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Just a few months ago, the CBD and hemp industry was given added legitimacy when President Trump signed off on the Hemp Farming Act, as part of the 2018 Farm Bill. With the signing of this bill, low-THC cannabis products have been removed completely from direct review or regulation under the Controlled Substances Act. While previous legislation had already carved out exceptions for low-THC products that were under 0.3% THC-content, this new law served to clarify that hemp was legal to grow and transport across state lines. In addition, the law is also providing hemp farmers with rights and federal agricultural grants previously denied to them. They now also have access to the national banking system as well as the right to marketing, agronomy research and crop insurances, all important advantages to grow and expand the hemp industry into a legitimate agricultural commodity.

In short, the hemp industry has been formally legalized on a federal level, but problems and roadblocks still exist. Additionally, much remains murky about how products are tested, how to prove THC content below 0.3%, what claims can be made my hemp foods and nutritional supplements, and what oversight is still held by federal agencies. For the hemp industry to truly flourish, these products must be allowed to flourish in the market, not be restricted by inaccurate and outdated federal bureaucracy and red-tape.

ENTER THE FDA

Even though the bipartisan support for hemp culminating in the signing of the Farm Bill was a big win in the eyes of both the hemp and CBD industries, the Federal Drug Agency (FDA) rained on the parade when they came out with an official FDA statement regarding cannabis shortly after. The gist of it is that:

  1. Under section 351 of the Public Health Service Act, they stated that they still hold the authority to regulate and control cannabis derived products and compounds because, as defined under this section, they consider cannabis to be a medicine. As such, cannabis and cannabis derived compounds will be subject to the same requirements as do any other FDA-regulated products (i.e. medicines), regardless of if it is being marketed or sold as a food or dietary supplement.
  2. The FDA “…continue(s) to be concerned at the number of drug claims being made…” about cannabis and cannabis derived products, and that any products making therapeutic claims need to be approved by them before they may be sold. Any cannabis and cannabis derived products that make any therapeutic claims are considered by the FDA as being a new drug, requiring registration and approval. This means that they have to go through the FDA drug approval process and clinical trials.
  3. Most critically for the hemp industry, the FDA finds it “…unlawful under the FD&C Act to introduce food containing added CBD or THC into interstate commerce, or to market CBD or THC products as, or in, dietary supplements, regardless of whether the substances are hemp-derived.” The FDA also considers CBD products that claim to be supplements as being in violation of the FD&C Act because they were marketed as dietary supplements or involved the addition of CBD.

Basically, to boil it all down to this: the statement by the FDA makes it clear that they see CBD as a drug, or if not exactly a drug, something that they still have authority over. While the FDA has always had authority over drug-related health claims, this statement appeared to indicate that the FDA believes their authority extends even further, allowing them to pre-emptively ban CBD products or even arbitrarily reclassify them as medications.

Nice for them, but many would argue that the FDA is somewhat overreaching and that, in the greater scheme of things, they are not only wrong about CBD, but also wrong about what they are really capable and permitted to do about CBD. While removing the DEA from having oversight under drug laws certainly freed the hemp industry from one source of regulatory risk, the FDA still remains a dangerous threat to the hemp industry if they are allowed the power to restrict the booming hemp and CBD market. The FDA’s public proclamations that they have the authority to arbitrate whether cannabidiol can be marketed as a dietary supplement or added to food for health benefits, are cause for concern. This is particularly concerning when the FDA has already been ruled against by the Supreme Court numerous times for overstepping their authority when it comes to these products, and their protection under the Dietary Supplement Health and Education Act of 1994.

