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Can Virginians possess products containing CBD oil?

The use of marijuana for medicinal purposes is becoming more acceptable to many in the United States, with 23 states legalizing the use of medical marijuana. However, marijuana use is still illegal on a federal level. Virginians may understand that smoking “weed” is against the law, but they may wonder if these bans extend to products such as oils containing cannabidiol (CBD), a compound found in the marijuana plant.

People may want to use CBD to treat anxiety, seizures and pain. However, CBD is still a Schedule I drug on the federal level. Per the U.S. Drug Enforcement Administration (DEA), CBD oil does not have an acceptable medicinal use and the possibility of abuse of the substance is high. This classification applies not just to CBD oil, but to all products deriving from marijuana plants.

There may be a partial exception to this law. The U.S. Food and Drug Administration (FDA), has given its approval for a drug that contains CBD to treat a certain type of pediatric epilepsy. The DEA has determined that this specific drug will not be considered a Schedule I drug, but instead will be deemed a Schedule 5 drug, which applies to those drugs that have the least chance for addiction and abuse.

Like federal law, as of right now marijuana is illegal in Virginia, even for medicinal purposes. This includes products that contain CBD. This means people who use products containing CBD in Virginia could still face possession charges. As the public movement towards accepting marijuana gains steam, it will be interesting to see if these laws in Virginia will change in the future. Until then, Virginians will want to make sure they understand the laws surrounding marijuana use in the commonwealth.

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