An Indiana man was overwhelmed with emotion this week when a county court dismissed his case.
“This is the best day of my life,” he told WTHR, which has been reporting on Ndiaye’s case and the confusion surrounding CBD laws in Indiana.
Mamadou Ndiaye was facing jail time and a $1,000 fine for marijuana possession. But Ndiaye possessed only CBD oil – a substance that was legalized by the state legislature last month. Thanks to the new CBD law, the prosecutor and judge both decided to dismiss the case.
“It would not be an appropriate use of federal resources to go after a mother because her child has epileptic seizures and has found something that can help and has helped. Are they breaking the law? Yes, they are. Are we going to break her door down? Absolutely not. And I don’t think she’ll be charged by any U.S. Attorney,” DEA spokesperson Rusty Payne told the Indiana news station.
Then, there’s HIA v. DEA – a lawsuit by a hemp trade association that challenges the agency’s classification of CBD as a Schedule I substance. Federal judges at the Ninth Circuit Court of Appeals heard oral arguments in the case earlier this year. Clearly, attorneys representing hemp businesses have a different interpretation of federal law than the DEA.
Early 20th Century: In the early 1900s, increased Mexican immigration to America introduced marijuana to locals, as they used it for calming and medicinal benefits. But the THC in marijuana produced psychoactive effects and, due to public health concerns, politics, and prejudice, all cannabis products, including hemp, became suspect.
1937: The Marihuana Tax Act of 1937 was passed, banning the cultivation of marijuana and hemp in the United States, despite their varying effects and uses.
Why There’s Confusion Surrounding CBD
Such jurisdictions include Oklahoma, Illinois, Indiana, Kentucky, Colorado, Alaska, South Carolina, Rhode Island, North Carolina, Oregon, New York, Missouri, Maryland, Wisconsin, Vermont, Utah, Tennessee, and Texas.
The Farm Bill package encapsulates an extensive range of programs ranging from consumer protection to farmer subsidies. On a federal level, the 2018 Farm Bill legalized cultivating hemp plants containing 0.3% THC content.
These states don’t have explicit prohibitions regarding how industrial hemp-derived CBD products are sold. But recent pronouncements and law enforcement actions raise a bit of risk.