Can possessing CBD oil products get you arrested? This article covers this common question. Facing charges? Request a free consultation now. If you currently sell CBD products or are interested in selling CBD products, call the CBD and MMJ Attorneys at Scott F. Roberts Law today for a free business consultation.
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.
Is CBD Legal in Michigan?
Due to legal and regulatory changes in the industry, including the 2018 Farm Bill and recent changes in the implementation of Michigan’s 2014 Industrial Hemp Research Act, the information contained in this Article may no longer be accurate. Please contact an attorney before relying on any information contained in this Article. For more information on cultivating hemp, or the Hemp Pilot Program in Michigan, check out our recent article .
As we discussed in our last article, CBD: One Step Forward, Two Steps Back , LARA, the state’s licensing agency, has announced that it considers CBD to be subject to the same regulations as other Marijuana derived products. During a recent LARA Live webcast featuring Andrew Brisbo, the LARA Director of Bureau of Medical Marijuana Regulation, Mr. Brisbo danced around the questions of whether all CBD products are now regulated the same as other marijuana derivatives, like distillate.
The first question asked to Mr. Brisbo was essentially “what gives you the right to do this without any legislation?” His response was that CBD is a derivative of the cannabis sativa plant, and that CBD would now be included in this definition, even if produced from a hemp plant with little to no THC. He said that the federal definition of Marijuana, which finds that cannabis sativa with less than 0.3% THC is not considered regulated Marijuana, is only incorporated into the Michigan’s hemp laws but not its marijuana laws. For its marijuana laws, there is no “THC qualifier”, so in Michigan, any derivative of the cannabis sativa plant other than from sterilized seeds, oil from seeds, and mature stalks is considered a controlled substance.
Confused yet? Here is what he was really saying: CBD derived from cannabis sativa is regulated the same as Marijuana. What he didn’t mention, and what you needed to read between the lines to catch, is that under this definition, CBD derived from the mature stalks or sterilized seeds is legal in Michigan and not subject to the state’s Marijuana laws . This position is in line with the DEA’s position on CBD extracts.
That begs the question—how is LARA going to enforce its interpretation of the state’s Medical Marijuana laws, especially when some CBD products are legal and other almost identical products are not?
Unlike certain other departments, such as the Department of Natural Resources’ Conservation Officers, there is no “LARA police” to enforce the CBD ban. While LARA does have inspectors and examiners, as well as an enforcement division, this division is focused on investigating complaints on licensees and licensed establishments. LARA’s power in this way is limited. Similar to the Bureau of Medical Marijuana Regulation, there is a Liquor Control Commission within LARA that regulates the sale of alcohol. One of LARA’s primary enforcement tool for enforcing liquor laws is the revocation, suspension or of that person’s liquor license. However, the Liquor Control Commission relies on other law enforcement activities to prevent or control the sale of alcohol by unlicensed individuals. In other words, for activities that fall outside this focus, LARA requires the help and assistance of state or local law enforcement.
The bottom line is that if you are a medical marijuana business licensee under LARA, LARA could use its power over licenses and licensees to enforce its CBD ban against you or your company. But this also means that if you do not hold any licenses regulated by LARA, there is currently not much LARA can do at this point.
In his LARA live interview, Mr. Brisbo even said that “when it comes to enforcement of unlicensed activity, that’s really a law enforcement function.” Given that state and local police have yet to show any interest in going after CBD sellers or buyers, that CBD is by all accounts a very popular medicine and treatment, and that prosecutors would need to prove that the CBD was illegally derived in each case, a statewide crackdown is unlikely anytime soon. And a crackdown right before an important and contentious state election in 2018, at least on the state level, seems virtually impossible.
So if this ban has little to no teeth, why did Mr. Brisbo even bother with it? I can see three reasons. First, a recent case governing the federal interpretation of the Controlled Substances Act found that CBD was covered by the Act. Mr. Brisbo is announcing to the public that he reads Michigan’s laws restricting Marijuana, as well as the state’s legal definition of marihuana in the Public Health Code, as including CBD. While he lacks the power and political will to enforce this position at the moment—or as his interviewer stated in LARA Live—“this isn’t the law enforcement ‘time’”—that will likely change unless action is taken to change Michigan’s current marijuana laws.
Second, he is concerned with the unregulated nature of the CBD market and thinks state government should have the power to step in to protect consumers. He mentioned these concerns recently at the Cannacon conference in Detroit, and he may have a point.
The final reason? To help MMFLA licensees! While the reaction from the Michigan Cannabis industry to the CBD ban was visceral, I actually see it at as Mr. Brisbo throwing Michigan MMJ companies a bone. Essentially, the ultimate effect of the ban will be to prevent stores and individuals not licensed under the MMFLA or MMMA from selling CBD. This means that, absent caregivers, dispensaries would be the only place to buy legal weed AND legal CBD. With the market for CBD growing in popularity seemingly by the month, this guidance could have a big effect on licensees down the road—for better or for worse.
If you currently sell CBD products or are interested in selling CBD products, call the CBD and MMJ Attorneys at Scott F. Roberts Law today for a free business consultation.