Cannabidiol – also known as CBD – products come in all forms: lotions, creams, beverages, foods, cosmetics, and other consumables and things that can be applied to your body. The products are being sold in retail stores, health stores, and online. And even though marijuana use is still illegal in Maryland (barring approved, prescribed medical use), CBD products derived from hemp are not. Therefore, it is perfectly to use CBD products in the state.

Why is CBD oil legal when marijuana use is not?

With the passage of the Farm Bill Act of 2018, hemp was removed from the Controlled Substances Act at the federal level. Hemp is one of two strains (the other is marijuana) from the cannabis plant. Marijuana has not been removed from the Controlled Substances Act. Each state has its own laws on the manufacture, distribution, sale, and possession of hemp based products. The Food and Drug Administration (FDA) also has the right to regulate most hemp-based products. Other federal and state regulations may also apply.

Not all hemp is protected in the Farm Bill Act. According to Brookings Institution, “Hemp cannot contain more than 0.3 percent of THC (the compound in the plant most commonly associated with getting a person high).” The Farm Bill of 2018 does not legalize cannabidiol (CBD) – “a non-intoxicating compound found in cannabis” – but as long as the hemp is produced in a manner consistent with the Farm Bill, associated federal regulations, associated state regulations, and by a licensed grower,” it is legal to produce, sell, and use. Everything else remains a Schedule I substance under federal law.

In 2016, Maryland House Bill 443, according to Cannabis Radar, allowed the “cultivation of industrial hemp throughout the state. And so, any CBD oil or its other derivative products that are extracted from industrial hemp should be legal according to Maryland law – if the products meet the federal law.

Making false claims about CBD products can lead to criminal charges

One area where producers and sellers of CBD-based products can get into trouble with local, state and federal agencies is how these products are promoted. With few exceptions, the FDA has not approved CBD-based products as drugs. Any claims that CBD lotions, creams, edibles, and other products can cure cancer, Alzheimer’s, or any other type of disease may lead to criminal and civil charges based on making false claims.

At Carey Law Office, our Bowie and Crofton criminal defense lawyers understand the state and federal laws that apply to potential drug charges. We fight to protect you when your Constitutional rights have been violated. We work aggressively to obtain dismissals, acquittals, or to negotiate plea agreements. For help with any drug-related charges, call us at 301-464-2500 or use our contact form to discuss your defense. We have offices in Bowie and Crofton.