Is the CBD legal? Here's what you need to know, according to science



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Suddenly, the CBD seems to be everywhere.

I met him in the chains of pharmacies and the service stations. My kennel sells pet CBD (cannabidiol) gels and several massage spas located in the greater D.C. area offer "CBD infused relaxation" with lotions, oils and sprays. There are at least four cafes within 15 minutes walk of the White House selling CBD coffee.

Yet, there is a strange fact about the omnipresence of these products day by day: their sale is illegal. This is true even though the 2018 Farm Bill has removed the legal restrictions on CBD if it comes from hemp plants.

Which is also strange: buying CBD products is legal … at least sometimes.

This paradox is one of many, in the long history of the United States, to use and criminalize cannabis. As marijuana, cannabis is both a tool for relaxation and a mass element of incarceration, but also a medical benefit, such as the fight against the side effects of cancer chemotherapy.

This tension is something that two professors and their students are trying to better understand at the University of Connecticut, which has launched the only university course in the country on weed growing earlier this year.

Gerry Berkowitz, professor of plant science and co-director of the new UConn course, said Gerry Berkowitz "all kinds of courses allow lawyers to understand the right cannabis and programs designed to help doctors to dispense the disease. marijuana for medical purposes ". is the first in decades to focus on such questions as: How exactly does this product grow and how can we use it?

They are among the many Americans who observe the fog of clinical claims, legal quagmires and social stigma around weeds.

Cannabis, grown by humans for at least 12,000 years, is "one of the oldest plants ever used for human benefit," said Shelley Durocher, a University researcher who manages the hemp greenhouse. for the class. "It's a fascinating plant that occupies a unique space in the natural world," says Durocher, who has helped shape the modern existence of Western countries like the United States.

As hemp, its fiber was the sails that transported European settlers to much of the known world. It was so fundamental to American foundations that his image was printed on money. George Washington was notoriously bad for growing hemp, though.

"Started separating hemp from female hemp … rather too late," Washington wrote in his diary in August 1765. (We'll understand later why this is a problem.)

The reputation of cannabis has changed dramatically since then, from a vital resource to a social disease to perhaps something in between.

Berkowitz and Professor Matthew DeBacco launched the UConn class – entitled "Cannabis Horticulture: From Seed to Harvest" – to meet an urgent need of the booming cannabis industry, the US sales are expected to reach $ 80 billion by 2030. Three years ago, another undergraduate class from Berkowitz made an excursion to one of Connecticut's medical marijuana growers.

"The owner said his farmer had learned his trade by growing pot in his basement," said Berkowitz. In highlighting this, he was not trying to overshadow these employees, but insisted that many of the cultivation practices in the marijuana industry were generally neither standardized nor supported by research.

This brings us back to these lotions and slats of the CBD – and how they can be legal and illegal.

Because of the way that cannabis plants grow and reproduce naturally, many CBD products in stores contain the same drug that makes illegally federated marijuana – THC or tetrahydrocannabinol.

And even if you make sure your CBD is pure, some federal agencies and some state laws still prohibit it, even in places where the consumption of weeds for medical or recreational purposes is legal.

So, before adding CBD to your routine, it could help all of us go back to school for a few science lessons that explain how cannabis is grown, how the compound is collected and how it can benefit and harm your body. health.

What is cannabis?

Cannabis has many names, varieties and varieties, including hemp and marijuana. But these days, they are all considered as one species: Cannabis sativa.

"Marijuana" is any cannabis plant that contains an abundant amount – technically more than 0.3% – of THC, a psychotropic drug. Although 11 states and Washington DC have legalized marijuna for recreational purposes, this version of cannabis remains federally illegal and is listed as Schedule 1 drug by the Drug Enforcement Administration.

Hemp, on the other hand, can not legally contain more than 0.3% THC. There is virtually no restriction on the hundreds of other compounds made by the plant, such as terpenes (which are responsible for the "distinctive" aroma of the herb).

