During a recent press conference, Alabama’s Chief Assistant District Attorney, Angie Hamilton, stated that authorities would be cracking down on the sale of CBD oil, hemp, or any other part of the cannabis plant. Hamilton stated that there was some confusion around CBD oil specifically, as people were being misinformed that it is legal in the state when in fact, it is not. Due to a large amount of the oil being sold and distributed throughout the state, she stated that actions are now being taken to stop it.
Law enforcement officials, particularly those in drug units, have been learning that many businesses, particularly convenience stores and smoke shops, are selling CBD oil. Individuals wishing to purchase these items are being told that it is not illegal because it does not contain the cannabinoid THC that makes a person get high.
However, Tim Glover, director of the Lauderdale County Drug Task Force says this is not the point. The point is that any part of the marijuana plant is illegal in Alabama. The only exceptions, in the case of CBD oil, are those that use it under Carly’s Law or Leni’s Law.
Carly’s Law states that only individuals suffering from a debilitating illness and are also involved in a study by the University of Alabama-Birmingham are allowed to consume CBD oil. That oil also has to contain less than 0.3 percent THC.
Leni’s Law on the other hand, also covers those with a debilitating illness but in this case, it can be prescribed by a doctor. CBD oil used under Leni’s Law can also contain less than 0.3 percent THC.
“As the entire country becomes more educated about certain marijuana use, particularly CBD oil, it is clear that Alabama is behind the times,” says Mark Polson of Polson & Polson, P.C. “This oil has been proven to greatly help those that need it, and that includes more than just those with a debilitating illness. Those that try to help by selling it should not be punished by being thrown in jail.”
That may be exactly what ends up happening. Hamilton stated in the press conference that the stores selling illegal CBD oil would first be sent cease and desist letters indicating that they need to stop selling the oil. If they continue to sell it after that point, Hamilton made it clear that arrests will be made.
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