THE “LOOPHOLE”

Prior to 1994, a patchwork of different laws and rules governed how vitamins and supplements could be sold, and how they were treated differently than prescription medications In the late 1980’s and early 1990’s the fear was real when the Nutrition Advertising Coordination Act of 1991 was suggested. In this bill the FDA would have gained a considerable amount of power in regulating nutritional supplements – including making it illegal to advertise nutritional or therapeutic claims as well as increasing the FDA’s enforcement powers and penalties. Included in these powers would have been making common vitamin and mineral supplement go through the same approval process and federal registration as pharmaceutical drugs, with the associated cost increases being passed on to the consumer.

In response, health-food industry banded together to lobby government and Congress to vote down the laws and to “preserve the consumer’s freedom to choose dietary supplements.”

The result was the Dietary Supplement Health and Education Act of 1994 (DSHEA), a landmark piece of legislation which defined what dietary supplements are, their labelling requirements, and most importantly, that supplement manufacturers do not need to receive FDA approval before producing and selling dietary supplements that were marketed in the United States before 1994. If you have ever bought vitamins or supplements at your local grocery or health food store, and didn’t have to show a prescription or speak publicly to a doctor before you were allowed to purchase them, then you have DSHEA to thank for that freedom.

Simply put, DSHEA not only protects the rights of consumers to make their own decisions about dietary supplements like Vitamin C, melatonin or a daily multivitamin, but to a large extent, it also protects the ability of responsible CBD brands to bring their products to market. Despite the FDA’s public statements to the contrary, there is no question that hemp-based products were promoted as supplements and food products long before 1994 (media references are made to hemp farming by our founding fathers in their writings leading up to the Declaration of Independence!). There are numerous examples of hemp being used in supplements and food products prior to 1994, and for that reason alone, the FDA’s position is suspect when it comes to any outright prohibition of CBD products as dietary supplements.

SEMANTICS

On the one hand the FDA is categorizing cannabis as well as cannabis derived products such as CBD oils, lotions and dummies as a drug. That in their eyes makes CBD products subject to all the research, testing and clinical trialing that all drugs are subjected to. On the other hand, CBD manufacturers, companies and brands are labelling, distributing and marketing CBD products as a dietary supplement, and freely marketing products that contain less than 0.3% THC nationwide.

And in doing so, they are well within their rights.

According to the DSHEA, a dietary supplement may only describe the role of a nutrient or ingredient if “it affects the normal structure of function of the human body; it characterizes the means by which it acts to maintain such structure or function; the manufacturer has proof that the claim is truthful; and that the statement includes a disclaimer”. You have likely seen this disclaimer on every bottle of vitamins or supplements you have ever used, and it lays out the language that, unlike a drug or medication, the product is not intended to diagnose, treat, or cure any disease. Any dietary supplement that does not use that disclaimer, or make claims how their product can “cure cancer” or any other impermissible claim not backed by science, is and should be regulated by the FDA. These are called structure/function claims, and dietary supplements lose the protections of DSHEA when they make impermissible health claims. There is no dispute that the FDA should and does have the authority to regulate medicinal claims. In this role, the FDA can fulfill its duty to protect consumers from bad actors, while still not extending its authority over legitimate products beyond what Congress intended.

In the end it seems that the issue is partly one of semantics – is CBD a drug or a dietary supplement in the eyes of the FDA, and what actions if any will they take? If a CBD product is going to rely on the protections and freedom associated with classification as a dietary supplement, then the product cannot also make health claims reserved for drugs. Likewise, if a CBD supplement complies with all labeling requirements and the state laws in which it is sold, the FDA should maintain a “hands-off’ approach and not overreach their constitutional authority in the face of product compliance with the existing laws.

