CBD Oil and Legal Gun Ownership
Alongside the increasing popularity and legalization of marijuana in many states, the question of legal firearm ownership has been a persistent one. CBD oil has been a specifically questionable aspect as THC content can be low.
Most of the non-controlled over-the-counter CBD oils are hemp-derived. The federal government classifies hemp as a marijuana strain containing less than .3% THC. The 2018 Farm Bill allows for the agricultural production of hemp while removing it from the Schedule 1 controlled substance list.
CBD oil that is Marijuana-derived comes from the federally scheduled illegal drug and is treated as such. Marijuana-derived CBD is only available in states where marijuana has been legalized. The conundrum here from most proponents of CBD oil is that the end product can still (and usually does) contain less than .3% THC. The reason for creating marijuana-derived CBD oil is because manufacturers are getting a larger concentration of CBD in this process vs hemp-based.
This is all part of the gray area existing between state law and federal law regarding how we treat marijuana and hemp products.
So, if we now look at the base question between legal marijuana use and gun ownership, we find that most of these states where marijuana is legal will not infringe upon your right to own a firearm or even conceal carry. However, it’s the purchase of the firearm where things start to get iffy.
When purchasing a firearm and performing the federal background check they ask this question, are you an unlawful user of a controlled substance? They also state that “the use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.”
In actuality, in a state where marijuana is legalized and you are using marijuana products, you are breaking federal law. This equates to a felony for firearm owners at a federal level that fits this description. “The unlawful use” does not concern whether your state says it’s ok, it is simply unlawful in the eyes of the federal government.
It is important to understand those three things before we can answer the big question, how does CBD oil use affect gun ownership? Hemp-Derived CBD, Marijuana-Derived CBD, and how the federal government regulates both must all be understood.
A user of Hemp-Derived CBD containing less than .3% THC is not breaking any current federal law. It is not schedule 1 and you are not unlawfully using a controlled substance.
A user of Marijuana-Derived CBD is breaking federal law, even if it also contains less than .3% THC. It is derived from a schedule 1 controlled substance. In this, it is unlawful for you at the federal level to possess or own a firearm if you are using it.
And while most states with legal marijuana products are protecting your right to own firearms, there can be another legal problem. Some of these same states have laws that also say you cannot purchase a firearm if you are restricted to do so by the federal government.
If we add all this up – It is a total catch-22 situation.
Until the federal government removes marijuana from the schedule 1 controlled substances list, a firearm purchaser or owner cannot legally own a firearm while using marijuana or marijuana-derived CBD oil. That’s the way it is right now.
While many are not concerned with this catch, it is still something that can land you in plenty of hot water if the situation arises. For instance, a marijuana user who also possesses a firearm is committing a federal felony worth up to 10 years in prison. Anyone who is a marijuana user and answers “no” to the question of using a controlled substance unlawfully can also face up to 5 years in prison for that answer. This is all regardless of your states’ current laws.
This is all very important to understand before making any decisions regarding CBD oil use and how it affects your right to bear arms.
To further complicate things…
If a person is using hemp derived CBD oil that contains less than 0.3% THC, the metabolites of the THC accumulate in fat cells and may result in a false positive for Marijuana usage in a drug test .
This should be a serious concern for anyone that is federally mandated to take drug tests. (ie. Airline pilots, DOT over the road truckers, any employee at a federal or DOD contracted company, etc.)