Ron Strider
Well-Known Member
When state lawmakers passed HEA 1148 in this year's General Assembly session, the use of cannabidiol, or CBD, in Indiana didn't exactly become legal – but its possession was no longer a crime for certain individuals.
"The bill doesn't address the legalization of any substance," says Rep. Bill Friend, (R-Macy), who authored the legislation. "It only provides immunity from prosecution for the patients of resistant epilepsy and their families and caregivers and the physicians who prescribe it."
HEA 1148 also required the Indiana State Department of Health (ISDH) to create a registry of patients prescribed CBD and the caregivers responsible for administering it. According to Friend, ISDH just recently finished establishing the registry. The Indiana State Police is also working with the health department on the use of the registry for referencing.
However, the legislation did not offer any clarification as to where and how CBD, which is typically found in oil form, could be purchased. CBD isn't something that is approved and regulated by the U.S. Food and Drug Administration. CBD isn't produced by big pharmaceutical companies like Eli Lilly, Pfizer or GlaxoSmithKline. It's considered an herbal remedy.
In states where medicinal marijuana is legal, CBD is readily available at dispensaries where other approved cannabis products are sold. However in Indiana, medical marijuana isn't legal. But industrial hemp products – products that contain less than 0.3 percent THC – are legal. CBD is an industrial hemp product, however the government label of all cannabis regardless of THC levels and the stigma around the plant – and as a result CBD – has been the cause of confusion over understanding the differences for decades.
The confusion over CBD and access to it came to the forefront last week when the Indiana State Excise Police conducted a raid of a Southside Fresh Thyme store, clearing the shelves of its inventory of CBD oil. The grocery chain is known for selling a wide variety of herbal supplements and remedies in addition to its selection of fresh produce and grocery items. Fresh Thyme and other stores like it (Whole Foods, The Fresh Market, etc.) are known to carry industrial hemp products like lotions, soaps and several edible items made from the hearts of hemp seeds.
When NUVO asked the Excise Police about the Fresh Thyme raid, the laws used to justify the action and the law enforcement agency's understanding of the HEA 1148 as it relates to the sale and distribution of CBD, Public Information Officer Heather Lynch stated that most of the questions asked required legal analysis. However Lynch did say that while CBD hadn't been high on the radar for excise police, other cannabis-related products have been confiscated.
"The Indiana State Excise Police have taken similar action against some tobacco stores; but, for different product configurations (gummies and vape oil) than were confiscated from the Fresh Thyme stores," said Lynch.
Friend also began to hear from constituents following the Fresh Thyme incident and followed up on the results of his legislation. He also spoke with Governor Holcomb and representatives from the Indiana Alcohol and Tobacco Commission (ATC). The State Excise Police is the law enforcement division of the ATC. The end result is expected to be a positive reaffirmation of state law.
"I expect the ATC to put out a directives statement soon," says Friend. "Products with 0.3 percent or less THC can remain on the shelves and is legal and marketable."
Lynch confirmed that the ATC is working on a statement, but couldn't confirm the content of the statement, which had not been released before NUVO went to press.
The laws regarding industrial hemp products is not related to Friend's legislation regarding CBD and resistant epilepsy. ISDH will continue forward on the registry for resistant epilepsy patients and caregivers. But the clarification of the law opens the doors for more people.
"With a THC level 0.3 percent or lower, it would be available to anyone and without a registry," says Friend.
Since the passage of HEA 1148, Friend says he has been contacted by several people regarding the use of CBD oil reaching beyond the scope of resistant epilepsy. He says folks suffering from Parkinson's disease and other neurological disorders have presented information on the benefits of CBD. Friend says he wishes big Pharma would sit up and pay attention as well.
"I wish the pharmaceutical companies would get on the bandwagon and help out with the product," says Friend. "If this plant is so great and has so many benefits, there should more research and development behind it."
Currently, Purdue University is the only entity in the state that is legally allowed to grow and cultivate cannabis for research through the Purdue Hemp Project. However Purdue's research is only based in growth and cultivation – the project examines the conditions in which certain types of hemp grows, what produces an successful crop and problems (insects, fungus, etc.) may hamper crop production. Staying true to its mission and history in agricultural research, Purdue hopes to be the educational resource for the ag community if and when industrial hemp becomes a legal commodity in the U.S.
