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CBD 103

CBD 103

How individual state laws may affect whether PharmaXtracts’s CBD products can be legally shipped to its residents.

PharmaXtracts can ship its CBD products to all fifty states, the District of Columbia, and all U.S. territories without violating federal law, but each state has its own laws. Some state laws make possession of CBD illegal and, therefore, call into question whether PharmaXtracts can ship its CBD products to those states. Some states have laws legalizing CBD but which require CBD customers purchase their CBD from a dispensary located in that state, but that requires that CBD be considered marijuana under that state’s law.

PharmaXtracts’ CBD is a hemp product and, according to the FDA, it is not a drug. No one would question whether twine, rope, or cloth made from legally grown hemp could be shipped from Nevada to Florida, so why should CBD be treated any differently?

Both Amazon and Walmart, the two largest retailers in the world, ship hemp oil to all 50 states. Again, if hemp oil can be shipped to all 50 states, why should CBD, another hemp product, be treated differently? No state has complained about Amazon’s or Walmart’s business practices in this regard. No state attorney general has sought to bring legal action against either of those retail giants claiming they are illegally importing marijuana into their state.

For a state to prosecute someone for purchasing CBD from out of state while not prosecuting someone for purchasing hemp rope or hemp oil from out of state would violate one’s constitutional right to the equal protection of the law as guaranteed by the Fourteenth Amendment.  It would also violate the Supremacy Clause, Article VI, Clause 2, of the Constitution. By the passage of the 2014 Farm Act, the United States allowed hemp to be grown in various states which set up pilot programs through their departments of agriculture. By the dicta found in the decisions in Hemp I and Hemp II, the Ninth Circuit found that products made from legally acquired hemp which did not satisfy the federal definition of marijuana could be sold, and the decision in Hemp II did not limit their sale, although that issue was not directly before the court.

The dicta found in Hemp I is as follows:

“Petitioners challenge the validity of the rule issued by the respondent that bans the sale of consumable products containing hemp oil, cake, or seed. Hemp I at 1084

* * * *

“Since 1937, the statute controlling marijuana has excluded the oil and sterilized seed of the plant Cannabis sativa L., commonly known as hemp, from the definition of marijuana. 21 U.S.C. § 802(16). Relying on this exemption, U.S. individuals and businesses, including the petitioners, have purchased and sold consumable products containing sterilized hemp seeds and oil, which generally are imported from Canada or Europe. Hemp I at 1085
* * * *

“The industrial hemp plant itself, which falls under the definition of marijuana, may not be grown in the United States. Therefore, the seeds and oil must be imported. Hemp I at 1085

* * * *

“If the rule stands, the petitioners must either stop manufacturing, distributing, and selling in the United States hemp seed and oil products or face criminal penalties for violating the DEA's restrictions on Schedule I substances.” Hemp I at 1086.

The dicta found in Hemp II is as follows:

“Appellants manufacture, distribute, or sell comestible items containing oil or sterilized seeds from "hemp" — a species of plant within the genus Cannabis. They challenge two Drug Enforcement Administration ("DEA") regulations that, taken together, would ban the sale or possession of such items even if they contain only non-psychoactive trace amounts of tetrahydrocannabinols ("THC"). Hemp II at 1013,

* * * *

“Appellants' business activities include importing and distributing sterilized hemp seed and oil and cake derived from hemp seed, and manufacturing and selling food and cosmetic products made from hemp seed and oil. Hemp II at 1013

* * * *

“On October 9, 2001, the DEA published what it labeled an "Interpretive Rule" stating that "any product that contains any amount of THC is a schedule I controlled substance. . . ." Interpretation of Listing of THC in Schedule I, 66 Fed.Reg. 51530, 51533 (Oct. 9, 2001). This rule would have banned the possession and sale of Appellants' products. Hemp II at 1014.”

As stated in CBD 101, PharmaXtracts’ CBD products are fully compliant with federal law. That said, shipping to some states such as Florida, Hawaii, Maine, Mississippi, Montana, Nebraska, South Dakota, and Wisconsin may be problematic because of idiosyncrasies in their state laws.

It is PharmaXtracts’ stated position based on its best interpretation of legal authority that PharmaXtracts can legally ship its CBD products into the states of Florida, Hawaii, Maine, Mississippi, Montana, Nebraska, South Dakota, and Wisconsin and any of the other remaining 42 states, the District of Columbia, and the five major United States territories either because it is not marijuana as defined by the state’s, district’s, or territory’s law or, alternatively, because of the following four legal reasons:

(1) Pursuant to the Agricultural Act of 2014, 7 U.S.C. §5940, a federal statute, the CBD contained in PharmaXtracts’ CBD products is a manufactured derivative of hemp which has been legally grown in the states of California and Nevada pursuant to pilot programs administered by their respective departments of agriculture;

(2) The Full Faith and Credit Clause found in Article VI, Section 1 of the Constitution states, “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.  And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.”

