Are CBD Gummies Illegal

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Is it okay to drive after consuming CBD gummies? Is it considered to be the same as drunk driving? Click here for more answers about CBD use in Michigan. Is CBD Legal? Read This Before Buying

CBD Gummies for Dummies: From Novices to Pros, Here’s What You Need to Know About Michigan CBD Laws

Since its statewide, recreational legalization in 2019, we’ve heard a lot of questions about Cannabidiol (better known as CBD). For instance, folks are asking things like: Is it okay to drive after consuming CBD gummies? Can truck drivers legally work if they’re using CBD? Could CBD help improve my complexion?

Those are some important questions that deserve clear(asil) answers. Because, in case you’ve missed it, a growing number of people consider CBD helpful in reducing anxiety, treating aches and pains, and even clearing up acne. It’s also being touted (and tested) as a potential treatment for cancer amongst other medical purposes. However, despite its growing reputation as a cure-all, CBD is not FDA-approved for any of these uses. In fact, only one FDA-approved prescription-based drug — a treatment for severe epilepsy — includes CBD in its pure form.

While we are not able to offer opinions on the efficacy of CBD for health-related purposes (that’s up to the FDA and medical experts), the legal team at the Mike Morse Law Firm does feel it may be helpful to offer you some insights into federal and Michigan laws, rules, and regulations related to CBD so you can be well informed if you decide to try it.

First of all, is CBD legal?

The short answer is yes, provided it has a very low concentration of THC (the psychoactive ingredient in marijuana). That’s because CBD and THC can be derived both from hemp and from the variety of cannabis used for marijuana. When the extracted CBD has a percentage of THC lower than 0.1 percent, it is considered by the U.S. Drug Enforcement Agency (DEA) to be a Schedule 5 drug rather than a Schedule 1 substance (Schedule 1 drugs are tightly controlled, and include such drugs as heroin, peyote, and LSD, which have a high potential to lead to addictions and no currently approved medical uses). In contrast, drugs in Schedule 5 are considered to have the lowest propensity for abuse. Some examples of those drugs are Lyrica (used to treat pain and epilepsy), Lomotil (a treatment for diarrhea), and Robitussin A-C (a cough suppressant). In Michigan specifically, CBD with a THC percentage lower than 0.3 percent is not considered to be marijuana, and therefore not subject to the state’s pot laws.

What about marijuana?

Michigan’s legalization of pot for medical purposes happened in 2008, and its approval for recreational use occurred in 2018 (CBD wasn’t officially, recreationally legalized until January 2019). Citizens are permitted to grow a limited number of plants and can possess up to 2.5 ounces of marijuana for personal use. Legal dispensaries have been operating since 2019. If you want to use weed in Michigan, the law allows you to smoke it, ingest it via edibles, or apply it topically, at home. But despite the relaxation in Michigan’s marijuana laws, it is never legal in schools or even on school buses for that matter. Details about Michigan’s marijuana regulations are compiled on the state’s Marijuana Regulatory Agency website, and legal statutes are clearly detailed by NORML (the National Organization for the Reform of Marijuana Laws).

Are CBD-based products also legal?

As noted above, the answer is yes, provided the level of THC falls below 0.1 percent (per DEA rules) or 0.3 percent (for Michigan regulations). However, since CBD products are not federally regulated by the FDA, there is no standard in place to ensure you are getting truly pure cannabidiol, or that the products you receive don’t contain higher levels of THC than stated on the packaging. In fact, a study cited by the Mayo Clinic notes that many CBD products didn’t have the promised purity listed on their labels and more than one out of five CBD products tested contained THC. So, be careful when using CBD and don’t assume that these products definitely won’t get you into trouble with the law.

Which leads us back to a couple of highly important questions we mentioned earlier:

Is it okay to drive after consuming CBD gummies?

Simply put, you’re taking your chances. Since there’s no way to be certain that the CBD gummies you consume contain no THC, you could very well test positive for THC if you’re pulled over and subjected to medical testing. Michigan law treats driving while under the influence of alcohol and drugs in the same way. Driving drunk is forbidden and, since marijuana remains a federal Schedule 1 drug (even though the state has legalized it for personal use), you could find yourself in serious trouble due to a positive drug test — even if it’s caused by CBD gummies accidentally containing more THC than the label claims. Michigan law prohibits you from having any amount of illegal drugs in your body while driving. To quote the law, if you fail a drug test you could be charged with, “Operating With Any Presence of a Schedule 1 Drug” (abbreviated OWPD) in Michigan, which means “having even a small trace of these drugs in your body” can result in arrest and conviction “even if you do not appear to be intoxicated or impaired.” Penalties for being convicted of OWPD as a first offense are severe, and can include fines up to $500, mandatory suspension of your driver’s license, up to 93 days in jail, six points added to your driving record, and several more unpleasant consequences, including legal defense fees, not to mention the very real possibility of having to live with lingering shame, guilt and social ostracism.

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Can truck drivers legally work if they are using CBD?

