Without MMJ Card, CBD Oil is Still Against the Law

You’ve probably seen CBD oil on a shelf. It’s not uncommon in Ohio. In the past year, it’s been available for sale at the West End Market in Cleveland and some head shops in Athens Ohio. Now it is more widely available.

The catch is it might be highly illegal and subject to state and federal prosecution. The DEA released a directive in May 2018: “Products and materials that are made from the cannabis plant and which fall outside the CSA definition of marijuana are not controlled under the CSA. Such products may accordingly be sold and otherwise distributed throughout the United States without restriction under the CSA or its implementing regulations. The mere presence of cannabinoids is not itself dispositive as to whether a substance is within the scope of the CSA;”

That’s the unpleasant reality that Robert Faulkner discovered. He bought CBD oil off the shelf at a store in Columbus for his anxiety. He says it was made and manufactured from a hemp company in Cincinnati. The CBD oil didn’t prove all that effective for him at the time, so he threw it in the back of his truck like an empty bottle of soda.

CBD Oil: A Potential Felony Drug Charge

Last summer he was arrested in Richland. Now he faces a felony grand jury trial for the aggravated possession of drugs.

“I never went to the store and thought I was buying something that would potentially put me in prison,” Faulkner told Cleveland 19 News. “I didn’t knowingly obtain everything illegal. I went to a store to try to help me with an issue I have.”

According to the DEA, “Any displays, sale or solicitation of CBD oil is illegal and individuals involved are subject to federal investigation and prosecution.”

Stores Liable to Federal Raids

Cleveland 19 News found that in some states including Texas, police raid stores that sell CBD oil. That hasn’t happened yet in Ohio. The DEA doesn’t say why, but technically it’s possible.

From Faulkner’s case, it’s clear individuals can be arrested and tried for its possession.

“I have an ankle monitor on right now,” Faulkner said. “I have to go check in with probation. I spent four days in jail. This is impacting my life seriously, for something I bought in at the store to just try to help my anxiety.”

How to Use CBD Oil Legally in Ohio

To legally use CBD or marijuana in Ohio, you must be a recommended medical marijuana patient with authorization. Patients must be recommended and approved for an Ohio Medical Marijuana card by a medical marijuana recommending doctor authorized by the State of Ohio to issue a card. The card system is expected to start soon.

Dr. Blatman is an authorized Medical Marijuana recommending doctor in the state of Ohio.

To qualify for a recommendation, you must have one of the following conditions:

• AIDS
• Amyotrophic lateral sclerosis
• Alzheimer’s disease
• Cancer
• Chronic traumatic encephalopathy
• Crohn’s disease
• Epilepsy or another seizure disorder
• Fibromyalgia
• Glaucoma
• Hepatitis C
• Inflammatory bowel disease
• Multiple sclerosis
• Pain that is either chronic and severe or intractable
• Parkinson’s disease
• Positive status for HIV
• Post-traumatic stress disorder
• Sickle cell anemia
• Spinal cord disease or injury
• Tourette’s syndrome
• Traumatic brain injury
• Ulcerative colitis

Do You Qualify for a Medical Marijuana Card?

If you have one of those conditions and would like to try medical marijuana treatment, give us a call. Dr. Blatman can make a full assessment and determine if such a recommendation is appropriate.