CBD Edibles Ban Makes No Sense [More Absurd FDA/CBD Stories]

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CBD Edibles Ban 

Mr. Grumpy

      Mr. Grumpy

Hemp-derived CBD Oil IS LEGAL under US federal law, but the eff-dee-ay , also known as the Federal Food and Drug Administration, isn’t buying it. Or so it seems.

Let’s get this straight. First off, the law is very clear. CBD, derived from Hemp, is legal as long as the THC content is 0.3% or less. And secondly, there is nothing in the bill that would the use of CBD Oil restrict in any manner.

Why is it then that the FDA felt compelled to issue a warning ‘that CBD oil

cannot be added to food products’? Although not enough research date exists at this time to attest to the medical benefits of CBD Oil, there is enough evidence to the fact that the use of CBD oil is safe.

However, the FDA simply ignores these facts and sits idly by as states and cities struggle to come up with their own sets of CBD regulation. Maybe there are some other ‘considerations’ for this foot-dragging by the FDA. Big Pharma and its deep pockets come to mind, if you get Mr. Grumpy's drift.

FDA Approval for Monsanto's Round-Up

After all, it’s the same agency that happily approved ‘Round Up’, the stuff that most likely is responsible for the disappearance of honey bees. In addition, traces of GLYSOPHATE, the main ingredient in Round-Up that is linked to cancer, was found in practically all foods, except broccoli.

 Interesting to know, that the agency only recently started testing for this poison after the International Agency for Research on Cancer (IARC) declared glyphosate as carcinogen in 2015 (Source: The Guardian)

Mr. Grumpy found another typical incident of the FDA efficiency, as far as pleasing the Pharma Industry is concerned.

1995 FDA Approval For Oxycontin

OxyContin is a ‘time release’ version of Oxycodone and responsible for the rapid increase in opioid addictions in the USA. Here is the Description of Side Effects from the approval in the year 1996:

The most serious risk associated with opioids, including OxyContin, is respiratory depression. Common opioid side effects are constipation, nausea, sedation, dizziness, vomiting, pruritis, headache, dry mouth, sweating, and weakness.

Not a single word that this drug is highly addictive and dangerous. Until this was published:

Reports of overdose and death from prescription drug products, especially opioids, began to rise sharply, with OxyContin at the center of the problem. For instance, the number of people who admitted to using OxyContin for non-medical purposes increased dramatically from approximately 400,000 in 1999 to 1.9 million in 2002 and to 2.8 million in 2003” (source: FDA.Gov).

Can you see why Mr. Grumpy gets riled up with this 'FDA feet-dragging bull shit' and telling state health departments to  enforce prohibition against these 'still-technically-illegal CBD edibles'? 

Let's take a look at other weird stuff going on around the country in regards to CDB edibles.

cdb edibles ban

Image by: vaping360

Washington State Bans All CBD-Infused Food and Drinks

What the hell? This CBD edibles ban in WA state is totally stir crazy. Washington State is one of only 10 states where marijuana is 100% legal for recreational purposes. People are able to purchase pot in licensed dispensaries and smoke in public, if they choose to do so.

Of course, folks in jobs that require piss tests have to wiggle their way around the system, but a friend's, mother's or brother's pee will just do fine.

Mr. Grumpy is speechless.  So what happened? 

The Washington State Department of Agriculture points a big nasty finger at, you guessed it, the FDA. They say, and Mr. Grumpy quotes...

"The FDA has approved a drug comprised of CBD as a prescription drug for treatment of specific health conditions, but has not approved CBD as an ingredient in food. Federal laws clearly prohibit adding drugs to food, except in limited circumstances defined in the law.

They add, 'that if the FDA does finalize CBD regulations for food, the state can start selling infused lattes and the like — so long as it follows the federal agency’s chosen rules'. 

There is a bit of sarcasm in this last sentence, is there not? However, it is what it is...the big finger points at the FDA and makes it very clear:  Get off your butts and give us something we can work with.

Massachusetts Policy Outlines Ban Of Some Hemp Products

Just like in Washington State, folks in Mass. say the same thing..."CBD Edibles ban makes no sense, whatsoever". But just like in WA state, Massachusetts regulators have banned the sale of some hemp products, including foods infused with cannabidiol (CBD) and dietary supplements.

Amherst hemp farmer Julia Agron says:

 "CBD is a lucrative part of the hemp market that farmers in the state want to be a part of. This (the cbd edibles ban) is only hurting small farmers, small Massachusetts businesses. That's it."

Other business owners invested heavily in the new CBD industry. Laura Boehner, for example, planned to  expanding into food and tinctures and moved into a new facility in Newburypor. In addition, she already spent more than $20,000 in the process. 

"We have a lot of materials in terms of the raw ingredients, we bought a wad of extracts, we have lots of bottles that are empty packaging — all those things we just can't put to use now", Beohner said.

However, while many entrepreneurs simply throw in the towel, others are ready to fight for fair and swift regulations. A group of farmers have joined forces to form the Massachusetts Hemp Coalition, requiring action from the FDA concerning CBD edibles.