News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: CBD oil law clarification needed after product seizure at grocery store | News | nuvo.net
Author: Amber Stearns
Contact: Contact Us | Site | nuvo.net
Photo Credit: GETTY IMAGES
Website: nuvo.net | Indy's Alternative Voice
"The bill doesn't address the legalization of any substance," says Rep. Bill Friend, (R-Macy), who authored the legislation. "It only provides immunity from prosecution for the patients of resistant epilepsy and their families and caregivers and the physicians who prescribe it."
HEA 1148 also required the Indiana State Department of Health (ISDH) to create a registry of patients prescribed CBD and the caregivers responsible for administering it. According to Friend, ISDH just recently finished establishing the registry. The Indiana State Police is also working with the health department on the use of the registry for referencing.
However, the legislation did not offer any clarification as to where and how CBD, which is typically found in oil form, could be purchased. CBD isn't something that is approved and regulated by the U.S. Food and Drug Administration. CBD isn't produced by big pharmaceutical companies like Eli Lilly, Pfizer or GlaxoSmithKline. It's considered an herbal remedy.
In states where medicinal marijuana is legal, CBD is readily available at dispensaries where other approved cannabis products are sold. However in Indiana, medical marijuana isn't legal. But industrial hemp products – products that contain less than 0.3 percent THC – are legal. CBD is an industrial hemp product, however the government label of all cannabis regardless of THC levels and the stigma around the plant – and as a result CBD – has been the cause of confusion over understanding the differences for decades.
The confusion over CBD and access to it came to the forefront last week when the Indiana State Excise Police conducted a raid of a Southside Fresh Thyme store, clearing the shelves of its inventory of CBD oil. The grocery chain is known for selling a wide variety of herbal supplements and remedies in addition to its selection of fresh produce and grocery items. Fresh Thyme and other stores like it (Whole Foods, The Fresh Market, etc.) are known to carry industrial hemp products like lotions, soaps and several edible items made from the hearts of hemp seeds.
When NUVO asked the Excise Police about the Fresh Thyme raid, the laws used to justify the action and the law enforcement agency's understanding of the HEA 1148 as it relates to the sale and distribution of CBD, Public Information Officer Heather Lynch stated that most of the questions asked required legal analysis. However Lynch did say that while CBD hadn't been high on the radar for excise police, other cannabis-related products have been confiscated.
"The Indiana State Excise Police have taken similar action against some tobacco stores; but, for different product configurations (gummies and vape oil) than were confiscated from the Fresh Thyme stores," said Lynch.
Friend also began to hear from constituents following the Fresh Thyme incident and followed up on the results of his legislation. He also spoke with Governor Holcomb and representatives from the Indiana Alcohol and Tobacco Commission (ATC). The State Excise Police is the law enforcement division of the ATC. The end result is expected to be a positive reaffirmation of state law.
"I expect the ATC to put out a directives statement soon," says Friend. "Products with 0.3 percent or less THC can remain on the shelves and is legal and marketable."
Lynch confirmed that the ATC is working on a statement, but couldn't confirm the content of the statement, which had not been released before NUVO went to press.
The laws regarding industrial hemp products is not related to Friend's legislation regarding CBD and resistant epilepsy. ISDH will continue forward on the registry for resistant epilepsy patients and caregivers. But the clarification of the law opens the doors for more people.
"With a THC level 0.3 percent or lower, it would be available to anyone and without a registry," says Friend.
Since the passage of HEA 1148, Friend says he has been contacted by several people regarding the use of CBD oil reaching beyond the scope of resistant epilepsy. He says folks suffering from Parkinson's disease and other neurological disorders have presented information on the benefits of CBD. Friend says he wishes big Pharma would sit up and pay attention as well.
"I wish the pharmaceutical companies would get on the bandwagon and help out with the product," says Friend. "If this plant is so great and has so many benefits, there should more research and development behind it."
Currently, Purdue University is the only entity in the state that is legally allowed to grow and cultivate cannabis for research through the Purdue Hemp Project. However Purdue's research is only based in growth and cultivation – the project examines the conditions in which certain types of hemp grows, what produces an successful crop and problems (insects, fungus, etc.) may hamper crop production. Staying true to its mission and history in agricultural research, Purdue hopes to be the educational resource for the ag community if and when industrial hemp becomes a legal commodity in the U.S.
News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: CBD oil law clarification needed after product seizure at grocery store | News | nuvo.net
Author: Amber Stearns
Contact: Contact Us | Site | nuvo.net
Photo Credit: GETTY IMAGES
Website: nuvo.net | Indy's Alternative Voice