Join Date: Oct 2008
Location: Ditchweed City
Originally Posted by ronbo51
The CBD we are going with IS derived from hemp, not flowers. Eastern Europe, organic certified, not Harlequin or Charlotte's Web or some other high CBD strain of pot.
I personally feel there is no doubt that CBD derived from hemp is legal in all states including South Carolina.
Maybe you define what hemp is and isn't solely to suit your purposes. We'd be better off arguing that CBD does not fit the definition of a drug in any schedule, and therefore should be exempt from drug control. The SC law doesn't change the fact that your CBD doesn't come from stems and seeds. What they really did was exempt cannabidiol in products where it's present in ppm quantity only. The language was obviously a compromise to make it look like the politicians were doing something - for the children.
That's a lot like the federal law that already exempts THC in the same situations, even though it was actually already exempt, being excluded from the definition of marijuana, and therefore unscheduled:
21 CFR 1308.35
Exemption of certain cannabis plant material, and products made therefrom, that contain tetrahydrocannabinols.
(a) Any processed plant material or animal feed mixture containing any amount of tetrahydrocannabinols (THC) that is both:
(1) Made from any portion of a plant of the genus Cannabis excluded from the definition of marijuana under the Act [i.e., the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination and
(2) Not used, or intended for use, for human consumption, has been exempted by the Administrator from the application of the Act and this chapter.
In Idaho, getting CBD into some form of specific exemption from the definition of marijuana was shot down on Monday, with law enforcement playing a key role.
But opponents of the bill brought out the big guns, figuratively, with Idaho police, sheriffs, prosecutors and Governor C.L. Butch Otter’s own drug czar pushing hard against SB 1146aa.
“Yes, this is heart wrenching. But I want to be clear: this is not hemp oil you can buy at the co-op. This is marijuana, a Schedule One drug and Idaho will be violating federal law if this passes,” said Elisha Figueroa, director of the Idaho Office of Drug Policy. “We have a very real criminal element in this state that is looking for a shield for their activity, and this law does just that.”
About four hours’ worth of combined Monday morning and afternoon testimony included concerns from representatives from the Idaho law enforcement and legal (prosecutors) communities alongside parents wanting the oil for their epilepsy-afflicted children. The panel deadlocked 8-8 on its vote.
The list of lawmakers voting against SB1146 included Reps. Ken Andrus, R-Lava Hot Springs, and Linden Bateman, R-Idaho Falls. Legislators voting in favor of the measure included Reps. Elaine Smith, D-Pocatello and Tom Loertscher, R-Iona.
Bunderson said she has researched and found a company in Colorado that would ship the oil. But some – including Idaho Office of Drug Police Director Elisha Figueroa – said the cannabidiol oil still is considered marijuana, and a Type 1 drug, under federal law.
“I want to be clear: we do not think these kids (epilepsy sufferers) or these families are going to abuse marijuana or become marijuana addicts,” Figueroa said. “I do not for one minute believe that they are going to become drug mules for drug traffickers. I think that these families have good intentions. Unfortunately, we have a very real criminal element in this state that would be looking for a shield to disguise their activity. And, this law will provide just that.”
Bottles could be disguised as cannabidiol oil by illicit users, then would have to be tested in an Idaho State Police lab to determine drug content, according to an ISP representative. Estimates of costs to update the ISP lab range from $600,000 to $1.2 million, said both Figueroa and the ISP representative.
“This is marijuana,” Figueroa said. “It’s a schedule 1 drug, and Idaho will be violating federal law if this law passes.”
Per federal law, the cannabidiol oil can’t legally be shipped to customers in Idaho, according to the bill’s sponsor, Sen. Curt McKenzie, R-Nampa, and others who testified.
In the clinical field, the practical application of these substances must be awaited with the usual necessary patience.
- Roger Adams
February 19, 1942