Marty Dagoberto, the group’s policy director, put it this way: 

Why would the administration allow our farmers to invest in a new crop and then remove the local market for that crop mid-season? And why, in a state with legalized adult-use of recreational cannabis, would they be restricting its non-psychoactive cousin more tightly?” 

The irony in all of this is obvious: Allowing to buy marijuana-derived CBD at one of the state’s 20 recreational marijuana stores when most hemp-derived CBD products are being considered illegal is about as stupid as it can get.

CBD Is Now Illegal in Iowa

The idiotic CBD Edibles Ban is hitting CBD lovers in Iowa real hard. The Southwest Iowa Narcotics Enforcement Task Force (who the hell came up with that name?) sent out a cease-and-desist letter to businesses selling CBD products.

The message was short and clear: "CBD products are illegal and their sale should be discontinued immediately".

Mr. Grumpy's guess is that Big Pharma worked particularly hard on certain politicians in Iowa to enforce the existing law by the letter. The current law states...

"only five state-licensed “medical cannabidiol” dispensaries are allowed to sell CBD oil in any form. Access to these dispensaries is limited to people who have a doctor’s prescription, which can only be granted for a handful of conditions like cancer, HIV/AIDS, and Parkinson’s".

Never mind that the 2018 Farmbill clearly states that 'CBD, derived from hemp and contains less than 0.3 percent THC is legal at the national level'. However, Iowa Attorney General Tom Miller added in the letter...

Because cannabidiol (CBD) is derived from parts of the cannabis plant that are included in the definition of marijuana, CBD is considered marijuana under Iowa Law,” subjecting it to the same prohibitions that apply to drugs like heroin, methamphetamine, and LSD)".

Therefore, this Southwest Iowa Narcotics Enforcement Task Force will conduct regular compliance checks and any businesses found in violation could be subject to penalties.

Adding to the Idiocy 

As if the situation were not already mind boggling, one 'under cover officer' told the Des Moines’ local ABC affiliate "No worry, this doesn't mean HERE WE COME". 

Sure enough, just a few days later the task force paid unexpected visits to over twenty local businesses in Council Bluffs, forcing them to remove all CBD products from their shelves.

However, the idiocy doesn't stop there! IOWA lawmakers took the initiative and created their own set of CBD regulations. Therefore, legalizing  the plant and its products, provided they contained less than 0.3 percent THC. 

Governor Kim Reynolds (R) signed the Iowa Hemp Act earlier this year, but wouldn't you know it, they messed that up too. The law will not take full effect until 2020, leaving businesses, and their customers, in limbo until then.

Other Laughable CBD News from Around the Nation

Here are some notable instances of CBD Edibles Bans

Maine

Maine is one of the 10 states where cannabis, the stuff that gets you high like the Eifel Tower,  has been legal for more than two years. As dumb as it may sound, the Maine Department of Health and Human Services came to a similar conclusion as New York authorities, declaring CBD unsafe as an additive to food products.

North Carolina

It's beyond Mr. Grumpy's understanding why states like North Carolina hurting their flailing economy with dumb laws. 

Joe Reardon, North Carolina’s assistant commissioner for the Consumer Protection with the Department of Agriculture and Consumer Services, sent out letters to businesses carrying CBD food products warning them about potential violations of state and federal law.

Never mind that some of the largest hemp producers for the Southeast United States are located in North Carolina, with nearly 500 licensed hemp farmers under the Industrial Hemp Pilot Program. N.C. is shooting itself, and a lot of farmers in the foot.

Canadian woman faces lifetime ban after getting caught with CBD oil at U.S. border

Let's see if Mr. Grumpy understands this correctly:

  • The 2018 Farm Bill is Federal Law and legalizes Hemp and Hemp derived CBD products
  • The US border is governed by federal law

A Canadian woman and frequent border crosser was refused entry into the State of Washington after border control spotted a small bottle of CBD Oil in her purse. 

She was fined $500 and faces a life-time ban from entering the US of A. 

To make this long story short; this kind of idiocy will continue UNTIL common sense takes ground, and meaningful regulation will be able to make the distinction between LEGAL CBD products and still restricted marijuana products.

Conclusion

Unfortunately, the FDA continues its 'feet dragging approach' to implement new regulation regarding Hemp derived CBD and its subsequent products' in general, and CBD edibles in particular.

Are CBD Gummies legal? Some 'law makers' don't think so, obviously. As long as this grey area is in existence, producers of CBD products will be in legal limbo as well as consumers. 

One can only hope that common sense will win out over utter stupidity and the obvious influence of Big Pharma in the decision making process of the eff-dee-ay!

 Thanks for stopping by and reading my rant about CBD Edibles Ban.

Signing off - Mr. Grumpy

Mr. Grumpy

Mr. Grumpy is a retired computer geek enjoying his idle time as guest writer for several public forums and websites. A big fan and user of CBD oil himself, Mr. Grumpy is closely, and critically, following the legal developments in the area of the CBD industry. 

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