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Old 03-17-2015, 03:46 AM #11
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posted by: ronbo51
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We have found over 10 stores now selling CBD oil in SC. Advertising and everything, plus credit card handling, which as anyone in the biz knows is hard to get a POS system for cannabis as well as other sketchy businesses. SC passed a compassionate care act for CBD oil back last year but the literature on it made it sound like it was impossible to meet the standards, and now all these stores are selling CBD in SC. I'm excited. Thanks by the way so far for everyone's thoughts.

Wow!! That is great news!
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Old 03-17-2015, 01:44 PM #12
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Hey Nattygirl, I saw a link you posted for CBDGum on another thread after I started this one. Did you ever buy their products? We got a shipment yesterday and passed around a bunch of stuff to the warehouse gang at work. Everyone loved it. Overwhelmingly positive. Everyone said they were relaxed, focused. Very impressive. Now we wait for legal to give us the yea or nay. Hopeful and excited.
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Old 03-24-2015, 10:17 AM #13
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Originally Posted by VonBudí View Post
Hemp cbd products seems to be a magnet for sack of shit scammers.
This seems still to be a big problem in the US.

Quote:
Originally Posted by FDA
In late February 2015, FDA issued several warning letters to firms that market unapproved drugs for the diagnosis, cure, mitigation, treatment, or prevention of diseases. Some of these firms claim that their products contain cannabidiol (CBD). FDA has tested those products and, in some of them, did not detect any CBD. It is important to note that these products are not approved by FDA for the diagnosis, cure, mitigation, treatment, or prevention of any disease, and often they do not even contain the ingredients found on the label. Consumers should beware purchasing and using any such products.
https://www.fda.gov/newsevents/public.../ucm435591.htm

You can find the the links to the Warning Letters and the test results for the CBD-related products in the link!
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Old 03-29-2015, 08:59 AM #14
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The CARERS act bill introduced in Senate on Tuesday would move Cannabis from a schedule I to II and Cannabinol completely taken off the list!
https://www.huffingtonpost.com/adam-b...b_6890256.html

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Old 03-29-2015, 04:19 PM #15
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So, the last week or so has been exciting. The lawyers came back with some interesting thoughts. First there are zero cases in SC regarding CBD. CBD that contains less than .3% THC is not controlled. Since marijuana is tested using THC content, CBD containing less than the legal limit appears to be legal. There have been various laws passed in the last few years allowing hemp products to be legally sold. CBD falls under hemp products.
The FDA requires that like all diet supplements, CBD products cannot have health claims attached to them. Other than that it is pretty much the wild west as far as selling. The lawyer did mention the very real possibility that instead of criminal charges civil asset forfeiture could be attempted. He phrased it in terms of persecution vs prosecution. The lawyer contacted the head magistrate in our county to ask if she had anything regarding CBD on her radar. She said no, for what that's worth.

The company we are dealing with is in the US and sells CBD in crystal form as 99.9% pure. They have registered patents on their processes. They have the import licenses, TSA security stamps, FDA and DEA memos. We were given the MSDS sheets, the analysis from Oregon Analytics. The head of the company sat down with us for 3 hours answering questions, and toured our facility. Our in house chemist ran tests on samples, and sent out our samples to be independently tested. We are doing our due diligence.

We are going forward with more product development with the samples we purchased. Right now we intend to do vape liquid for ecigs, which we already make in quantity using nicotine. In addition we will do tincture. We have distributed our samples throughout the company and the response is the same for everyone who tries it: "We want more"
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Old 03-29-2015, 07:33 PM #16
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It would seem that what you have in mind is not what SC had in mind, and who told them that CBD comes from seeds and stalks?

https://www.scstatehouse.gov/sess120_...bills/1035.htm

SECTION 44-53-110. Definitions.

(27)(a) "Marijuana" means:

(i) all species or variety of the marijuana plant and all parts thereof whether growing or not;

(ii) the seeds of the marijuana plant;

(iii) the resin extracted from any part of the marijuana plant; or

(iv) every compound, manufacture, salt, derivative, mixture, or preparation of the marijuana plant, marijuana seeds, or marijuana resin.

