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Can Possessing CBD Oil or Other CBD Products Get You Arrested?

While most of America recognizes the powerful benefits of marijuana and CBD products, many states remain yet to see the light. Unfortunately, this results in confusing rules and regulations concerning what is legal and what is not.

Furthermore, it’s extremely important to understand the legalities of marijuana and CBD oil/products prior to purchasing them, especially if you plan on crossing state lines. Let’s take a closer look at the current legal landscape.

Are CBD oil/other products legal?

This question depends on whether you’re referring to CBD from hemp or marijuana. According to the 2018 Farm Bill, the U.S. Congress made CBD from hemp legal nationwide. Please note that individual states may treat CBD from hemp differently, so make sure to check your local law. However, CBD derived from marijuana still remains illegal under federal law.

In Michigan, CBD products derived from hemp or marijuana are both legal. The recent passage of laws legalizing cannabis in Michigan opened the doors for all legal-aged individuals (21 and over) to possess cannabis and CBD related products. At this time, only those with a valid Michigan Medical Marijuana card may purchase THC products. There are no legal sales of THC products to those without a valid Michigan Medical Marijuana card. True CBD oil derived from hemp is more widely available as it does not contain THC.

Although you may purchase and possess these items in Michigan, you must remain careful about transporting and possessing these products in other states. Marijuana and CBD derived from marijuana are both illegal federally. Therefore, you cannot possess them on federally owned or operated land (think national parks, federal buildings, etc.). Additionally, it’s necessary to check the laws in the state you travel to prior to leaving.

Am I going to get arrested for possessing CBD products in another state?

If the law in the state of your travel does not allow for CBD products derived from hemp or marijuana, it’s highly advised that you don’t travel with it. In fact, it’s incredibly important to know exactly what you are transporting.

For example, police recently arrested a 69 year old great-grandmother from North Carolina at Disneyland for possession of CBD oil. Her doctor prescribed the CBD oil for pain. She took the CBD oil with her to Florida, where security officers detained her after seeing the bottle labeled “Select CBD” in her purse. Officers field tested the substance which revealed the presence of THC.

Subsequently, the police arrested the woman for possession of hashish, which is a felony, and given a $2,000 bond. Luckily, cooler heads eventually prevailed and the charges were dropped. However, no one wants to get caught up in such an embarrassing and costly legal battle.

You should only buy products from state-licensed, laboratory tested facilities. Otherwise, you may not know what substances you’re carrying or their legal ramifications.

How do I avoid getting arrested for possession of CBD products?

Stay smart and use your common sense. If the state you’re traveling to forbids the possession of these products, leave them at home. Also, only purchase CBD products from facilities that rigorously test their products.

Not only is it smart to know what you’re putting in your body, but it may save you from a hefty legal bill or a criminal record. If you are in Michigan, adults 21 and over are allowed to possess these products.

I’m on probation in Michigan. Can I use CBD products without being violated?

True CBD products from hemp contain untraceable amounts of THC. Therefore, you can use these products without fear of a violation for failing a drug test. However, you are ultimately responsible for what you put in or on your body.

If the “CBD Oil” you ingest contains THC, regardless of your knowledge, you will be at risk for getting arrested. Furthermore, you must carefully research any facility from which you purchase CBD products.

Attorney Morris has enjoyed a very successful and distinguished career as a trial lawyer providing high quality legal representation in the area of state and federal criminal defense for 20 years. He is known for his trial preparation by fellow attorneys, judges and clients alike. As a trial attorney, he is dedicated to attaining justice in every case, and is prepared to take on complex legal issues with success. Barton and his law firm pride themselves on obtaining results for their clients that other attorneys cannot.

Not only does Barton Morris have extensive experience, he also engages in continuing legal education to provide the highest quality legal services. Barton has received specialized scientific training through the American Chemical Society. He attended the prestigious Trial Lawyers College and serves on its Alumni Association Board of Directors. Barton Morris is also a board member of several distinguished legal associations including the Michigan Association of OWI Attorneys, and the DUI Defense Lawyer’s Association Justice Foundation. He is also an active member of the National Association of Criminal Defense Attorneys and has also graduated from their National Criminal Defense Trial College in Macon, Georgia.

Barton Morris was chosen as a Top Lawyer of Metro Detroit for 2012, 2013, 2014, 2019 and 2020 for DUI/DWI and criminal defense by DBusiness Magazine and Hour Magazine. Barton Morris was also chosen as a Super Lawyer in Criminal Defense for 2014-2020 and Barton Morris is the only Lawyer in Michigan designated by the American Chemical Society as a “Forensic Lawyer-Scientist”

More Michiganders and more offenses than ever qualify for expungement under Michigan’s new laws. Learn how you can benefit from them and start the process now.