A noticeable contradiction in weed legislation: marijuana can also produce CBD. If your purified CBD comes from hemp plants, it is legal at the federal level, but if it comes from a marijuana plant, it is illegal. This is because marijuna plants themselves are banned by the DEA.

CBD versus THC

The most obvious barriers to making pure and legal CBD come from the inability to distinguish marijuana and hemp plants.

Try it yourself:

Hemp against marijuana. Good luck to spot a difference. Picture of Devin Pinckard

Hemp against marijuana. Good luck to spot a difference. Picture of Devin Pinckard

"So how do we distinguish when … basically looking at the structure of the plant, you really can not tell the difference?" DeBacco, one of the teachers of the cannabis course, asked us about the campus after class (located in the largest university center). reading room, because of its popularity).

His answer: "You have to go beyond what they look like for chemical profiles."

THC and CBD both belong to a family of chemicals called cannabinoids. Cannabinoids are vegetable oils, and cannabis contains more than 100 versions.

Scientists suspect that cannabinoids protect the plant from UV rays, much like sunscreen does for human skin. They think that because a quarter of the weight of a cannabis plant can come solely from cannabinoids – and that the levels of cannabinoids change when exposed to light. "At the top of the plant, you will have more cannabinoids, compared to the flowers that are at the bottom of the plant," said graduate student Peter Apicella.

Cannabis makes most of its cannabinoids in its flowers, more commonly called "buds".

"If they are not pollinated, the buds will continue to grow and continue to produce cannabinoids," Apicella said.

This is true of both CBD and THC. The only chemical difference between them comes down to a few chemical bonds.

CBD and THC are like the

CBD and THC are like the "fraternal twins" of plant chemistry. They are basically identical, apart from a couple bond. Image of Adam Sarraf

All cannabinoids are initially a sugar that clings around the enzymes of the plant and changes its identity little by little with each ride. In some cases, this stray sugar reaches a junction, where it can either use one of two enzymes: THC (synthase) or CBD (synthase). One way leads to becoming THC, the other to become CBD.

But in hemp, THC synthase is genetically dormant, Apicella said. As a result, some hemp plants can produce a lot of CBD because there is no internal competition for the manufacture of THC.

"With other high-value crops, like saffron or vanilla, you get a low percentage of usable yield," Apicella explained. But with hemp, "it's a huge amount." Some varieties have 12 to 15% CBD by weight.

How a hemp crop can sometimes become marijuana

Thanks to the "miracle" of reproduction, a hemp crop can start producing only CBD and then involuntarily turn into a marijuana field loaded with THC.

Let's say it again because it's a bit mind-blowing. A hemp crop – which is legal at the federal level and produces only CBD – can become marijuana. Studies have shown that if two certifiable hemp plants connect, most of their offspring will be able to make THC. In fact, some of these seedlings will ONLY produce THC.

Pollination is the joker for hemp producers. Most flowering plants have male and female parts. They are hermaphrodites who can mate with themselves. But a cannabis plant is an exception, in that it is almost always a woman OR a man. And when the plants reproduce sexually, their traits mix and once-dormant genes – such as those at the origin of THC production – can suddenly be replaced by active versions.

Any biological organism will fluctuate – a variable that is still a concern for farmers, said Apicella.

So, to prevent sexual reproduction, UConn's greenhouse crushes patriarchy (cannabis). You do not want a male in your greenhouse, said Apicella: "If there is a male, all your crops can be destroyed."

Thus, the Uconn greenhouses grow only hemp-based female plants – all are clones. There is even a small pistil – called pre-flower – on young plants that allows horticulturists to identify females without genetic testing.

To grow an all-female group, "you cut off a part of a plant and you put it in the soil with a bit of rooting hormone and this cutting is actually genetically identical to that of the the first mother plant from which you came, "said Apicella. Raising his arms and showing a long row of hemp plants. "So, they are all genetically identical to one of the mother plants that we have here."

Keeping an all-female greenhouse is easy, but it's a different story to grow hemp outdoors.

