Cannabidiol (CBD) is one of the most premier and progressive medicinal aid on the market today, from treating various diseases (both genetic and accumulated), several mental conditions, alongside being both anti-inflammatory and anti-oxidant, CBD is a contender for being one of the most powerful and versatile medications around. But is it legal to be on a prescription of CBD while serving in the United States armed forces?
Federally Recognized CBD
According to the Food & Drug Administration (FDA), the industrial hemp plant (which CBD is extracted and isolated from) is considered legal on a federal level. It is with this recognition that CBD and CBD products have been able to be sold across the United States and available both as a CBD prescription and as CBD products such as CBD balm and CBD edibles. Even though the FDA allows commercial regulation, the Drug Enforcement Administration (DEA) has not allowed much CBD testing for medicinal testing and verification which leaves CBD in a grey area in the view of some governmental agencies. Because of this discrepancy between agencies, it is fundamentally hard for a military service member or civilian to discern what is legal and what is not about CBD.
The general rule of thumb concerning legal CBD oil and CBD products is that it must contain 1% or less value of THC; if there is no THC and if extracted from legal industrial hemp sources, the CBD product is considered federally legal.
Whether you are a civilian or a military service member, it is paramount that you vote for a clearer distinction and call up your state representatives to change the DEA’s policies concerning medicinal testing of CBD and CBD products. By removing a stubborn and antiquated view of a chemical compound that doesn’t inhibit the individual while providing medicinal relief is one step closer to the proper testing and care that CBD and CBD patients need to be legally safe and sound. With more studies and cases appearing to promote CBD’s medicinal relief, it is only a matter of time before CBD is recognized by ALL governmental agencies.
Air Force Court Charges of CBD
Sadly, CBD prescriptions and CBD medications are facing some hard cases brought forth in the United States Air Force. Though the cases are small in amount, there are some Air Force Pilots that are facing administrative punishment and court prosecution for their use of CBD oil while in service. Air Force Instruction has expressed concerns over the legal status of CBD and has been stubborn to accept the medicinal properties of CBD products, relying more on the antiquated and backward interpretation of the DEA over the FDA’s jurisdiction.
Air Force pilots must be of sound mind and body in order to pilot with precision and accuracy, which CBD products are known to not affect the mental or physical prowess of its user. Without such debilitative conditions, what remains as a blockade for medicinal CBD for pilots?
According to the FDA’s Agricultural Act of 2014, state universities and state agriculture (which includes companies) can obtain permits to test CBD and CBD products without any agency having the ability to stop the flow of legal CBD across state lines. Alongside this, the Court of Appeals for the Armed Forces (C.A.A.F.) has upheld the trial judge’s findings in United States v. Maj Pughthat there is no legitimate basis whatsoever the ban the consumption and/or use of any product that contains CBD or CBD oil. Stating “that although AFI 90-507 (the justification for CBD persecution) may have a valid military purpose, it is overly, and inappropriately, broad as it pertains to Food and Drug Administration (FDA) approved food products.”, the C.A.A.F. leaves grounds for appeals that will honor and serve servicemen and women who are persecuted by their military branches for responsible and medicinal use of CBD.
The Service Member & CBD Use
With the ongoing use and C.A.A.F.’s official stance on repeal and recognition of FDA’s stance on CBD, the future of CBD use is currently being fought in the courtrooms and a case by case basis. With the federal government continuing to iron out its policies across all channels, now is the time to make CBD and CBD products a viable and absolute legal medication for both civilians and military service members. Along with CBD, our service members can highly benefit from freelance jobs and work from home jobs.
With the FDA’s approval of legal CBD alongside the C.A.A.F.’s assessment of its use, CBD is able to be used by military service members but with a caveat that they may face some obstacles depending on the agency in question.
CBD medicinal relief and CBD products have a way to go before being recognized in an absolute and concrete legal way. It is only with the continued and successful medical results of CBD that will change the outdated and various forms of discrimination that exists. If you are a service member who has been reprimanded for CBD oil or CBD product use, please refer to your C.A.A.F. attorney or other legal aid to help you retain your CBD usage.