Cannabidiol, better known as CBD, has gained a tremendous amount of support for it’s safe, effective, and non-intoxicating medical benefits. This popularity has led many people to ask, “Why is CBD illegal if it’s non-psychoactive?”
The answer is actually quite simple. The DEA still classifies CBD as a Schedule 1 drug. This puts it in the same category as heroin, cocaine, etc… This scheduling makes it nearly impossible to conduct the medical studies needed to reschedule the drug and make it legal.
What is CBD?
CBD is one of the most well-known cannabinoids in the cannabis plant, right behind THC. It is capable of treating a plethora of different illnesses and symptoms, including and related to anxiety, depression, epilepsy, inflammation, pain, and more! Perhaps one of the biggest explanations for CBD’s rise to popularity is that it can treat these conditions, without getting you high.
While the CBD market has grown considerably in the last several years, many hemp-based CBD products that can be found in stores are technically still considered illegal in the eyes of the government. It’s important to note that it is highly unlikely that these agencies would pursue individual consumers. They are much more interested in pursuing producers and retailers.
How did it Become Illegal?
CBD became illegal with the marijuana prohibition, back in the 1930’s. This prohibition, however, was built on a mountain of lies and misunderstanding.
During the Nixon presidency, politicians told all sorts of lies about the plant. This was an effort to gain support for the movement, by creating fear and misunderstanding. They also used it as a way to make it easier to arrest people of color and anti-war activists. One of Nixon’s top advisors, John Ehrlichman, said, “Did we know we were lying about the drugs? Of course we did.”
Why is CBD Illegal if it’s Non-Psychoactive?
The fears and misconceptions brought about during the Nixon era, are issues that we’re still dealing with today. The fact that CBD is still illegal is largely due to ignorance at the federal level. Many lawmakers still buy into the lies and misconceptions.
Another big part of the issue, is the cost and barriers that researchers have to deal with to even get the product to the FDA for approval. It’s a very long and very expensive road. Perhaps the most frustrating part about it, is the fact that we’re stuck in this vicious circle of the DEA saying it’s illegal, which creates barriers for researchers. The drug cannot be rescheduled without in-depth research proving it has medical potential, but because it’s illegal, the research can’t be done.
A shining light on this whole situation is the fact that one CBD-based medication, Epidiolex, used to treat Epilepsy, has passed FDA approval. CBD has been proven to offer medicinal benefits. This may force the DEA’s hand to reschedule the drug once and for all.
The takeaway? Keep the faith. It’s only a matter of time before medical (and recreational) marijuana is available to every adult in the United States.
Luckily for us, medical marijuana (including CBD) is legal in the state of Florida. If you’re a Florida resident and feel that you may be a good candidate for medical marijuana, call us at (786) 224-4005 or schedule your free consultation online, today.
When it comes to obtaining a medical marijuana card, each state has different rules. There are specific steps that must be taken in order to be granted a medical marijuana card in the state of Florida. You must be at least 18 years old, be able to prove that you are a Florida resident, and be found to suffer from one or more qualifying conditions, by a licensed physician.
After you’ve been diagnosed by your primary care physician, you must request your medical records describing your qualifying diagnosis. Once you’ve obtained these records, you will bring them to your medical marijuana evaluation appointment. The licensed physician from this appointment will determine whether or not you are a valid candidate. Qualifying patients must then register with the Department of Health, and submit all required paperwork to the Board of Medicine, as instructed.
Since you’re here reading this, chances are you’re curious about whether you or a loved one will qualify for medical marijuana in the state of Florida. The following list of qualifying conditions is in-depth, but not comprehensive. In essence, it is up to the qualifying physician to determine whether or not your symptoms can be treated with medical marijuana.
Qualifying Conditions for a Florida Medical Marijuana Card
- Crohn’s Disease
- Chronic Seizures
- Parkinson’s Disease
- Multiple Sclerosis
- ALS/Lou Gehrig’s Disease
- Chronic Pain & Inflammation
- Frequent Nausea/Vomiting
- Hepatitis C
- Irritable Bowel Syndrome
- Lyme Disease
- Muscular Dystrophy
- Chronic Muscle Spasms/Spasticity
- Sickle Cell Anemia
- Terminal Conditions (diagnosed by at least 2 licensed physicians)
- Any Other Medical Conditions Comparative to Those Listed Above (determined by licensed physician)
Lastly, it’s important for you to understand that doctors, by law, cannot directly prescribe medical marijuana. In fact, marijuana prescriptions are illegal. For this reason, medical marijuana physicians simply supply patients with recommendations, in compliance with state law.
All things considered, if you believe that you or a loved one would be a good candidate for medical marijuana, call us at (786) 224-4005 or schedule your free medical marijuana evaluation online, today.
On November 8th, 2016, 71 percent of Florida voters showed their support for the legalization of medical marijuana. This legislation legalized vaporized, edible and oil forms of marijuana, however, it did not legalize smoking medical marijuana.
Orlando lawyer and medical marijuana advocate, John Morgan, filed a lawsuit on behalf of 2 patients. One of these patients suffers from HIV & neuropathy while the other has ALS (Lou Gehrig’s Disease.) Both of these patients would benefit greatly from being able to legally smoke marijuana.
The State argued that smoking marijuana was not an effective medical treatment. Lawmakers also claimed that this was a clandestine attempt to legalize recreational pot.
Luckily, Judge Karen Gievers decided that the State’s argument was irrelevant. She said that the testimonies of the patients that have experienced the therapeutic effects of smokable marijuana were much more compelling than the testimonies of the State’s handpicked medical experts. As a result, Judge Gievers ruled the ban on smoking medical marijuana unconstitutional on May 25th 2018.
This was a huge win for the medical marijuana movement. Unfortunately, it didn’t end there. Devin Galetta of the Department of Health, filed an appeal which put an immediate stay on the ruling.
John Morgan has continued to fight for patient access to smokable medical marijuana. He said, “The voters of Florida wanted this. It was clear in the intent language and in the ballot language. Smoked marijuana is the most effective and quickest delivery system, period.” Morgan has also claimed the stay may have something to do with the relationship between politicians and ‘Big Pharma’. The opioid industry is booming. Pharmaceutical companies could potentially lose millions of dollars.
Furthermore, Morgan continues to call out Florida Governor, Rick Scott, saying that he has the power to drop the appeal. “(Scott) is going to have to explain to veterans and really sick people and people who have really bad injuries why you kept this going,” he said. He went on to say, “Rick Scott is the boss and the buck stops there.” Morgan claims by not doing so, he is “playing with political wildfire” since the majority of Florida voters voted in favor of all forms of medical marijuana.
Judge Gievers is supposed to make a decision on the appeal any day now. Morgan has also said that if he has to, he will expedite it to the State Supreme Court to force a resolution. Scott will be forced to move forward on a topic he’s been fighting against for years if the ban is lifted.
71 percent of Florida voters have agreed that smoking medical marijuana should be legal. Delaying access to this incredible medicine is cruel and unnecessary; no one should have to live in pain.
If you’re a Florida resident interested in becoming a Marijuana Doctor Patient, book your free consultation today!