The conventional wisdom—and certainly the impression made by much media and advertising—is that CBD is legal pursuant to the federal Farm Bill enacted late last year. As is often the case, however, there are some devils in the details.
As demands mount for expungement of cannabis convictions in the 10 states that have legalized, as well as in Canada, the cumbersome bureaucracy of court systems is an obstacle. Now San Francisco has teamed with a software company to automate the process—a partnership that could serve as a model for other jurisdictions across North America.
With rival cannabis legalization bills now pending in Albany, New York state activists are demanding "Day One Equity"—legislation consciously crafted to correct the injustices of the War on Drugs. Advocates and politicians came together to give voice to this demand at a recent forum on Manhattan's Lower East Side.
Following the crackdown on CBD-infused foods and beverages by authorities in New York City and elsewhere, Capitol Hill lawmakers are formally calling upon the FDA to provide immediate clarity on the question. Meanwhile, New York, at least is starting to lift the pressure.
With Oregon's cannabis surplus so big that authorities estimate 70% of the state's output goes unsold, "craft" producers are calling for a novel solution—allowing export to other states that have legalized.
The cannabis market is flooded in the Beaver State, and that's a real problem for an industry that has seen explosive growth since Oregonians voted to legalize in 2014. But some say this provides an opportunity.
Among the current crowded field of Democratic hopefuls for the 2020 presidential race, at least a handful have progressive positions on cannabis. Among these, the most outspoken on the question has probably been Hawaii's Tulsi Gabbard—who, unfortunately, has deeply problematic stances on some other very critical issues.
A House bill to legalize cannabis, removing it from the Controlled Substances Act and treating it like alcohol, is wryly dubbed HR 420. It isn't the first such bill in Congress—but with the recent change in House leadership, this time it may actually stand a chance of passing.
The newly enacted Farm Bill contains language implicitly removing hemp-derived CBD from the controlled substances list, along with industrial hemp. A CBD industry that has been growing fast in a legal grey zone stands to grow faster in the light of legal clarity. Conflicting state laws and even federal regulations, however, could prove an obstacle to unfettered expansion.
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