Law Office of Matthew Konecky - August 2018

Is CBD Oil Legal? Separating Fact From Fiction

Is cannabidiol oil, or CBD oil, legal in Florida? It’s a question that comes up from time to time, and it doesn’t have a straightforward answer. State law and federal law are at odds with one another. There are some who argue that state law does not endorse use of CBD oil without a prescription. What Is CBD Oil? CBD is a compound derived from cannabis. CBD does not produce a psychoactive effect when consumed because it contains no THC. In short, it interacts with the body differently than THC (tetrahydrocannabinol), which is the active ingredient in marijuana that leads to the high. The Florida Law In 2014, Florida legalized non-euphoric strains of marijuana. This led to the CBD oil known as “Charlotte’s Web.” In 2016, the legislature broadened the scope to encompass all types of marijuana. The caveat of this law is that the marijuana cannot be smoked. It must be consumed in a different way. However, in May, a judge in Tallahassee ruled that the law banning smokable medical marijuana was unconstitutional. This may give way to ending the statewide ban.

schedule 1 substance, making it illegal. According to an article in Techcrunch magazine, the FDA approved a drug, made from CBD, to control seizures. The article points out that this may result in the DEA rescheduling CBD.

The Legal Conflict State law allows for CBD oil under prescription, but the federal law does not. This is a similar situation to the use of recreational marijuana in states like California, Colorado, Washington, and Oregon — these states have legalized recreational marijuana despite federal law. The question is, can you get into legal trouble when you buy CBD oil even if you have a prescription? The answer remains hazy. But, if we look at federal enforcement around the country, it appears the DEA isn’t targeting small businesses such as dispensaries and natural medicine shops. It’s likely that things may change over the next year as more people purchase marijuana and CBD oil in-state for their beneficial properties. Change — and clarification of the law— is coming; it’s just a matter of when.

The State of CBD CBD oil has been legal in Florida since 2014; it just requires a prescription. Right now, the federal government lists CBD oil as a

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Cooking With Ashley

Grilled Avocado With Tahini

Instructions

1. Whisk 2 tablespoons each of lemon juice, tahini, and hot water with 1 grated garlic clove, 1/2 teaspoon honey, and a pinch each of salt and pepper in a bowl. 2. Brush 2 pitted, peeled, and quartered avocados with olive oil; season with salt and pepper. Grill over medium-high heat, flipping, until charred, 30 seconds per side. 3. Top with the tahini sauce and parsley.

3

Recipe courtesy of Food Network Kitchen

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