How and Why CBD is 100% LEGAL in Alabama

Once again, Alabama Law Enforcement Authorities have arrested an entrepreneur, Harry Marion Autry, owner of The CBD Store, on November 18, 2018, and charged him with three counts of Distribution of a Controlled Substance (felonies), and possession of a controlled substance (felony).

To make matters worse, they did so wrongfully.

Law Enforcement Officers in Shelby County, the county SOUTHEAST of, and immediately adjacent to Jefferson County – where Birmingham, the state’s most populous city, is located – arrested the 38-year-old young shop owner for violating Alabama’s Controlled Substances Act, after sending samples of his wares to a state forensics laboratory for analysis.

Jefferson and Shelby counties, Alabama

Compared to Alabama’s other 66 counties, Shelby County is more well-to-do (Shelby County’s median household income is $72,310, while the state’s median household income is $44,758), “well heeled,” more highly educated (41.4% of the residents aged 25+ have a Bachelor’s degree AT LEAST, while only 24.0% of the state at large does), etc., than almost any other county in the state.

So, one would hope – indeed, expect – better, more well-informed Public Officials.

But then again, the state continues reeling from the aftershocks of the corruption scandals of the convicted former Speaker of the House, Mike Hubbard, and a veritable host of other predominately GOP lawmakers who were similarly indicted, and either plead guilty to, or were convicted by Federal, and/or State authorities for numerous felony offenses, ranging from healthcare fraud, to mail fraud, and other corrupt, illegal and deceptive practices.

Alabama, being what it is – an inflexible, hard-line, bipolar political state which has swung to the far end of the Republican political spectrum for many years – duly elected to a full term the weak, former Marshall County District Attorney Steve Marshall whom was appointed by corrupt Governor Bentley to fill the unexpired term of the Attorney General’s office vacated by Bentley’s appointment of Luther Strange to fill the unexpired term of Jeff Sessions, whom was nominated to be US Attorney General by President Trump.

Just like voters did the same for Kay Ivey, the former Lieutenant Governor (who historically and practically has no influence upon state affairs) who succeeded to the Office of Governor upon Bentley’s resignation, for the final two years of his second, and final, unexpired term.

One would rightfully, and justifiably be concerned about anything and everything done by the corrupt Governor Bentley – especially political appointments – and turned away such all such appointees during the General Election. But apparently, the state’s voters didn’t see things that way.

The level, depth, breadth, and width of insanity, asininity and corruption in the state is quite simply, stupefyingly breathtaking.

Now, back to the CBD thing.

County Prosecutors in Lauderdale and Colbert County in the NorthWest corner of the state, similarly recently “cracked down” on CBD sales in that area. (See also this archived site: https://web.archive.org/web/20180824090650/https://www.timesdaily.com/news/crime/cbd-oil-is-illegal-in-alabama/article_e637229a-101e-59c2-a499-1721c5e06902.html)

Now, Shelby County Law Enforcement officials have arrested another entrepreneur selling CBD.

Here’s a link to the “guidance” from the weak former-Marshall County DA-now Attorney General Steve Marshall, published November 20, 2018, only AFTER another entrepreneur was arrested. Alabama CBD Law guidance by AG Steve Marshall

Frankly, all this is so unnecessarily confusing. Even Alabama’s Controlled Substances Act has such significant variability and discretion that criminal charges have used to include the weight of butter (it has been) in calculating criminal offenses. It’s the proverbial indictment of the ham sandwich.

This tomfoolery of a law enforcement shell game could be absolutely, totally, and completely resolved fully and completely – 100% – by legalizing, taxing, and regulating cannabis for Medical, and Adult Recreational use. It’s just that simple. We’ve seen it before. We’re seeing it now. But Alabama is ever the “stick in the mud” – or pig sty – take your pick.

So… having briefly come up for air, here we go again, back into the “deep dive.”

The plant genus known as “cannabis” has two predominate subtypes:
1.) cannabis sativa, and;
2.) cannabis indica.