Cannabis is abundant in nature – which means that an outdoor hemp field is a burst of pollen away from marijuana that breeds accidentally.

The other way THC can fit into your CBD bottle

To collect CBD or THC in hemp, farmers harvest the plants and send them to an extractor who collects the drugs and prepares them for sale. The problem is that the extraction of CBD or THC is essentially the same process. If your supplier does not do it properly, your bottle of CBD may contain an illegal dose of THC.

"It happens all the time," said Rino Ferrarese, director of operations for the medical marijuana extractor, CT Pharma, who is frustrated by the poor quality and contaminated products flooding the CBD market. Under the Connecticut legislation, Ferrarese has to make sure their products match the labels on their bottles – which they do by pharmaceutical grade extraction.

Ferrarese stated that many states in the country did not subject their CBD suppliers to the same standards and that there was a lack of enforcement by the federal government.

Cannabinoids are extracted in the form of oils or resins, which can be slimy. Picture of CT Pharma

Cannabinoids are extracted in the form of oils or resins, which can be slimy. Picture of CT Pharma

"What many consumers do not realize is that the FDA, which protects our food and drug safety in the US, does not control the CBD products you see at the station. -service or at the grocery store, "said Ferrarese. "Many of these products also do not fall under the ministries of public health."

In larks, he and other members of society keep an eye on the sloppy and sometimes illicit products that flood the CBD market. Ferrarese said the results vary widely and that these products rarely meet the claims of their labels.

"Whenever we see CBD at a gas station or in a retail outlet, we buy it and send it to our independent third-party lab," Ferrarese said. "Sometimes it even contains THC in the bottle when it's not supposed to. It's really a good move.

Extractors can prevent THC from entering a source of CBD. To undermine CBD or THC from plant material, all extractions use a chemical solvent. It sounds bad, but a solvent is a substance that can dissolve another. Water, for example, is one of the best solvents in nature – but it would not be effective in a case like this.

"In Connecticut, we can only use [liquid] carbon dioxide as an extraction solvent or ethanol as a solvent, said Ferrarese. "In other states, such as Colorado and California, they are allowed to use solvents such as butane."

Carbon dioxide and ethanol liquids have distinct advantages. Carbon dioxide is very effective at removing cannabinoids from plants, but it must be kept cold (-70 degrees Fahrenheit) to remain liquid.

As for ethanol extraction, it can be done at higher temperatures in a process similar to the manufacturing of alcohol, said Kimberly Provera, director of operations at CT Pharma.

"There is a process called fractional distillation, where you can actually isolate different cannabinoids," said Provera. "Each cannabinoid will separate according to a specific temperature … so that you can isolate only CBD and THC."

Once the sticky cannabinoids are separated, they add a little heat. Carbon dioxide and ethanol will eventually evaporate, leaving behind pure CBD or THC – but only if extraction is done properly.

If your supplier makes a mistake, it could stain your CBD with THC – a consequence that can be problematic if you test drugs at random. Poor extractions can also leave chemical solvents, which is dangerous in the case of butane, or even pesticides.

"We have some consumer expectations that we have here in America when we interact with our products, and cannabis should not be different," said Ferrarese. "Cannabis, as a consumer product, should meet these same standards of purity, identity and composition."

Before buying CBD, ask the store how its extracts were made and whether they are validated by a third party tester.

Why should not you assume that the CBD is a panacea?

Raise your hand if you have heard someone say a version of the following:

"THC is psychoactive or alters the spirit, so it can make you high and that is why it is illegal. The CBD, meanwhile, is not psychoactive. "

That is not exactly correct. The CBD will not make you drunk, but from a neuroscientific point of view, the CBD is absolutely psychoactive, psychotropic or whatever adjective you want to use to say that it affects the mind and the behavior. CBD simply affects you differently than THC.

This lack of understanding has led to many misconceptions about the CBD, said Joseph Cheer, a neurobiologist at the University of Maryland's Faculty of Medicine, specializing in cannabinoids.

The first thing you need to know is that our body makes its own natural versions of these compounds called endocannabinoids.

