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)
Posted: March 13, 2017