FINAL THOUGHTS

No one disputes the FDA’s passion for wanting to protect the American public’s health and safety. In many instances the hemp and CBD industry shares the same concerns of the FDA. All legitimate CBD sellers agree that there are some bad actors out there that need to be stopped, and that drug claims or promises of “cures” for serious disease have no place in the CBD supplement industry. Nor have the cannabis and hemp industries ever disputed the need for regulation in order to ensure the health and safety of the public where dangerous or mislabeled products enter the commercial market. However, the concerning issue comes in with the FDA trying to overreach, not only in their control over the industry and its products, but also in its right and ability to enforce that control. For now, the FDA seems to have adopted a wait and see approach when it comes to actual enforcement, and to their credit, have reached out to Congress for clarification on hemp and its future. While the recent sudden resignation of the FDA Commissioner will likely delay resolution of the outstanding questions, the hope remains that the FDA will retract some of their zealous positions in favor of achieving an end result that protects people’s ability to acquire the hemp products they want for their health.

The FDA is wrong about CBD. And isn’t it maybe time they stop what seems more like an attempt at keeping their stranglehold over their pharmaceutical fiefdom, than a real concern for the health and safety of the American people?

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Some may wonder why CBD oil testing is important, or if it is even necessary. Because the government does not require any CBD supplements to be tested, some people assume (incorrectly) that there is little benefit to seeing any tests done on a CBD product, and they rely solely on the label or the promotional sales copy of the company. Unfortunately, not all CBD oils are created equal, so it’s important to have true testing performed, on every batch or lot number, by an independent third party for a number of reasons.

Hemp is a Bio-accumulator

As any farmer growing industrial hemp can attest, the hemp plant is a powerful bio-accumulator. What this means is that any chemical, fertilizer, or toxin in the soil in which it is planted, the plant will rapidly absorb it. The hemp plant roots will pull it from the ground and accumulate it in plant’s cells. This makes hemp wonderful for phytoremediation, where pollution or chemicals can actually be cleaned up from the earth by planting hemp that draws it up from the ground, cleansing the soil in the process. The hemp plant literally “soaks up” contaminants from the earth. Unfortunately, this tends to concentrate such unwanted substances in the cannabinoids of the hemp, much like sushi from fish in polluted waters can have very high levels of mercury. For this reason, it’s important to use hemp that is grown on pure farmland, to avoid getting higher concentrations of these chemicals in the CBD that is extracted. Our full-scale testing procedures check for the presence of such contaminants, both at harvest and during bottling of our CBD oils.

Labels Don’t Tell the Whole CBD Story

A recent well-publicized study indicated that 69% of CBD products were in fact mislabeled, and did not contain the amount of cannabidiol as their labels claimed. While the study only included a small number of random sellers of CBD, the news wasn’t positive. The majority of these were, of course, lower CBD content then reported on the label. While getting more CBD would usually be considered a good thing (there is no known toxicity level for CBD, even when administered in large doses orally), getting less than you paid for or was promised is unfair to the CBD buyer. That’s why we use third-party labs that certify that every batch meets or exceeds the minimum CBD content, as opposed to misleading statements about the total content of just hemp oil, but not actual CBD oil. Some bad actors will express the total amount of oil in their product as the actual amount of CBD, when in reality CBD makes up only a tiny fraction of the total oil by volume. At CBD Pure, our label clearly states the total CBD content in addition to the total hemp oil amount, so there is never any confusion about how much true CBD is in each and every bottle we sell.

By now it should be clear, third-party testing is critical to knowing what’s in your CBD product. At CBD Pure, we use the best independent testing labs in the business. Each testing lab takes multiple batch samples, and codes them to their public test results. That way you can be sure which bottles corresponds with which test results. Our labs use gas chromatography, the most accurate analysis of oil content available through modern science. We are the only CBD seller that posts public lab results showing that all of our full-spectrum oil products use full-spectrum hemp oil meet or exceed the printed CBD content in every bottle we sell, and we back that with a 90-day money back guarantee.

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CBDPure by Admin - 8M ago

By now you may be suffering from an information overload on the benefits of CBD oil. It is the alternative health super star of 2018. However, because of its close relationship with marijuana there is a lot of stigma around CBD, leaving some wondering; what exactly is it and who is using it?