(b) "Marijuana" does not mean:

(i) the mature stalks of the marijuana plant or fibers produced from these stalks;

(ii) oil or cake made from the seeds of the marijuana plant, including cannabidiol derived from the seeds of the marijuana plant;

(iii) any other compound, manufacture, salt, derivatives, mixture, or preparation of the mature stalks (except the resin extracted therefrom), including cannabidiol derived from mature stalks;

(iv) the sterilized seed of the marijuana plant which is incapable of germination;

(v) for persons participating in a clinical trial or in an expanded access program related to administering cannabidiol for the treatment of severe forms of epilepsy pursuant to Article 18, Chapter 53, Title 44, a drug or substance approved for the use of those participants by the federal Food and Drug Administration; or

(vi) for persons, or the persons' parents, legal guardians, or other caretakers, who have received a written certification from a physician licensed in this State that the person has been diagnosed by a physician as having Lennox-Gastaut Syndrome, Dravet Syndrome, also known as "severe myoclonic epilepsy of infancy", or any other severe form of epilepsy that is not adequately treated by traditional medical therapies, the substance cannabidiol, a nonpsychoactive cannabinoid, or any compound, manufacture, salt, derivative, mixture, or preparation of any plant of the genus cannabis that contains nine-tenths of one percent or less of tetrahydrocannabinol and more than fifteen percent of cannabidiol.

(c) For purposes of this item, written certification means a document dated and signed by a physician stating that the patient has been diagnosed with Lennox-Gastaut Syndrome, Dravet Syndrome, also known as "severe myoclonic epilepsy of infancy", or any other severe form of epilepsy that is not adequately treated by traditional medical therapies and the physician's conclusion that the patient might benefit from the medical use of cannabidiol.

(d) A physician is not subject to detrimental action, including arrest, prosecution, penalty, denial of a right or privilege, civil penalty, or disciplinary action by a professional licensing board for providing written certification for the medical use of cannabidiol to a patient in accordance with this section.

SECTION 44-53-1810. Definitions.

As used in this article:

(1) "Academic medical center" means a research hospital that operates a medical residency program for physicians and conducts research that involves human subjects, and other hospital research programs conducting research as a subrecipient with the academic medical center as the prime awardee.

(2) "Approved source" means a provider approved by the United States Food and Drug Administration which produces cannabidiol that:

(a) has been manufactured and tested in a facility approved or certified by the United States Food and Drug Administration or similar national regulatory agency in another country which has been approved by the United States Food and Drug Administration; and

(b) has been tested in animals to demonstrate preliminary effectiveness and to ensure that it is safe to administer to humans.

(3) "Cannabidiol" means a finished preparation containing, of its total cannabinoid content, at least 98 percent cannabidiol and not more than 0.90 percent tetrahydrocannabinol by volume that has been extracted from marijuana or synthesized in a laboratory.

(4) "Designated caregiver" means a person who provides informal or formal care to a qualifying patient, with or without compensation, on a temporary or permanent or full-time or part-time basis and includes a relative, household member, day care personnel, and personnel of a public or private institution or facility.

(5) "Pharmacist" means an individual health care provider licensed by this State to engage in the practice of pharmacy.

(6) "Physician" means a doctor of medicine or doctor of osteopathic medicine licensed by the South Carolina Board of Medical Examiners.

(7) "Qualifying patient" means anyone who suffers from Lennox-Gastaut Syndrome, Dravet Syndrome, also known as severe myoclonic epilepsy of infancy, or any other form of refractory epilepsy that is not adequately treated by traditional medical therapies.

HISTORY: 2014 Act No. 221 (S.1035), Section 2, eff June 2, 2014.

SECTION 44-53-1820. FDA approved clinical trials to treat patients who have certain forms of epilepsy with cannabidiol; principal investigators; subinvestigators.

(A) A statewide investigational new drug application may be established in this State, if approved by the United States Food and Drug Administration to conduct expanded access clinical trials using cannabidiol on qualifying patients with severe forms of epilepsy.

(B) Any physician who is board certified and practicing in an academic medical center in this State and treating patients with severe forms of epilepsy may serve as the principal investigator for such clinical trials if such physician:

(1) applies to and is approved by the United States Food and Drug Administration as the principal investigator in a statewide investigational new drug application; and

(2) receives a license from the United States Drug Enforcement Administration.

(C) Such physician, acting as principal investigator, may include subinvestigators who are also board certified and who practice in an academic medical center in this State and treat patients with severe forms of epilepsy. Such subinvestigators shall comply with subsection (B)(2) of this section.