Like dopamine and serotonin, endocannabinoids can function as neurotransmitters – the chemical messengers that activate or deactivate our nerves. This, in turn, triggers or dampens the electrical impulses that create our thoughts, behaviors, and movements.

Our nerves receive these chemical messages via neurotransmitter receptors – think of them as radio antennas. Cannabinoids have two known receptors called CB1 and CB2.

This is where the mental effects of THC and CBD differ. THC makes us high because it has a strong affinity for the CB1 receptor, but CBD is the opposite. CBD does not generally interact with the CB1 receiver … at least not directly. Research shows that CBD can elevate endocannabinoids manufactured by the body and that scientists are also looking for a "hidden" brain receptor for the cannabis extract.

Is there any other evidence that CBD is psychoactive? He can fight against crises.

The FDA has approved only one drug-based CBD: a medicine for epilepsy called Epidiolex. Nobody really knows how it works, but Cheer and other researchers suspect that Epidiolex may alter the amount of calcium that can enter our nerves.

Without going into details, our nerve cells use calcium to transmit these electrical impulses throughout the body. If a nerve cell has too much calcium, it will emit electrical impulses too quickly, which can cause a state of distress called excitotoxicity.

CBD appears to maintain a healthy calcium balance in nerve cells, which removes electrical surges and damage during seizures.

Cheer said it was also strongly argued that CBD reduces anxiety and opioid addiction and marijuana. It can also provide sleep benefits to patients with multiple sclerosis, Parkinson's disease and Huntington's disease.

But the FDA's approval for these treatments, other medications like lotions and foods can take years, and "the pace of discovery has already been hindered considerably by the planning of the year." factory, "said Cheer.

Most CBD products are illegal – but only if someone checks

So, if you buy CBD … and it comes from a hemp plant … and it's pure … then you're in the clear … no? Not enough.

Yes, the purchase of CBD is legal at the federal level as long as it does not contain more than 0.3% THC, but some state laws have placed restrictions on buyers. For example, Virginians can only buy and own CBD if they have a prescription.

It becomes more complicated for sellers.

The FDA has banned the sale of CBD in all health products, dietary supplements or unapproved foods – which literally means anything but Epidiolex.

The FDA can officially take on any companies selling or marketing items making health claims regarding the CBD, especially if these products involve interstate trade in the cannabis extract.

But the agency has limited staff for enforcement. At the time of writing, the FDA has only sent warning letters to offenders, although it has suggested that the application of the law to broader partners with federal partners and States if the madness of the CBD continued. These federal provisions, as they have been drafted, also include a blind zone in which a store can sell as many CBDs as it wishes, as long as it makes no health claims about its products, does not do so. in foods or add it to dietary supplements.

A spokesman for the Drug Enforcement Administration told PBS NewsHour that his agency would play a limited role in these offenses. Since the Farm Bill said that CBD containing less than 0.3% THC was no longer a banned substance, it no longer belongs to the DEA, a spokesperson said in an email.

"It is now regulated by the FDA, so we refer you to it for this application," wrote the DEA spokesman. Another factor: "The DEA does not pursue individual users, we focus on large-scale operations and drug trafficking organizations," the spokesman added.

All of this is important for the sellers and consumers of CBD because the FDA's mandate is to check the safest dosage for the chemicals we consume or apply to our bodies – be they applied to drugs, foods and dietary supplements – within the scope of and Cosmetic Law.

The rapid legalization of hemp and CBD put the FDA in a difficult position. By virtue of its mandate, the agency must validate the safety of food, drugs and dietary supplements. But CBD products are already flooding US stores.

Bravo and the FDA Be careful "against all commercial CBD products" because the cannabis extract – like any compound you put in your body – can have unwanted side effects.

Studies in humans have shown that taking CBD can cause liver problems, diarrhea, vomiting and fatigue. Rodent research also suggests that CBD can harm male and female reproductive organs.

As for the CBD in the United States, "everything I tell you today can change significantly in a week from today," Cheer said.

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