The 2014 Farm Bill states in pertinent part, “The term ‘agricultural pilot program’ means a pilot program to study the . . . marketing of industrial hemp.”  See 7 U.S.C. §5940(b)(1). Therefore, the Full Faith and Credit Clause requires all other states honor decisions made by California’s and Nevada’s Departments of Agriculture in their administration of their hemp pilot programs, which programs have been formed pursuant to federal law to inter alia study the marketing of industrial hemp.

(3) The Supremacy Clause found in Article VI, Section 2 of the Constitution states, “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

The Supremacy Clause requires all states honor the Agricultural Act of 2014 and the pilot programs administered by the states of California and Nevada thereunder, the spirit and purpose of which can only be satisfied if legally grown and manufactured hemp products can be shipped from those states to all 50 states, the District of Columbia, and all United States territories.

(4) The Equal Protection Clause found in Section 1 of the Fourteenth Amendment states in pertinent part, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

PX International LLC does business as PharamaXtracts, and a limited liability company is considered a person under the law.  The Equal Protection Clause forbids any state from making and enforcing any law abridging the privileges or immunities of any citizen of the United States or denying to any person within its jurisdiction the equal protection of the law and, therefore, unless and until a state bans the importation of any hemp product, including hemp rope and hemp fabric, and unless and until that state begins prosecuting major retailers such as Amazon.com and Walmart that are shipping into that state various hemp products including hemp oils, then that state cannot selectively prosecute PharmaXtracts from shipping into that state its CBD products and cannot treat PharmaXtracts’ customers any different than any other customers of hemp products.

With respect to most states which adopted the Uniform Controlled Substances Act drafted by the United States Department of Justice and adopted by the National Conference of Commissioners on Uniform State Laws in 1969 which defines marijuana the same as defined by the federal Controlled Substances Act, PharmaXtracts’ CBD products can clearly be shipped to those states because excluded from the definition of marijuana are the mature stalks of the Cannabis plant and any derivative of the mature stalks, and under the Supremacy Clause, portions of the hemp plant with a Delta-9 THC level less than or equal to 0.3 percent are also excluded from the federal definition of marijuana from which the state laws were drawn.  Even if the federal definition of hemp fails to modify the state definitions of marijuana, PharamaXtracts can still ship its CBD products to every state because of the four enumerated reasons cited above; to wit, because the CBD was derived from hemp legally grown pursuant to the 2014 Farm Bill and because of the protections granted by the Full Faith and Credit Clause, the Supremacy Clause, and the Equal Protection Clause.

Here is a listing of all 50 states, the District of Columbia, and the three U.S. territories of Guam, Puerto Rico, and the Virgin Islands summarizing their state and local laws affecting whether PharmaXtracts can legally ship its CBD products to customers residing therein:

Alabama

Alabama’s definition of marijuana does not include (1) the mature stalks of the Cannabis plant and any derivative of the mature stalks and, (2) industrial hemp defined as Cannabis cultivated by a grower licensed by the Alabama Department of Agriculture with a THC content of not more than 0.3 percent on a dry weight basis. See 2016 Code of Alabama §20-2-2(14) and §2-8-381(4).

In addition, CBD from any source is legal to possess by people being treated for a debilitating epileptic condition if the person has a prescription authorized by the University of Alabama at Birmingham (UAB). UAB is “the sole authorized source to use cannabidiol (CBD) in or as part of a person diagnosed with a debilitating epileptic condition.” See 2016 Code of Alabama §13A-12-214.2(c), (d), and (f). A debilitating medical condition is defined as a “chronic or debilitating disease or medical condition including one that produces seizures for which a person is under treatment.”

There is an ambiguity in the Alabama Code. UAB is described as being “the sole authorized source to use cannabidiol (CBD)” which could mean (1) UAB is the only entity authorized to allow people to use CBD, (2) all CBD use must be used within UAB facilities or, (3) UAB must be the supplier of the CBD.

PharmaXtracts’ CBD is legal in Alabama because our CBD is a derivative of mature Cannabis stalks. PharmaXtracts need not otherwise comply with the additional protection given the use of medical CBD derived from any source.