(D) The principal investigator and all subinvestigators shall adhere to the rules and regulations established by the relevant institutional review board for each participating academic medical center and by the United States Food and Drug Administration, the United States Drug Enforcement Administration, and the National Institute on Drug Abuse.

(E) Nothing in this article prohibits a physician licensed in South Carolina from applying for Investigational New Drug authorization from the United States Food and Drug Administration.

HISTORY: 2014 Act No. 221 (S.1035), Section 2, eff June 2, 2014.

SECTION 44-53-1830. Cannabidiol for use in clinical trials.

(A) Expanded access clinical trials conducted pursuant to a statewide investigational new drug application established pursuant to this chapter only shall utilize cannabidiol which is:

(1) from an approved source; and

(2) approved by the United States Food and Drug Administration to be used for treatment of a condition specified in an investigational new drug application.

(B) The principal investigator and any subinvestigator may receive cannabidiol directly from an approved source or authorized distributor for an approved source for use in the expanded access clinical trials.

HISTORY: 2014 Act No. 221 (S.1035), Section 2, eff June 2, 2014.

SECTION 44-53-1840. Immunity.

(A) A person acting in compliance with the provisions of this article must not be subject to arrest, prosecution, or any civil or administrative penalty, including a civil penalty or disciplinary action by a professional licensing board, or be denied any right or privilege, for the use, prescription, administration, possession, manufacture, or distribution of medical cannabis.

(B) The State must defend a state employee against a federal claim or suit that arises or by virtue of their good faith performance of official duties pursuant to this article.

HISTORY: 2014 Act No. 221 (S.1035), Section 2, eff June 2, 2014.
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Old 03-29-2015, 09:16 PM #17
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Hey Mr Joe,

Yes, it appears that South Carolina did not intend to legalize CBD oil derived from hemp, but that's what they did. What you have cited is of course the exact statute our esteemed legal beagle showed us. It's the definition of "not marijuana" that opens the door. Also the hemp laws that have been passed allowing all hemp products to be bought and sold in SC as well as the rest of the country which further seems to unbolt the gate and fling it open. All the clinical trial and doctors permission bullshit is outdated. You don't need the doctor anymore. You can order the stuff on Amazon. If it was illegal do you think Amazon or any other vendor could get their credit cards and pos systems approved? The CBD we are going with contains ZERO THC, not just less than .3%. It comes from hemp. Hemp products are legal.
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Old 03-30-2015, 06:00 AM #18
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Quote:
Originally Posted by ronbo51 View Post
It comes from hemp. Hemp products are legal.
Define hemp and hemp law that relates to CBD and extracts of CBD buds, because a judge is going to need more than that - he's more likely to say that plain reading of statute upholds your conviction, since for one thing your CBD is neither seed nor stalk-derived, the articles that have always been the legal hemp products. The difference between legal and de facto legal is the police have not felt compelled to start a test case. If you do start selling, I wouldn't want the media finding out.
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Old 03-30-2015, 03:33 PM #19
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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. It goes through 4 different extractions, in the end zero THC 99% pure CBD crystals. Ultimately, hemp oil is not a controlled substance, whether it has CBD in it or not. Since CBD is specifically mentioned in the "not marijuana" description and it contains no THC, which is the final test of legality, our legal team has high confidence in a positive outcome. I personally feel there is no doubt that CBD derived from hemp is legal in all states including South Carolina. That is why online sellers can legally sell CBD oil and still retain their banking and credit card privileges. Of course that may or may not have anything to do with how law enforcement will proceed, and believe me, we are very concerned. But there are over a dozen places we have found in our state already selling CBD products over the counter in brick and mortar stores. Also, we have discussed the media. Every time there is an ecig story nationally the press comes to our stores or our lab to get comments. We will develop guidelines for the employees on what they can and can't say to customers, the press, and eventually to any LEO's that come to us. We already have many police officers as customers so it shouldn't take long for it to fall one way or another. I appreciate your comments, and do not take any of this lightly.
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Old 04-01-2015, 09:32 PM #20
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wikipedia has changed cbd from schedule II to unscheduled in us

since lydias law it was put it into grew zone (you win in a court) now its free

smoking extracts from european hemp is not pleasant in pure form and two times less pleasant when cut down with glycerin or glycol for e-cigarettes. heated glycerin causes cancer.

european hemp is good for cookies or massage oil.
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