Virginia drug lawyer cautions on CBD after the Farm Bill – Cannabis law

Virginia drug lawyer says the Farm Bill has not fully legalized CBD

Virginia drug law is tough on defendants. As a Fairfax drug lawyer, I know that merely possessing a Schedule I or II drug is Class 5 felony carrying up to ten years in prison. Marijuana possession remains a misdemeanor jailable up to thirty days, with no medical marijuana law in existence yet other than for THC-A Oil and cannabidiol oil (CBD), which in mid-2018 became legal for designated medicinal purposes as directed by statute. Designated drug paraphernalia is jailable up to one year.

CBD possession remains illegal in Virginia despite the 2018 federal Farm Bill

Last week, my son and I took a road trip to Philadelphia for its unique cuisine and its cool South Street area, where I learned that the neighborhood is awash with sales of everything CBD, from CBD-infused coffee and sweets to the CBD-containing vegan lip balm that the natural food store clerk mis-thought he was helpfully offering me. What a counterpoint to Virginia drug law.

Pictured in this article is CBD-infused coffee at a CBD café. When I told a product-excited clerk at this new café of my intrigue about these CBD sales when Virginia criminal law limits CBD, she enthusiastically told me how the recent federal Farm Bill made non-THC-containing CBD legal.

Virginia drug law and the FDA disagree that the Farm Bill legalizes CBD

The 2018 federal Farm Bill includes inroads for allowing lawful domestic hemp production, which has been long overdue, and has led to fattening the bank accounts of Canadian and Chinese hemp producers who have been more than happy to provide Americans with hemp for clothing, paper and foodstuffs.

However, even though CBD can be produced without THC, which is pot’s main high-producing ingredient, the federal Food and Drug Administration (“FDA”) disagrees that the Farm Bill fully legalizes CBD, and the Farm Bill does not preempt Virginia drug law and other states that bar CBD.

Virginia drug law does provide protections for CBD possession obtained through the Commonwealth’s medical CBD law

Because Virginia drug law still limits CBD possession to those obtaining it through the Commonwealth’s medical CBD law, people need to be caution against bringing CBD into Virginia, and need to not absent-mindedly nor intentionally bring marijuana into Virginia from the neighboring jurisdictions that no longer criminalize possession of designated quantities of pot.

Those wanting to use CBD and THC-A oil in Virginia for medicinal purposes should not do so without fully adhering to the Virginia drug law governing obtaining a medical professional’s recommendation for such use and obtaining it as established by Virginia law.

Fairfax drug lawyer Jonathan L. Katz has successfully defended hundreds of drug defendants since 1991. To discuss your felony, misdemeanor, drug, marijuana or DUI/DWI case with Jon Katz, please call his staff at 703-383-1100 to schedule a confidential appointment.