Trying to understand how H577 use and possession of Cannabidiol Oil (CBD) will affect your ability to purchase hemp products? John Green makes the Costco connection in this well written article. H577 will be heard in the House Health and Welfare Committee likely next week. We urge this committee to vote NO on H577 as it does not further health freedom in Idaho. The real problem seems to be the poorly written and confusing wording of the Idaho version of the Uniform Controlled Substances Act. An Act that is as misunderstood by our Law Enforcement professionals, as by the citizenry at large. The terms, relevant to the discussion of the legality of CBD include Cannabis, Marijuana,Hemp, CBD and Tetrahydrocannabinols (THC).Hemp and CBD do not appear in, and are not defined by the Idaho iteration of the Uniform Controlled Substances Act. This bill will effectively make already legal and attainable CBD only available through prescription.
UPDATE: H 577 is being held in committee by Chairman Heider and will not progress for further public review or legislative vote.
Read more about that:
We heard Sen. Heider loud and clear through those closed doors: The people be damned
Be sure to send your comments to the Health and Welfare committee to vote NO ON H577. A bill that will effectively make already legal and attainable CBD only available through prescription.
Email Blasts to Health & Welfare
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THE COSTCO CONNECTION:OR, DOES BUYING DELICIOUS, NUTRITIOUS HEMP SEED HEARTS AT A COSTCO IN IDAHO MAKE YOU (AND COSTCO) A CRIMINAL?
By: John Green, B.S., J.D.
That CBD Oil is good medicine is hardly debatable. Certainly, from at least 2010, scientists and medical professionals had come to a certain and realistic understanding ofthe unique medical benefits of Cannabinoids (CBD Oil).
The “bottom line” of medical and scientific consensus with regard to CBD is that“…Overall, Cannabinoids have exhibited significant potential to be used as novel anti inflammatory agents and specific targeting of CB2 receptors holds the promise of mediating immuno suppressive effects without exerting psychotropic side effects. …”(Emphasis added)
From the same medical documentation, it is apparent that, in fact, CBD reduces orprevents the psychotropic effect of THC.
- Cannabinoids, the active components of Cannabis sativa, and endogenous cannabinoids mediate their effects through activation of specific cannabinoid receptors known as cannabinoid receptor 1 and 2 (CB1 and CB2).
- The cannabinoid system has been shown both in vivo and in vitro to be involvedin regulating the immune system through its immunomodulatory properties.
- Cannabinoids suppress inflammatory response and subsequently attenuate disease symptoms. This property of cannabinoids is mediated through multiplepathways such as induction of apoptosis in activated immune cells, suppression of cytokines and chemokines at inflammatory sites and up regulation of FoxP3+ regulatory T cells.
- Cannabinoids have been tested in several experimental models of autoimmune disorders such as multiple sclerosis, rheumatoid arthritis, colitis and hepatitis and have been shown to protect the host from the pathogenesis through induction of multiple anti-inflammatory pathways.
- Cannabinoids may also be beneficial in certain types of cancers that are triggered by chronic inflammation. In such instances, cannabinoids can either directly inhibit tumor growth or suppress inflammation and tumor angio genesis.”See: Executive Summary from: Cannabinoids as novel anti- inflammatory drugs
Marijuana and anything containing any THC (synthetic or naturally occurring) are,according to the Idaho UCSA, a Schedule I substance, which means they have the highest level of criminal penalty attached to their possession or sale. They have been declared to be “Hallucinogenic Substances”, by the Legislature or, more importantly, by Congress.
Are Hemp products, “Hallucinogenic”? Of course not!
It is clear, from the plain meaning of the statute, that Hemp Seed Hearts are NOT, “Marijuana” and neither would Hemp derived CBD be legally classified as “Marijuana” unless it contained synthetic THC, or more than a trace amount of naturally occurring THC.
(According to the United States Court of Appeals for the 9th Circuit.)Idaho has adopted The Uniform Controlled Substances Act. It was drafted by the United States Department of Justice in 1969 and promulgated by the National Conference of Commissioners on Uniform State Laws while the federal Controlled Substances Act was being drafted. Modeled after the federal Act, the uniform act established a drug scheduling system. Every state has adopted the uniform act.
It should be noted, "…State authorities must designate, reschedule, or delete substances whenever notified of such federal action unless they invoke an elaborate notice-and-hearing procedure to resist the federal ruling". Thus, the Uniform Act completes a top-down system of control in which drug policy originates through the international legislative process of treaty making and United Nations Commission on Narcotic Drugs scheduling decisions and is automatically implemented through Controlled Substances Act provisions requiring federal scheduling of internationally controlled drugs, and Uniform Controlled Substances Act provisions requiring state scheduling of federally controlled drugs.
Aside from the fact that its adoption constitutes a total usurpation of the Citizens of Idaho’s Sovereign Authority, the CSA, is just another brick in the “New World Order” of international efforts to subvert the Constitutional Republic that is The United States of America.
However, with regard to CBD and Hemp products in general, relying on our “Rule of Law” and the legal principal of stare decisis, Health Freedom Advocates, in Idaho must surely prevail on this important issue.
Idaho has adopted the UCSA, in toto, and surrendered to Congress the authority to Schedule certain substances according to the standards that have been developed for that Act. The decision in Hemp Industries Ass'n v. DEA, 357 F.3d 1012, 1018 (9th Cir.2004), stands as precedent within the 9th Circuit and since, for the purposes of the UCSA,the issue with regard to Hemp products is settled and Congress controls the scheme of Drug Scheduling in conformity with that Act, the issue seems resolved for Idaho as well,since the Legislature has made no attempt to deviate from the federal scheme.
Hemp products, CBD Oil and Hemp Seed Hearts, are not contemplated nor prohibited by the UCSA, despite, in some instances, trace amounts of naturally occurring THC.
Idahoans should be free to continue enjoying their healthy, nutritious, Hemp Seed Hearts they have purchased at Costco and their inflammation reducing, health improving, Hemp derived CBD Oil, without worrying about the risk of being forced to pose for a Mug Shot!
(Costco won’t be going to jail after all, it seems!)
Read John Greens complete public testimony HERE
BTW, my health freedom loving friends, John Green is running for Idaho Legislative Dist 2 Seat B as Representative Eric Redman is not re-running for election. Wouldn't it be wonderful to have another health freedom lover in the House of Representatives?