. Bayer and Monsanto are attempting to push through a massive merger. Limiting the use of hemp oil and CBD is only helpful to these multinationals, not to small businesses and the individuals who use CBD and hemp oil to manage their health.
Contact your NC State Senator TODAY. Click HERE to locate your Senator’s contact information. Also, contact the Sponsors of SB124 and tell them what you think:
Don Davis (D) Dist. 5 (Sponsor)
Ralph Hise (R) Dist. 47 (Sponsor)
Joyce Waddell (D) Dist. 40 (Co-Sponsor)
Donald Rabin (R) Dist. 12 (Co-Sponsor)
Rod Kight is a lawyer based in Asheville, NC. He is licensed in North Carolina and Oregon and represents legal cannabis businesses. You can contact him by clicking here.
Posted: March 13, 2017
12 comments on “Immediate action needed to save CBD in North Carolina!”Add yours →
My 11 and half year old Chihuahua was diagnosed with cancer in December. She is also an amputee missing a back leg. I started her on CBD oil and is feeling good. She is acting like a dog half her age. Please do not take away her the only thing that is helping her.
I believe those we elect to office over reaches their authority when they chose policy over the will of the people. Natural health care is the choice of the people, whats so hard for you politicians to get it in your thick heads, the people’s voices will be heard and not dictated to by you, and your agenda ti force your views on us.We the people want it legalized to not only help those that need alternative medicine not the poison big pharmaceutical companies sells there concept to our politician’s like those who support this bill,The people will appeal this bill if it passes and those that pass it will be voted out come next election Sometimes i wonder where do these people come from thats in office with there heads in the sand.Help the people that you serve not you darn pockets.
As usual some real ass backward people running things..need to elect educated people ..
Wonder what the penalties will be for this blatantly unjust, inhumane policy. Why are you afraid to let us have CBD?? It has no psychoactive or any side effects. Are we really suppose to obey a bill drafted by pharmaceutical executives??
Pharmaceutical companies make money…with no hope of healing ….CBD does help. I have a friend with MS and another going through cancer for the 4th time. Please don’t take away their only hope.
Did this pass?
Unfortunately, it passed the NC Senate with 49 “yay” votes and one abstention. No “nay” votes were cast. We can only hope that the NC House will come to its senses.
What happened in the house?
Thanks for reading, Brandy. Nothing has happened in the House. Given the overwhelming support in the Senate Committee I don’t expect that the rider will have difficulty when it comes before the entire Congress.
Just stumbled on your blog and it makes me want to shake your hand and buy you a beer.
Thank you for calling attention to this. I really don’t understand the legislative attacks on CBD. It just doesn’t make any sense to me. To be honest, I don’t get the whole cannabis prohibition logic at all, but that’s a different story.
CBD has helped me get off opiates and treat my rheumatoid arthritis and fibromyalgia. I can play with my kids again, type on my books, and enjoy life without feeling lobotomized thanks to my meds the way I did on the pain killers doctors would prescribe.
Thanks for what you do.
Thank you, David. You must know I’m from Asheville, the official “Beer City USA”. I’m really glad to hear about your success with CBD. I, and many others, agree with you regarding CBD and cannabis prohibition. We just have to keep up the fight and continue to educate others about it. Best of luck to you.