By now you already know that CBD stands for Cannabidiol, it is the non-psychoactive chemical found in cannabis. It is known for its medicinal qualities, without giving the user a high or stoned feeling. After hitting the market a few years ago, CBD has changed what people think of as the stereotypical cannabis user. Even television health personalities like Dr. Oz and Dr. Sanjay Gupta have broadly endorsed its usage and safety; creating a wave of interest in the compound and its potential health benefits.

Athletes:

Athletes are constantly subject to bodily wear and tear, injury and fatigue. Long days of training and practice can negatively impact performance. Inflammation is one of the biggest issues athletes face on a daily basis. Athletes are using CBD oil for its anti-inflammatory qualities which can prevent joint injury during physical activity and reduce pain caused by swelling. Athletes are replacing Lidocaine and Bengay with CBD topical cream. The effects on recovery can be dramatic. The fact that people can not only train longer and harder, but also bounce back faster, is driving most of the popularity among athletes, from endurance runners to professional football players.

Baby Boomers:

Baby Boomers are fueling CBD’’s rapid rise in popularity, according to a 2018 AARP article. The magazine applauds the promise the compound shows for age-related health problems, and its lack of side effects make it a welcome alternative to many medications.

As we age, aches and pains get more pronounced. CBD works wonders as a pain management product. Clinical studies have shown CBD is effective in decreasing arthritis, nerve pain, as well as muscle and joint pain.

Older adults can find it difficult to achieve sustained periods of deep sleep. Not only does lack of quality sleep cause cranky mornings, but sleep quality is important to prevent age-related neurodegenerative diseases such as Alzheimer’s disease or glaucoma. Baby boomers are frequently prescribed sleeping pills, which can produce unwanted side effects. Studies have shown using CBD at night can improve sleep quality and extend deep sleep time without the negative side effects or drowsiness.

Researchers are also interested in the link between CBD and the prevention of Alzheimer’s Disease onset. Multiple studies suggest that cannabinoids can contribute to the elimination of a toxic protein related to this disease, and multiple clinical studies are being conducted to examine this link.

Adults With Anxiety:

Researchers estimate that 40 percent of adults will suffer from an anxiety disorder at some point in their life. Unfortunately many patents with anxiety have turn toward harmful, habit-forming antidepressants. Fortunately, however, CBD is notorious for its anti-anxiety properties.

CBD boosts moods and creates feelings of happiness by increasing the low serotonin levels in the brain that are associated with high anxiety. It also creates a calming effect by regulating the stress hormone cortisol. Even for those with no outward signs of high stress levels or depression, CBD has been demonstrated to have a powerful mood lifting effect on people of all walks of life.

Epilepsy Patients

The FDA recently approved a CDB-based medicine to treat seizures in children and adults with two rare but severe forms of epilepsy. Both forms – Lennox-Gastaut syndrome (LGS) and Dravet syndrome (DS) – generally develop in childhood and have proven difficult to control with other types of medication. Anecdotally, CBD has long had a positive reputation for people suffering from various conditions that result in tremors or seizures. For those with symptoms of these problems, it has long been believed that CBD and its neuroprotective effects can help ward off development of more serious problems, but much remains to be studied.

As you can see, the people that find benefit from taking CBD come from all walks of life, all health levels, and all ages. If you have dealt with any of the ailments that people use CBD for, or belong to any of the demographic groups that represent the fastest growing segments of CBD users, it may be time to test out CBD and see what it can do for you and your health.

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CBDPure by Admin - 8M ago

With all the hype about the murky line between legal and illegal when it comes to any products related to cannabis, it is no surprise that many people are unable to cite what laws free them to consume cannabis-based products. Smoking marijuana is obviously illegal at the federal level, yet many states allow recreational consumption of THC, and the number is increasing. Critics can point to the fact that federal law trumps state law (it does), so just because something is legal at one level but not another, does not make it necessarily “legal” overall. While this holds true for THC and so-called recreational marijuana, the same cannot be said for cannabidiol. CBD does have laws and regulations at the federal level that Do make it legal, and also at the state level. The following laws and regulations are why established CBD brands can legally say that they are legal in certain (or all) states.

