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Search Completed | Title | Concerning the Legality of Cannabidiol (CBD) Oil under Federal & Colorado Law
Original File Name Searched: Hemp-CBD-Opinion-Letter.pdf | Google It | Yahoo | Bing
Text | Concerning the Legality of Cannabidiol (CBD) Oil under Federal & Colorado Law | 001
August 10, 2015
RE: Concerning the Legality of Cannabidiol (CBD) Oil under Federal & Colorado Law
This law firm represents iPuff Vape LLC. This letter is provided on behalf of iPuff Vape LLC in response to a request for a legal opinion about the federal and state legality of CBD products derived from industrial or agricultural hemp. Based upon my legal research and analysis, my professional opinion is that the following detailed analysis applies to the sale of CBD products in Colorado. Please note that this letter can not guaranty a potential outcome in a court of law, but is a comprehensive review of the current state of the law in the federal and Colorado context.
Is it legal to produce and sell industrial hemp-derived CBD oil in the United States without violating the Controlled Substances Act (CSA)? Is industrial hemp-derived CBD oil legal to sell in Colorado?
The legal analysis contained herein addresses the federal statutory and regulatory provisions of the United States Controlled Substances Act, Title 21, Chapter 13, U.S.C.S., pertaining to the sales and distribution of cannabidiol oils and products. This question is specifically targeted to cannabidiol (CBD). Importantly, this analysis is based on the assumption that the raw product industrial hemp material are lawfully imported1 from international markets, and the CBD oil/products are produced and manufactured within the United States from said import materials.
This letter is limited to the analysis of the CSA, and does not address, nor does it consider, the rules or regulations governing the Food and Drug Administration, the Federal Food, Drug, and Cosmetic Act (often abbreviated as FFDCA, FDCA, or FD&C), or Investigational New Drug (IND) rules, as they may or may not be applicable.
1 Lawfully imported under approved tariff codes to its FDA registered and certified facility in the United States.
3773 Cherry Creek Drive N. Suite 575 Denver, Colorado 80209 303-525-4171 Phone colocannalaw.com
Tara E. Salinas Managing Attorney
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