While a third subtype – cannabis ruderalis – exists, it’s more like a dwarfed version which produces practically nothing of any value, so it’s largely ignored.

Women and hemp, date unknown, likely late 1800’s.

Cannabis sativa, and cannabis indica are both called “marijuana.” By the way, the word “marijuana” is actually a derivative of a slang name given to it some years ago by Mexicans. It has more accurately been known for a much longer time by its proper name, cannabis.

Hemp is also cannabis. Hemp is most often cannabis sativa, because the sativa variety grows very tall, spindly stalks. In contrast, cannabis indica is a short, shrubby type plant.

Spreading hemp to dry in Kentucky, 1898.

Historically, hemp has been grown and used for its fiber content for eons throughout the world, and in America. And notably, during WWII, it was grown for rope production as part of the war effort by the tens of thousands of acres in Illinois and Kentucky. During that time, in 1942, following an embargo on the supplies of manila and abaca fiber used in rope-making supplied from the Philippines, the United States Department of Agriculture, produced a film called Hemp for Victory, which encouraged farmers – especially those in Kentucky – to grow hemp to help the war effort. It was seen as patriotic thing to do.

Gathering hemp in Kentucky, c.1905-1920

Perdue University’s horticulture division has an extended excerpt of a very well-written book about hemp, Hemp: A new crop with new uses for North America,” published in 2002.

But back to cannabis, marijuana, and hemp, and the confusion in Alabama about it all.

Hemp, sometimes also called “industrial hemp” for clarification purposes, is Federally defined as the cannabis plant which has a THC concentration of less than 0.3% by weight.

On the other hand, “marijuana” is defined as cannabis sativa (and cannabis indica) which has a greater THC content than 0.3% by weight.

Marijuana is consumed for euphoric effects induced by THC.

Marijuana has CBD -and- THC.

Hemp has MOSTLY CBD.

Cannabis that has greater THC content than CBD content is typically “marijuana,” because the two strains are not consistent, and each strain (hemp or marijuana) produce one, or the other (CBD or THC) in greater abundance comparatively.

Think of it like a rose.

A rose grown by most gardeners is a lovely, very fragrant flowering bush with numerous subtypes, which also has thorns. The rose is prized not only for its visual floral beauty, but for its fragrance, as well.

A rose sold by most florists – while it looks somewhat similar, and is practically and primarily identical genetically – has no fragrance, and no thorns. But, it’s still a rose… by any other name.

Same thing with hemp and marijuana.

Hemp produces CBD, but low THC.

Marijuana produces primarily THC, but CBD as well.

CBD does not induce euphoria. THC does. Science has known THC consumption induces euphoric sensations since 1964 when Raphael Mechoulam discovered it.

CBD is known, and proven to be a marvelously successful treatment for intractable seizure disorder (a virtual “miracle drug” from a garden plant which anyone can easily grow), which alleviates and/or minimizes life-threatening seizures, where conventional medications have continually failed, and even harmed the patients. Harming a patient violates the first premise of the Hippocratic Oath, “First, do no harm.”

Of note, the recently-FDA-approved biologic medicine branded as Epidiolex^®, which, as the FDA states is “Epidiolex (cannabidiol) [CBD] oral solution for the treatment of seizures” is the first such medicine of its type to be made from cannabis. The medication branded as Marinol^®, chemically known as dronabinol, which is used as an appetite stimulant, originated from THC which is found in cannabis, but is an “optically reversed” version of THC. In other words, it’s a chemistry parlor “trick.”

POOF!
“It’s really not what you think it is,” said the magician.

Now, to confuse things, Alabama passed several laws related to compounds found in, or concerning cannabis, notably as Leni’s Law, Carly’s Law, and particularly (most notably in this case) the Alabama Industrial Hemp Research Program Act (AIHRA).

In the AIHRA (the Act), which was originally SB347 by Senators Bussman and Singleton, it stated emphatically (by underlining it) in item item “(14) MARIHUANA MARIJUANA.” that “Marijuana does not include industrial hemp as defined in Sections 1 to 4 of the act amending this subdivision.”

