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Are CBD Oils Legal in Illinois?

Posted in Drug Crimes on Tuesday, May 14th, 2019

Some states have legalized marijuana and its byproducts for both medicinal and recreational purposes. In Illinois, marijuana use is legal for treating certain health conditions but requires a doctor’s prescription. However, you may have noticed CBD oils and other products listed online or available for purchase in local stores. It is a product that is getting plenty of attention and advocates claim it has numerous health benefits, but it is important to be aware of the legalities to avoid facing criminal drug charges.

Legal CBD Products

Cannabidiol (CBD) is a byproduct of the cannabis plant. According to Project CBD, numerous studies show that it is safe to use, non-addictive, and useful for treating everything from anxiety disorders to cancer and other major diseases. However, not all CBD products in Illinois are legal.

Whether CBD oils, tinctures, or edibles are ordered online, brought in from other states, or purchased over the counter are approved for the general public or require a doctor’s prescription depends on the level of tetrahydrocannabinol (THC). THC is the active ingredient that gives users the ‘high’ associated with marijuana usage. Legal CBD oils may only contain up to .03% THC. Anything over that amount must be obtained through a dispensary and without a valid prescription, could result in criminal drug charges.

Illinois Hemp and Marijuana Law Reforms

CBD advocates won a major victory in the summer of 2018 with the passage of the Industrial Hemp Act. The Act makes it legal for farmers in Illinois to cultivate hemp plants for the purpose of making CBD products and selling them here and in other states. Hemp is also a part of the cannabis family of plants but vastly different than marijuana in terms of having a low THC content. In addition to being used to make CBD oils, it can be used for a variety of other purposes.

At the same time, those who advocate for more expansive marijuana laws in Illinois are inching closer to their goal, as well. According to a February 2019 news report in the Chicago Tribune, State Representative Carol Ammons (R-Urbana) introduced a bill that would allow local businesses to obtain a license to sell marijuana, which has the higher THC level, for recreational use while also allowing residents to grow up to 24 plants at home. It is unlikely to pass, but represents an ongoing trend toward decriminalizing marijuana in Illinois.   

Get Help From Our Will County Drug Crime Attorneys

If you are facing drug charges over possession of marijuana or hemp oil, Sabuco, Beck, Hansen & Massino, P.C. provides the strong legal defense you need. Contact our Will County drug crime attorney and request a consultation today.

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