In addition, PharmaXtracts can ship CBD to Alabama because PharmaXtracts’ CBD is derived from hemp legally grown pursuant to the 2014 Farm Bill and because of the protections granted PharmaXtracts and its customers by the Full Faith and Credit Clause, the Supremacy Clause, and the Equal Protection Clause.

Alaska

Alaska’s definition of marijuana includes all parts of the Cannabis plant except fiber produced from its stalks and the oil and cake made from its seeds. This is of no account because in Alaska, the private consumption of marijuana is legal by people 21 years of age and older, and it is also legal for a person who is 21 years of age to assist another person who is 21 years of age to consume marijuana. See 2014 Alaska Statutes §17.38.900 and §12.38.020(4).

Because CBD is considered marijuana under Alaska law, the private consumption of CBD is legal. Because PharmaXtracts employees are at least 21 years of age, we can assist people in Alaska consume CBD and, therefore, can ship CBD to Alaska to people who are at least 21 years old.

Arizona

Arizona’s definition of marijuana does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks. See 2014 Arizona Revised Statutes §13-3401(4)(a).

PharmaXtracts’ CBD is legal in Arizona because PharmaXtracts’ CBD is a derivative of mature Cannabis stalks.

Arkansas

Arkansas’ definition of marijuana does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks. See 2010 Arkansas Code §5-64-101(B)(i) and (iv).

PharmaXtracts’ CBD is legal in Arkansas because PharmaXtracts’ CBD is a derivative of mature Cannabis stalks.

California

California’s definition of Cannabis does not include the mature stalks of the Cannabis plant or any derivative of the mature stalks. See 2016 California Business and Professions Code §26001(f).

PharmaXtracts’ CBD is legal in California because PharmaXtracts CBD is a derivative of mature Cannabis stalks and is grown pursuant to a California pilot program in compliance with the 2014 Farm Bill.

Colorado

Colorado’s definition of marijuana does not include “industrial hemp” which is defined as having a THC content not exceeding 0.3 percent. See Colorado Constitution, Article XVIII, §16(2)(d) and (f).

PharmaXtracts’ CBD is legal in Colorado because our CBD is a derivative of Cannabis with a THC content not exceeding 0.3 percent.

Connecticut

Connecticut’s definition of marijuana does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks and does not include “industrial hemp” as defined by 7 U.S.C. §5940. See 2005 Connecticut Code §21a-240(29).

PharmaXtracts’ CBD is legal in Connecticut because (1) our CBD is a derivative of mature Cannabis stalks and, (2) our CBD is made from Cannabis which meets the federal legal definition of “industrial hemp” because it contains no more than 0.3 percent THC by weight. See 7 U.S.C. §5940(b)(2).

Delaware

Delaware’s definition of marijuana does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks. See 2014 Delaware Code §4701(26). "Cannabidiol oil'' extracted from any portion of Cannabis plant is defined as containing at least 15 percent CBD but no more than 7% THCl, or a dilution of the resin of the Cannabis plant that contains at least 50 milligrams of CBD per milliliter but not more than 7 percent THC, is considered “usable marijuana,” and can be used by medical marijuana patients. See 2014 Delaware Code §4902A(10)(a) and (19) and §4905A(a).

PharmaXtracts’ CBD is legal in Delaware because our CBD is a derivative of mature Cannabis stalks.

District of Columbia

The District of Columbia’s definition of marijuana does not include the mature stalks of the Cannabis plant or any derivative of the mature stalks. See 2012 District of Columbia Code §48-901.02(3)(A).

PharmaXtracts’ CBD is legal in the District of Columbia because our CBD is a derivative of mature Cannabis stalks.

Florida

Florida’s definition of Cannabis includes all parts of the Cannabis plant. See 2017 Florida Statutes §893.02(3). Marijuana for medical use and “Low-THC cannabis” is excluded from §893.02(3)’s definition of Cannabis, but only if it is purchased or acquired from a medical marijuana treatment center licensed by the Florida Department of Health. See 2017 Florida Statutes §381.988(j).

PharmaXtracts is not a medical marijuana treatment center licensed by the Florida Department of Health. However, PharmaXtracts can ship CBD to Florida because PharmaXtracts’ CBD is derived from hemp legally grown pursuant to the 2014 Farm Bill and because of the protections granted PharmaXtracts and its customers by the Full Faith and Credit Clause, the Supremacy Clause, and the Equal Protection Clause.

Georgia

Georgia definition of “marijuana’ does not include the completely defoliated mature stalks of the Cannabis plant and fiber produced from such stalks.