Screenshot of AL SB347 by Senators Bussman & Singleton, which created the Alabama Industrial Hemp Act, amended Code of Alabama Title 20 Chapter 2, Section 2, Article 1, and SPECIFICALLY EXCLUDED low THC content cannabis from the legal definition of marijuana. The pertinent part is highlighted in yellow.

The Code of Alabama, Title 2 (Agriculture), Chapter 8, Article 11, Sections 380-383 refers to the Alabama Industrial Hemp Research Program Act.

In 2-8-381 Definitions, paragraph (4), the term “industrial hemp” is defined, and states:
“(4) INDUSTRIAL HEMP. All parts and varieties of the plant Cannabis sativa, cultivated or possessed by a licensed grower, whether growing or not, that contain a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Industrial hemp shall be considered an agricultural crop or an agricultural commodity, or both, in all respects under state law. The term excludes marijuana as defined in subdivision (14) of Section 20-2-2.”

Paragraph (3), defines “(3) HEMP PRODUCTS. Any and all products made from industrial hemp, including, but not limited to, cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seed, seed meal and seed oil for consumption, and seed for cultivation if the seeds originate from industrial hemp varieties.”

In Section 382 Purposes; programs; legislative findings, it states in pertinent part that, “These purposes may be accomplished, in part, through all of the following…” Notably, the clause “in part” is exceptional because it acknowledges that other means or methods may also be used to accomplish “these purposes.”

Hemp seeds sold at Wal-Mart. Hemp seeds are “complete proteins,” which means they have a full complement of all proteins necessary for the sustenance of human, and animal, life.

And in Section 383 Rulemaking authority; disposition of funds; powers and duties of department, paragraph (a) it states, “The department may adopt rules in accordance with…”

In paragraph (b) it states, “(b) The department or an institution of higher education may pursue…”

Paragraph (c) states, “(c) The department and institutions of higher education may cooperate…”

While the concluding paragraph (d) states, “(d) The department or the institution of higher education shall coordinate…”

Three times the word “may” is used. “May” is stating the existence of possibility, and is differentiated from the word “shall” which states that a thing must be done, it is an imperative. “May” and “shall” are two VERY different terms, with two VERY different definitions.

It does NOT say the department shall. It says the department may. In other words, the department could, and might, or might not. They are not required to. BUT, if they do, in response, “the department or the institution of higher education shall coordinate.”

Alabama Attorney General Steve Marshall wrote in his November 20, 2018 Public Notice that “The use of the term “marijuana” or “cannabis” in each of the crimes described above includes the marijuana extract CBD.”

It does NOT include anything from hemp, or any hemp extracts. Those are SPECIFICALLY EXCLUDED under the Alabama Industrial Hemp Act.

Point being, in order to conclusively PROVE that CBD violates Alabama’s Controlled Substances Act, the State Forensics laboratory would have to prove that it (CBD) came from marijuana, and NOT from industrial hemp. And frankly, there’s no way that can be done. It’d be like trying to conclusively prove that two containers labeled “water” came from either the Mississippi River, or the Ohio River.

Hemp has been, and continues to be used for fiber for numerous uses, not the least of which includes clothing. Its durability and comfort are renown, and superior to cotton.

Body lotion containing hemp extract, sold at Sally Beauty Supply

It’s just another smoke-and-mirrors game.

And here’s the hypocritical icing on the cake: If it were so, as they are presently suggesting – that ANYTHING related to, made from or containing any cannabis-originating substance/compound, etc., is 100% illegal in Alabama – they’re going to have to start arresting ALL store owners that sell ANY cannabis-related item. That includes hemp seeds and hemp hearts (commonly found on Wal-Mart and grocery store shelves), hemp lotion (sold at Sally’s Beauty Supply), and the ridiculous list just goes on, and on, and on, and on.

POOF!
“You’re under arrest,” said the LEO.

“Not so fast,” said the lawyer.

Lawyers… everyone hates ’em – until they need one.

Alabama… crazy on a ship of fools.