SMH. No, Officer, CBD Is NOT Illegal. Sorry...

Posted on March 27, 2018

All charges have been dropped against 23 business owners accused of allegedly selling illegal “synthetic drugs” after no evidence could be presented by either the DA nor the Tennessee Bureau of Investigation (TBI) that the CBD-infused products were produced from marijuana and not industrial hemp.

Did you guys hear about this? Back in mid-February, PotNetwork, a publication owned by Diamond CBD’s parent company reported on an incident that took place in Tennessee’s Rutherford County where state police raided and padlocked 23 businesses selling CBD-infused gummies. Come on, really?

In an embarrassing show of ignorance of the facts, the sheriff went on TV claiming that the stores were selling “illegal synthetic drugs” that kids use to “get high.” Excuse me?

Three things here:

  1. CBD made from Hemp is not illegal
  2. CBD is not a “synthetic drug”
  3. CBD couldn’t get a fly high

Operation “Candy Crush” as the sheriff called the big sting indicted 18 people on charges of selling controlled substances. A news release was posted on the department’s Facebook page which included photos of the confiscated products.

Apparently, some concerned - and ill-informed - parents in the area called police in to investigate what they thought was marijuana extracts being sold illegally. Undercover detectives bought the CBD-infused products at each of the stores. Lab tests showed there was, indeed, CBD in gummy bears, gummy worms, and other candy-like products. Each suspect was charged with at least one count of felony sale and possession of illegal drugs.

CBD = Case Been Dismissed!

In the courtroom, it took all of a few minutes for the mistake to become clear to the Judge who summarily dismissed the case and dropped all charges.

Lawyers in the case simply pointed out that the TBI did not consider the possibility that the CBD in the items being sold were derived from industrial hemp. And food products made with industrial hemp are perfectly legal in Tennessee (and everywhere else in the country, for that matter).

The charges were dropped after the TBI provided zero evidence that the items being sold did, in fact, contain illegal drugs.

The follow-up statement by the DA’s office reads:

"The District Attorney's office initiated actions to enforce the law in this case because the TBI assured us that the items being sold at various businesses in Rutherford County were infused with illegal controlled substances."

The TBI responded with the following, somewhat cryptic statement:

"The role of the Tennessee Bureau of Investigation in laboratory analysis is to objectively analyze submitted evidence. We make no determination of the legality of situations involving the evidence we examine, and, in fact, our Forensic Scientists are rarely aware of the circumstances involving the evidence submitted for analysis… TBI lab reports objectively determine the compound present, but in no way are statements of compound origin, circumstances of possession, or guilt or innocence. Though we identified the substance and the relevant schedule, we made no determination about the legality of the substance or the circumstance in Rutherford County. That was a decision solely made — as in all cases — by the local agency and District Attorney General."

Blah, blah, blah...

In the end, neither the TBI nor the DA’s office had any proof whatsoever that the products were non-compliant, and no evidence was ever presented to bolster any of the charges in the case. (Hint. That’s because there wasn’t any because CBD is not illegal.)

So, next time you hear something on the news about some ill-informed law enforcement agency busting someone for CBD, fear not. You are not breaking the law by using CBD.

We all need to work together to continue to inform the "Reefer Madness" contingent that CBD is not a drug, it’s not made from marijuana, it doesn’t get you high, and busting people for it is just a big fat waste of taxpayers’ money.

(I wonder if they’ve taken down that Facebook post. SMH.)

All charges have been dropped against 23 business owners accused of selling illegal “synthetic drugs” after no evidence could be presented by either the DA nor the TBI that the CBD-infused products were produced from marijuana and not industrial hemp. #cbd #cannabidiol #cannabis #hemp #prohibition