Can Possessing CBD Oil Products Get You Arrested?
Can possessing CBD oil products get you arrested? The answer depends on whether you’re referring to CBD from hemp or marijuana.
While most of America recognizes the powerful benefits of marijuana and CBD products, many states remain yet to see the light.
Unfortunately, this results in confusing rules and regulations concerning what’s legal and what’s not.
Furthermore, it’s extremely important to understand the legalities of marijuana and CBD oil/products prior to purchasing them, especially if you plan on crossing state lines.
Let’s take a closer look at the current legal landscape.
Are CBD oil/other products legal?
Again, the answer to this question depends on whether you’re referring to CBD from hemp or marijuana.
According to the 2018 Farm Bill, the U.S. Congress made CBD from hemp legal nationwide.
Please note that individual states may treat CBD from hemp differently, so make sure to check your local law.
However, CBD derived from marijuana still remains illegal under federal law.
In Michigan, CBD products derived from hemp or marijuana are both legal.
The passage of laws legalizing cannabis in Michigan opened the doors for all legal-aged individuals (21 and over) to possess cannabis and CBD related products.
At this time, only those with a valid Michigan Medical Marijuana card may purchase THC products.
There are no legal sales of THC products to those without a valid Michigan Medical Marijuana card.
True CBD oil derived from hemp is more widely available as it doesn’t contain THC.
Although you may purchase and possess these items in Michigan, you must remain careful about transporting and possessing these products in other states.
Marijuana and CBD derived from marijuana are both illegal federally.
Therefore, you cannot possess them on federally owned or operated land (think national parks, federal buildings, etc.).
Additionally, it’s necessary to check the laws in the state you travel to prior to leaving.
Am I going to get arrested for possessing CBD products in another state?
If the law in the state of your travel doesn’t allow for CBD products derived from hemp or marijuana, it’s highly advised that you don’t travel with it.
In fact, it’s incredibly important to know exactly what you’re transporting.
For example, police arrested a 69 year old great-grandmother from North Carolina at Disneyland for possession of CBD oil.
Her doctor prescribed the CBD oil for pain.
She took the CBD oil with her to Florida, where security officers detained her after seeing the bottle labeled “Select CBD” in her purse.
Officers field tested the substance which revealed the presence of THC.
Subsequently, the police arrested the woman for possession of hashish, which is a felony, and given a $2,000 bond.
Luckily, cooler heads eventually prevailed and the charges were dropped.
However, no one wants to get caught up in such an embarrassing and costly legal battle.
You should only buy products from state-licensed, laboratory tested facilities.
Otherwise, you may not know what substances you’re carrying or their legal ramifications.
How do I avoid getting arrested for possession of CBD products?
Stay smart and use your common sense.
If the state you’re traveling to forbids the possession of these products, leave them at home.
Also, only purchase CBD products from facilities that rigorously test their products.
Not only is it smart to know what you’re putting in your body, but it may save you from a hefty legal bill or a criminal record.
If you’re in Michigan, adults 21 and over are allowed to possess these products.
I’m on probation in Michigan. Can I use CBD products without being violated?
True CBD products from hemp contain untraceable amounts of THC.
Therefore, you can use these products without fear of a violation for failing a drug test.
However, you’re ultimately responsible for what you put in or on your body.
If the “CBD Oil” you ingest contains THC, regardless of your knowledge, you’ll be at risk for getting arrested.
Furthermore, you must carefully research any facility from which you purchase CBD products.
But to circle back, the answer to the question, “can possessing CBD oil products get you arrested?,” the answer is yes if it’s CBD derived from marijuana and not hemp.
If you are charged, you’ll need a good drug crimes attorney.
Facing marijuana other drug charges? Unhappy with your current attorney? Request a free consultation now.
Attorney Morris is trial lawyer who has been providing high-quality legal representation in the areas of state and federal criminal defense for more than 20 years. He’s known for his trial preparation by fellow attorneys, judges and clients alike. As a trial attorney, he’s dedicated to attaining justice in every case, and is always prepared to successfully take on complex legal issues. Barton and his law firm pride themselves on obtaining results for their clients that other attorneys cannot.
Not only does Barton Morris have extensive experience, he also engages in continuing legal education to provide the highest quality legal services. Barton has received specialized scientific training through the American Chemical Society, and is the only forensic lawyer-scientist in Michigan. He attended the prestigious Trial Lawyers College and serves on its Alumni Association Board of Directors. Barton Morris is also a board member of several distinguished legal associations including the Michigan Association of OWI Attorneys, and the DUI Defense Lawyer’s Association Justice Foundation. He’s also an active member of the National Association of Criminal Defense Attorneys and has graduated from their National Criminal Defense Trial College in Macon, Georgia.
Barton Morris is consistently chosen as a Top Lawyer of Metro Detroit and for DUI/OWI and criminal defense by DBusiness Magazine and Hour Magazine. He has also been chosen as a Super Lawyer in Criminal Defense.
Can I be charged for possession of hemp or CBD?
With the passing of the Federal 2018 Farm Bill came the legalization of industrial hemp and hemp derivatives including cannabidiol (“CBD”).
Despite the legality and regulation of this budding new industry, some CBD consumers are facing charges for marijuana possession as law enforcement officials struggle to distinguish legal hemp and CBD from illegal marijuana. Recently, a 69 year old grandmother arrested at Disney World made headlines for her possession of CBD oil used for health ailments. Locally, a Johnston County, NC resident was charged last week with possession of hemp flower used to treat anxiety.
In order to be legal hemp and hemp products (including CBD) must contain less than 0.3% tetrahydrocannabinol (THC) which is the active ingredient in marijuana that creates the feeling of being high. Proponents of hemp and CBD products claim an array of health benefits including treatment for seizures, arthritis, pain-relief, and anxiety all without the impairing effect of THC. CBD is often infused in cosmetic products like lip balms and oils, added to foods (although not permissible per FDA guidelines) like honey, gummies, and even beer, and is even contained in an FDA approved drug used to treat epilepsy.
Unfortunately, individuals using hemp and CBD products may find themselves facing criminal prosecution. Although the use and possession of hemp and CBD is not illegal, law enforcement officials sometimes have a hard time telling the difference between hemp and marijuana which is still illegal in all forms in North Carolina. The confusion is understandable given that hemp flower, which can be smoked by CBD users, looks and even smells like marijuana. Further, even though hemp and CBD products can contain only 0.3% THC, these low levels can still test positive on a police officer’s field test. Hemp users should also be concerned that drug tests may return a positive result on some drug tests.
Because legal hemp and CBD are very new to the market, police officers may not yet be trained on distinguishing the difference between hemp and marijuana. Until that happens we can reasonably expect to see a rise in the number of arrests and prosecution of individuals and businesses that use or sell hemp products. It is in your interest the have a criminal defense attorney experienced in this specific area of the law. If you have been charged with a drug offense, contact Dysart Willis to speak to an attorney who can help.