The answer to the question above applies here in spades. Semi drivers are especially at risk when using CBD gummies or other products because there’s no way to verify that those products are free from THC. It goes without saying that driving while high is highly dangerous. But beyond that, U.S. Department of Transportation rules prohibit truckers from using any Schedule 1 substances. This has resulted in a quandary for Canadian truck drivers, who are not subject to the same strict prohibition on THC. When they cross the border into the United States, they face a severe penalty if a drug test registers positive for THC: being banned from driving south of the border. Here in Michigan, where border crossings are frequent for semi drivers, Canadian truckers need to be particularly aware of this situation. Entering the Great Lakes State via the Ambassador or Blue Water Bridges, or arriving through the Detroit-Windsor tunnel, means driving into a whole new world when it comes to laws governing marijuana use.

What’s the best way to use CBD safely?

Like anything else, doctors and nutritionists recommend moderation in all things. It might also be wise to consider the chosen method of introducing CBD into your body. Not too long ago, the Centers for Disease Control claimed vaporized CBD was associated with lung damage, which could raise concerns about obtaining CBD from e-cigarettes or vaping. Oil, capsules, and tinctures are alternative ways to add CBD to your “dietary” intake. Gummies are growing in popularity, and a Healthline article outlines factors to keep in mind when choosing from the many chewable brands available. Among those are the source of the hemp from which the CBD is extracted (domestic or foreign), the percentage of CBD in the gummies (as certified by the manufacturer), the availability of data on impurities or toxins, and the results of independent lab tests on the gummies being evaluated.

Whatever you decide, be sure to follow the manufacturer’s recommendations and pay attention to your body’s responses to the CBD as you begin to use it. If you experience adverse reactions, stop using CBD. And remember that if you are ever hurt or injured — whether as a result of personal use of CBD products, or by someone who is using any drugs irresponsibly — we’ll be here for you. Call our personal injury attorneys at 855-MIKE-WINS (855-645-3946) or get in touch with us online.

Is CBD Legal? Read This Before Buying

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Over the last few years, the demand for CBD products has skyrocketed, especially as a growing number of consumers seek all natural alternatives to common ailments such as poor sleep, anxiety, and chronic pain.

One of the first questions that people have in regards to CBD products is whether they’re legal or not. The short answer is yes, but only under specific conditions. CBD legality isn’t black and white. There’s a lot of gray area that causes a lot of confusion amongst those with a newfound interest in CBD.

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Because there is so much misinformation about the legality of CBD, we’re here to help set the record straight. Here’s everything you need to know about whether CBD is legal or not, along with a list of five of the top CBD brands that meet all legal regulations.

Understanding Hemp vs. Marijuana

A lot of the confusion and misinformation comes from people not understanding that hemp and marijuana are two different plants. Therefore, the products made using compounds derived from each of these plants are also quite different.

Hemp and marijuana are two different varieties of the cannabis sativa plant. Both naturally produce CBD, along with other cannabinoids. Visually, hemp and marijuana look the same. However, the biggest difference is the level of tetrahydrocannabinol (THC).

THC is the compound that causes people to get “high.” It’s known to create feelings of euphoria, and may cause confusion and anxiety. Hemp has a nearly non-existence amount of THC, with levels averaging below 0.3%. However, marijuana plants contain a much higher amount of THC, which can be as high as 30%.

Because marijuana has such a high THC content, which produces mind-altering effects, the plant is federally illegal in the U.S. along with many other countries around the globe.

Hemp-Derived CBD Is Legal

Understanding the difference between hemp and marijuana is crucial in understanding the legality of CBD products. Under the 2018 Farm Bill , hemp-derived CBD products are legal on a federal level. The bill removed hemp as a Schedule I substance and reclassified it as an “agricultural commodity.”

One of the most common misconceptions about this bill is that it legalizes all CBD products, regardless of whether the CBD was derived from hemp or marijuana. However, this isn’t true. According to the DEA, CBD is a Schedule I substance, which is illegal.

But, if the CBD is derived from hemp, and adheres to all of the regulations stated in the 2018 Farm Bill, then it’s no longer a Schedule I substance and is legal. In order for a CBD product to be legal, it must not only be derived from hemp, it must also:

● Contain less than 0.3% THC

● Must adhere to shared state-federal regulations

● Must be grown by a licensed grower

The bill also removed all restrictions on the sale, transportation, and possession of hemp-derived CBD products. This means that these products can be transported across state lines, as long as the product meets the above criteria.

Federal Legality Doesn’t Guarantee State Legality

Just because CBD is legal on a federal level doesn’t necessarily make it legal in all states. States can have laws that set forth further regulations, or ones that outright ban CBD products altogether.

Before buying any kind of CBD product, it’s important to check into any state laws that may be in place. For example, CBD products are considered illegal in Iowa. However, they are legal in neighboring states such as Illinois and Minnesota.

