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LATEST IN THE LAW
A Quick Guide to the CBD Laws in California
The CBD laws in California have recently been updated with some major changes. Although California was one of the first states that legalized the use of marijuana for medicinal purposes, the laws on CBD usage have always been quite unclear in the state. However, as the United States federal legislation has clarified their stance on CBD usage it has made it simpler for California residents to get CBD products that they need. Below is a quick guide to the CBD laws in California that can help you to understand how it may affect you as a consumer or as a business.
California’s CBD Laws
As per the California state laws, CBD was defined as a marijuana product until 2018. This made the use of CBD products legal only if they were sourced from state-sanctioned medical marijuana dispensaries. Although CBD laws were not strictly enforced, California residents had their reasons to be doubtful about the legality of cannabidiol in the state.
In November 2016, recreational marijuana was made legal statewide with Proposition 64. The law was put into effect only on January 2018 when the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) came to be. This made hemp-based and marijuana-based products legal throughout California for residents as well as visitors who are above 21 years of age.
Proposition 64, however, did not change the definition of CBD, and it is still considered a marijuana product in the state. But, this technicality should not be a cause for concern for those who are above 21 years of age or are a medical marijuana patient. However, California legislators are still not clear about whether CBD use is still considered legal if it is sold outside of a state-sanctioned recreational or medical marijuana dispensary. This laxity can be a cause of concern for businesses looking to enter the CBD industry. There are still debates going on to decide how CBD should be regulated in the state and it may take years to properly resolve the confusion.
It is interesting to see that despite all the bureaucratic complexities the growth of the California CBD market is still on the rise. However, businesses that want to manufacture and market CBD products in California are growing more and more impatient with the vague CBD laws in the state. At present, only state-sanctioned California companies are allowed to make and distribute THC marijuana extracts legally. However, these producers are not allowed to manufacture CBD products as per the state laws, as cannabidiol is derived from hemp and has virtually no THC content. Therefore, California residents who want to use a CBD product must buy it online or from another state.
Note that the recent changes to federal CBD law give state legislators the right to determine their own CBD policy. Many US states have used this right to set up comprehensive CBD laws, which will make sure that their residents can have safe access to all the CBD products they want. For instance, even Kansas has legalized CBD usage despite the fact that they consider marijuana use in the state fully illegal. The only condition in Kansas is that residents can only sell or possess CBD products that have less than 0.3% THC content. This is never a concern for CBD product manufacturers or users, as industrial hemp naturally contains less than 0.3% tetrahydrocannabinol or THC.
Other than Kansas, Texas, Georgia, Indiana, Kentucky, and Iowa have also made CBD use legal in the state. It is shocking to see that in California, where the use of THC and marijuana products is considered legal, there are no clear laws to govern the sale or possession of CBD. It seems like California is breeding needless confusion for residents who just want to use CBD products for its profound benefits. Not to mention how it is affecting local businesses that are looking to enter the hemp industry.
The good news is that CBD usage cannot be deemed illegal in California because the use or recreational and medical marijuana is legal in the state. The worrying thing is that there are no state-approved shops, which sell CBD products. Besides, buying CBD products from general market retailers in the state can be relatively confusing as well. The only way to buy and use cannabidiol products safely at this point in California seems to be purchasing the desired product online.
The recent changes to the legal status of CBD in the eyes of federal laws and the updated state laws look promising but it may take some time to clear the viewpoint of California legislators on CBD. Therefore, if you were looking to start a CBD business in California it may be wiser to consult a cannabis lawyer who is well versed with the applicable laws of the state so that he/she can guide you properly on how to proceed.
Contact the lawyers at Davidovich Stein Law Group today for a free consultation.
The CBD laws in California have recently been updated with some major changes. The laws on CBD usage have always been quite unclear in the state.