It’s important to know that, just because one or several laws or regulations say one thing, but another law says something different, it is not always a “get out of jail free” card. A driver pulled over for smoking marijuana in a state without any recreational marijuana laws is unlikely to prevail in convincing an officer that, because it is legal in some other state than the one they are currently driving in, they should be left alone. In the case of CBD, it is helpful to know the specific laws and regulations that legalize possession of it by consumers.

Section 7607 of the 2014 Farm Bill

The Farm Bill is the primary federal law cited to support the legality of CBD products. Contrary to popular rumor, the Farm Bill doesn’t actually make legal any and all cannabidiol products, but rather only those that meet a certain standard. The CBD that the Farm Bill specifically allows is CBD derived from industrial hemp, with a total THC content below 0.3%. Industrial hemp is a bit of a legal misnomer, because it references the plant Cannabis Sativa L, the same genetic plant that can be labelled illegal marijuana. The low-THC high-CBD plants are categorized as “industrial hemp” (and thus “legal” under this law) while the higher-THC plants would not get the same protection, despite being genetically identical plants.

While the Farm Bill, as a federal law does trump state laws, an individual state law could still make something illegal if the federal law is quiet on it. Likewise, other federal laws like the Controlled Substance Act, can make certain parts or form of the Cannabis Sativa L plant illegal to possess, which is what the CSA does with respect to cannabis plants exceeding the limit for qualification as industrial hemp. If a state law makes it illegal for a consumer to possess a CBD product within the state borders, they could criminalize the local possession of that product even if the production of that product met the federal industrial hemp requirements. The Farm Bill does not address possession of a CBD product by a consumer, but rather what conditions that industrial hemp can be grown and cultivated, and even that is supposed to be under a pilot agricultural project. So, while Section 7607 is a powerful law supporting the rights to use or possess CBD, there are still state laws and court decisions that can affect the legality.

The Cole Memorandum

The Cole memorandum was a policy, but not an official law or statute, adopted by the Obama administration. What it said was, that while marijuana was still considered illegal at the federal level, there would be no money or resources spent at the federal level against recreational marijuana in states that had make it legal. What this effectively did was remove the enforcement side from the question of legality. Whether cannabis products were illegal federally was immaterial if no federal funds could be spent on any type of enforcement where the cannabis supplier or owner was in a state that had legalized, and was complying with those state laws.

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While we at CBDPure have always maintained a conservative approach when it comes to state laws regarding CBD and other cannabinoids, the 2014 Farm Bill Act has always provided legal protection for those using CBD extracted from industrial hemp. While the vast majority of states now have some type of allowance for low-THC cannabidiol (Often named after the first patients approved for treatment) a few outliers remained. A few states, notably Arkansas, Kansa, Louisiana, and Indiana, have maintained certain state-level laws or policies unfriendly to producers of CBD. These states, while not directly criminalizing the possession of CBD products, have historically added a level of uncertainty to buying and selling CBD within their borders. Recently, Indiana has left that list, with a historic new bill passing their legislature, unanimously, that once and for all ensures the rights of Indiana citizens to have access to CBD products without the need for a government waiver or permission.

Indiana is unique that the overturn of outdated laws regarding cannabis oil extracts came about precisely because of statements by Governor Holcomb that CBD was illegal in his view. This didn’t sit well with constituents, or the legislature apparently, as Senate Bill 52 fully legalizing CBD usage was quickly drafted and passed unanimously by the State Senate. A similar bill was also passed by the House, and the measure was signed into law by Governor Holcomb despite his earlier opposition to cannabidiol products. This new law cleared up confusion about the law regarding CBD usage, fully authorizing its use so long as the THC content remains below 0.3% (which all CBD Pure products comply with). New labeling draft guidelines are likely to be made public in the upcoming months.