How to Confirm a Product’s Legality

Companies can advertise that a CBD product is 100% legal, but that doesn’t mean that what’s marketed is necessarily true. The only way to guarantee with total certainty that a product is legal is by reviewing the certificate of analysis (COA).

This is a document that’s created once a product has been tested by an independent third-party lab. A COA provides extremely detailed information about a product, including:

● Microbial contaminants (ie. mold, yeast, etc.)

Not only does a COA confirm the presence of these compounds, but it also provides a measurement. So when determining whether a CBD product is legal, you’ll want to look at the findings for THC. If the percentage is 0.3% or below, then the product meets all legal regulations.

If a product has a reading higher than 0.3%, or if a product doesn’t have a COA available, it’s best to steer clear.

Now that you know the ins and outs of the legality of CBD and how to determine if a product is legal, let’s take a look at the top 5 trusted CBD brands. These brands use the highest quality hemp-derived CBD and each product undergoes rigorous testing to ensure it meets legal regulations as well as quality, safety, and potency standards.

Top 5 Trusted CBD Brands

1. Penguin

Penguin CBD products are powered by nature and inspired by earth. The company is run by a team of specialists from a variety of fields that work together to create quality CBD products. Penguin products are inspired by the calm, cool-under-pressure personality and lifestyle of penguins. The brand believes that everyone should be able to have a life that is balanced and chill.

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All Penguin CBD products are made using GMO-free Oregon-grown hemp plants. These plants are raised and farmed without the use of pesticides or any other harmful chemicals.

Extract type : CBD isolate and broad spectrum (product dependent)

COAs : Lab results are available for each product on the Penguin website

2. Verma Farms

Verma Farms creates premium CBD products that are inspired by Hawaii. All CBD is sustainably sourced from the highest quality hemp plants grown throughout the United States that are grown without the use of harmful pesticides. Ingredients are carefully selected to ensure only the safest, highest quality options are used.

Though best known for their tropical paradise flavored collection of gummies, Verma Farms also offers a line of performance gummies that are uniquely formulated for improved recovery, sleep, and energy.

Extract type : Broad spectrum

● Pet products (oils and treats)

COAs : Lab results are available for each product on the Verma Farms website

3. FOCL

FOCL is a premium CBD brand based out of Los Angeles and Denver. The team at FOCL (short for Focus) is passionate about wellness and obsessed with producing plant-based products that actually work.

Alongside its overarching belief in plant-powered wellness, FOCL has impressive third party testing standards and clearly does not cut corners in terms of quality. FOCL hemp is grown in the USA using organic and sustainable practices, and all FOCL products are non-GMO, THC-free and vegan. With fair prices and high quality ingredients, FOCL really is a go-to for all things CBD.

4. R+R Medicinals

As we routinely write about R+R Medicinals becoming one of the leading brands in the US, their gummies are no exception. They continue to impress by having created a 25mg gummy, available in both full and broad spectrum (THC-Free) with an amazing taste.

What’s even more amazing is that their gummies are USDA Organic, making them one of the only options available in that category worldwide! Furthermore, they’re completely Vegan, and they taste awesome, as they’ve partnered with a local candy manufacturer to create these delicious rings. So many other brands use artificial flavors, dyes, and other funky ingredients to achieve great tastes at the sacrifice of unnatural ingredients. R+R is truly delicious and a much more pure product.

20% off your first purchase with code: RRWORKS20 , 15% off all subscriptions!

5. Colorado Botanicals

Colorado Botanicals offers surprisingly affordable, premium, THC-free, broad-spectrum CBD with sustainability in mind. Their organic Colorado hemp is tested and uses no synthetic chemicals or potentially dangerous pesticides throughout the growing process. Although they’re yet to have any issues, their unique, vertically-integrated quality control offers multiple layers of protection.

Colorado Botanicals offers the usual range of hemp-derived CBD products, but their maximum potency is above and beyond their competitors.

Extract type : Broad spectrum

COAs : Lab results are easily accessible on each product’s page or their Lab Reports page

Bonus: Sunday Scaries

Sunday Scaries products are created to keep away the the impending doom of Monday that most people experience every Sunday. These top notch products are infused with premium CBD extract to calm the mind, improve your focus, relieve work pressure, and to reset your equilibrium so that you feel more balanced.

Sunday Scaries products deliver all of the whole-plant benefits offered by terpenes, flavonoids, fatty acids, and minor cannabinoids. Whether you want to have a truly relaxing bath or want to partake in some delicious CBD candy, this brand has got just the product for you.

Extract type : Broad spectrum

COAs : Lab results are available for each product on the Sunday Scaries website

Final Thoughts

The legality of CBD products isn’t as clear cut as many people would hope. However, by understanding the regulations at the federal and state level, it should be much easier to navigate the ever-changing and ever-growing landscape.

Buying CBD products from reputable brands that embrace third party testing is the best way to ensure that you’re investing in a legal product. The five brands on our list are well known in the CBD industry and go above and beyond to meet legal, quality, and safety regulations.

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