CBD is a new health supplement with astounding therapeutic potential in a number of disorders and diseases, so why has the U.S. army banned members from using it?
Today, we’ll update you on everything you need to know about if CBD is legal and if CBD could cause you to fail a drug test.
We’ll also cover the recent banning of CBD Hemp supplements by the U.S. Army and discuss what it could mean for military members.
CBD when you work in the Military
Recently, confusions surrounding CBD has led the U.S. Army to ban the supplement for soldiers, even after admitting that isn’t harmful.
Official claims report that some 60 patients with symptoms including headaches, nausea, vomiting, palpitations, dilated pupils, dizziness, and disorientation, agitation, and seizures have been seen recently at two U.S. army medical centers in North Carolina.
According to the report by the Army Public Health Center, “Although pure CBD oil has not yet been associated with adverse health effects. CBD vape oils may contain synthetic cannabinoids, concentrated Tetrahydrocannabinol (THC), and/or synthetic cannabinoids.”
The symptoms of the 60 patients are indicative of synthetic cannabinoid use, which is essentially synthetic-THC isolate made in a laboratory.
However, the Army has used this opportunity to make an outright ban on CBD for soldiers per Army Regulation 600-85.
This regulation prohibits the use of Hemp or products containing Hemp oil, along with CBD oil, and anything else possibly related to Cannabis, Hemp, or synthetic cannabinoids.
Soldiers & Spice
Synthetic cannabinoids are highly toxic and can cause severe side effects. They are typically sold online as fake marijuana called “spice” and marketed as “therapeutic incense – not for human consumption”.
Soldiers are no doubt under severe stress from life in the Army, and CBD could be greatly beneficial in a number of ways for U.S. soldiers.
However, because of the confusion around CBD, some resort to using synthetic drugs like spice or legal prescription pharmaceuticals like opioids, as a way around drug testing.
Under military regulations, service members are prohibited from using CBD, or even just hemp oil. To find out about CBD & drug testing, keep reading.
Let’s take a look at CBD under current federal regulations.
Is CBD Legal?
Hemp prohibition is a recent phenomenon. During WWII, the U.S. government encouraged farmers to grow hemp and even allowed taxes to be paid in hemp.
However, it was outlawed due to its relation with marijuana and the shift of using cheaper textiles from China in the mid 20th century.
It wasn’t until 2014 that hemp was able to make its return to being legally sowed in U.S. soil.
The 2014 Farm Bill
The 2014 Farm Bill included provisions allowing for state and higher learning institutions to apply for federal pilot study programs to grow hemp for research purposes.
The wording of the regulation created a loophole that placed CBD into the legal food and health supplement category, opening the floodgates for what looks to become a multi-billion dollar global industry.
2004 HIA vs. DEA Ruling
10 years prior to the 2014 Farm Bill, the 9th Circuit Court of Appeals ruled in favor of the Hemp Industries Association versus the DEA.
At the time, the DEA was trying to make rules that would group CBD with marijuana as a Schedule 1 substance.
In the case, the judge ruled that the DEA had no authority to regulate drugs that are not scheduled, which is still upheld and could hold future precedent.
DEA’s New Rule on Cannabis & Hemp Extracts
Yet, in early 2017 the DEA put into effect a rule that would establish a new drug code specifically for hemp derived cannabinoid extracts such as CBD oil.
The rule attempted to suggest that CBD oil would be categorized the same as marijuana and THC, which is a Schedule 1 substance, according to the DEA.
In essence, the DEA has said that any extract from Hemp or Cannabis is a Schedule 1 substance, but they also say the new ruling is purely administrative.
Hemp Industry Association Appeals Going To The Supreme Court
An appeal by the HIA of the DEA’s final ruling was denied due to “procedural grounds” and a judicial review was never given.
However, according to the 2004 9th Circuit Court ruling, under U.S. law the DEA has no authority to regulate drugs that are not yet scheduled.
These types of decisions must be overseen by Congress and other agencies.
Under the 2014 Farm Bill, those with federally approved applications for pilot studies are the only entities exempt from the DEA’s rule on Cannabis and Hemp Extracts.
The Hemp Farming Act of 2018
However, the HIA’s appeal could still be heard by petitioning the Supreme Court and according to the petitioners, this will be the case.
Americans may not have to wait for the case of CBD Hemp Extract to go the Supreme Court. Currently, the U.S. Senate negotiates the 2018 Farm Bill, which is set to include the Hemp Farming Act of 2018.
If passed, it would create a legally regulated Hemp Industry at the federal level, setting the legality of CBD Hemp Extract in stone once and for all.
For now, CBD manufacturers are protected under certain statutes of the law. But this is still a developing area and even the most recent denial of appeal includes notes suggesting that the DEA ruling is not to be held as precedent.
CBD & Drug Tests
All of the confusion surrounding CBD Hemp, including the banning of it by the U.S. Army, has led to many people wondering:
Will CBD cause me to fail a drug test?
Thousands of people are using CBD as a safe and effective remedy for chronic pain, anxiety, and other severe conditions.
Many people taking CBD also claim that the supplement has put their cancer or Crohn’s, and other diseases, into remission.
Yet, people are still unsure if CBD will cause them to fail a drug test. For fear of losing their job, insurance, scholarships, parental custody, or worse, many are choosing to refrain from trying CBD even though it could help them.
What you need to know about CBD and drug testing
Drug tests are not designed to detect CBD, also known as cannabidiol. Marijuana drug tests are designed to detect as little as 50ng/ml of THC in urine.
As long as your CBD oil or product contains zero THC content, you will not test positive for THC. To ensure that your CBD oil contains zero THC content, always ask for the third party lab results when possible.
To learn more about what types of CBD products might contain CBD or put you at risk of failing a marijuana drug test be sure to read out article all about CBD & Drug Tests linked here.
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