Indiana provides a template for how confusing or restrictive state laws can be changed to guarantee access to CBD products for patients desperately seeking natural treatments for their health issues. Governor Holcomb’s negative comments about CBD initially resulted in a widespread call for action to clarify the right of Indiana residents to use CBD products, and the legislature responded almost immediately with a new law that takes Indiana from one of the most restrictive states to being one of the most open when it comes to legal CBD. In recognition of this new legislation guaranteeing access to Indiana residents, all new customers can use coupon code INDIANA15 on all CBD Pure products to get 15% off their entire purchase.

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Because word of mouth is the primary source of new customers, we strive to always deliver the best products we can, so that our users will not only become longtime customers, but will recommend CBD Pure to their family and friends as well. We greatly appreciate all the gracious support, complimentary emails, and testimonials we’ve received from CBD Pure users from all over the country, and all walks of life. We are fortunate to have a very supportive (and vocal) base of customers who help us grow our company. In response to numerous suggestions and requests from our clientele, we are announcing the launch of our CBD Affiliate Referral Program.

If you are not familiar with how an affiliate program works, the details are pretty straightforward. People who wish to promote products, like our CBD Pure line, sign up for free for an affiliate program that pays them a commission anytime a customer that they referred makes a purchase. In this way, people are rewarded for sharing their experiences with CBD Pure with others. For us, that means rewarding generously those of you that have helped grow our company through your referrals. For anyone that signs up for our CBD Affiliate program, we will provide a “link” that they can share online. Any future customer that clicks that link and purchases from our website will be result in a one-time commission of 40% being paid out to the person who referred them. Sign up is free, and we provide all the information necessary to get started, even if you have a limited knowledge of online sales or technology. Just like our CBD Pure sales and support team, if you have any questions about our new affiliate program, a helpful team member is just a click or an email away!

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Good news everyone, we continue to work closely with our farmers in Colorado to bring you only the very finest in organically-sourced hemp to produce our CBD Pure oil. We’ve recently received the latest review results of the organic standards guidelines compliance investigation, and our latest farm crop passed with flying colors! While we have always followed organic standards, to receive a final certification on our newest crop is the culminations of our continuing efforts to make sure independent third-parties are also certifying that we live up to official organic standards as well. In honor of our latest organic review, CBDPure customers can use the coupon code “organic15” at checkout to receive a 15% discount on any size CBD Pure order from now until the end of the month.

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CBDPure by Admin - 8M ago

For many people who are interested in natural health products, hemp-based products like CBD may seem a bit difficult to find and acquire. Despite hemp’s long history in the health field, as well as many other industrial and manufacturing applications, its association with marijuana has greatly limited its adoption and acceptance in the health community at large. To be clear, CBD and other derivatives of the cannabis plant, unlike marijuana, are legal in all 50 states.

The legal growing, possession, and usage of the hemp plant extends back to pre-Civil War times in the United States. The 2014 Farm Bill Act codified the legality of hemp products so long as they contained less than 0.3% THC by weight. Additional state laws have further reinforced the legality of all CBD products possessed within the United States that meet the low-THC criteria. While the vague connection to marijuana will never completely go away (both are derived from cannabis plants, despite radically different effects) the legal differences between high-CBD and high-THC products are well documented. With no legal problems (in the United States), no risk of abuse or negative mind-altering effects, and no known toxicity level from even large doses of CBD, the use of cannabidiol is a safe and positive approach to health.

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Hello, welcome to the official blog of CBD Pure. While most of the background information and buying options for CBD can be found on our main site, this blog will provide updates on our company, our crops, and news related to the cannabidiol industry that we think you may find interesting or useful. For now, if you have any questions about CBD Pure or simply wish to learn more about the benefits and effects of CBD in general, answers to the most commonly asked questions can be found here.

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