New guidance on CBD offered

This notice has been updated to reflect recent action by the U.S. Congress regarding cannabidiol (CBD) derived from industrial hemp.

On Dec. 12, 2018, the U.S. House of Representatives gave final passage to the Agricultural Improvement Act of 2018(i) which is expected to be signed into law.

This bill contains a provision legalizing industrial hemp, beyond the existing pilot programs passed by Congress in 2014. As a result of this Congressional action, CBD derived from industrial hemp, with a THC concentration of not more than .3% on a dry weight basis, can be legally produced, sold, and possessed in the State of Alabama.

However, as stated in the bill, the new federal law will not prevent states from adopting laws to restrict or regulate the production of industrial hemp.

Furthermore, prescription drugs and other consumables containing CBD will be regulated by the U.S. Food and Drug Administration. The guidance below still applies to CBD derived from marijuana or CBD derived from hemp with above a .3% (three one-thousandths) THC concentration on a dry weight basis.

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