Under Georgia law, a person may possess up to 20 fluid ounces of “low THC oil” containing CBD if the THC content is not more than 5 percent by weight if (1) the solution does not contain plant material, (2) the person is registered with the Georgia Department of Public Health pursuant to 2016 George Code §31-2A-18, (3) the person has in their possession their registration card and, (4) the container indicates the percentage of THC. See 2016 Georgia Code §16-12-191(a)(1).

PharmaXtracts CBD qualifies as “low THC oil” containing CBD because PharmaXtracts’ CBD does not contain any THC and does not contain any plant material. The containers of PharmaXtracts Crystalline Tincture Select has printed on their bottles that it is THC free. The sealed packaging holding PharmaXtracts vape pens and vape cartridges have printed on their sealed packaging that they are THC free.

In order for PharmaXtracts to ship CBD to Georgia when the person is seeking the protection of being a medical marijuana patient, the person ordering the CBD (or their parent or legal guardian if the patient is under 18 years of age) must certify subject to penalty of perjury that the person is (1) registered with the Georgia Department of Public Health pursuant to 2016 George Code § 31-2A-18 and, (2) has in their possession their registration card. Such a declaration can be requested by emailing PharmaXtracts at support@pharmaXtracts.com.

Otherwise, PharmaXtracts’ CBD is legal in Georgia because our CBD is a derivative of completely defoliated mature Cannabis stalks.

In addition, PharmaXtracts can ship CBD to Georgia because PharmaXtracts’ CBD is derived from hemp legally grown pursuant to the 2014 Farm Bill and because of the protections granted PharamaXtracts and its customers by the Full Faith and Credit Clause, the Supremacy Clause, and the Equal Protection Clause.

Guam

Guam’s definition of marijuana does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks. See Guam Code Annotated §67.101(t).

PharmaXtracts’ CBD is legal in Guam because our CBD is a derivative of mature Cannabis stalks.

Hawaii

Hawaii’s definition of marijuana includes all parts of the Cannabis plant with the exception of hashish and THC. See Hawaii Revised Statute 712-1240. No one can dispense medical marijuana unless licensed by the Hawaii Department of Health. See 2016 Hawaii Revised Statutes 329D-1; 329D-2(a).

PharmaXtracts is not a medical marijuana dispensary licensed by the Hawaii Department of Health. However, PharmaXtracts can ship CBD to Hawaii because PharmaXtracts’ CBD is derived from hemp legally grown pursuant to the 2014 Farm Bill and because of the protections granted PharmaXtracts and its customers by the Full Faith and Credit Clause, the Supremacy Clause, and the Equal Protection Clause.

Idaho

Idaho’s definition of “marijuana” does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks. See 2016 Idaho Statute 37-2701(t).

PharmaXtracts’ CBD is legal in Idaho because our CBD is a derivative of mature Cannabis stalks.

Illinois

Illinois’s definition of “marijuana” does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks. See 720 Illinois Code §550(3)(a) (2005).

PharmaXtracts’ CBD is legal in Illinois because our CBD is a derivative of mature Cannabis stalks.

Indiana

Indiana’s definition of marijuana does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks and does not include “industrial hemp” which is defined as all nonseed parts of Cannabis that has a THC content not exceeding 0.3 percent by weight. See 2012 Indiana Code §35-48-1-19 and §15-15-13-6.

PharmaXtracts’ CBD is legal in Indiana because (1) our CBD is a derivative of mature Cannabis stalks and, (2) because our CBD is made from Cannabis that has a THC content not exceeding 0.3 percent by weight.

Iowa

Iowa’s definition of “marijuana” does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks. See 2016 Iowa Code §124.101(19).

PharmaXtracts’ CBD is legal in Iowa because our CBD is a derivative of mature Cannabis stalks.

Kansas

Kansas’s definition of “marijuana” does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks. See 2015 Kansas Statutes §21-5701(j).

PharmaXtracts’ CBD is legal in Kansas because our CBD is a derivative of mature Cannabis stalks.

Kentucky

Kentucky’s definition of “marijuana” does not include CBD derived from “industrial hemp” as defined by KRS 260.850(5) which defines industrial hemp the same as 7 United States Code §5940. See 2015 Kentucky Revised Statutes §218A.010(27)(e) and §260.850(5).

PharmaXtracts’ CBD is legal in Kentucky because our CBD is derived from Cannabis which meets the federal legal definition of “industrial hemp” because it contains no more than 0.3 percent THC by weight. See 7 U.S.C. §5940(b) (2).

Louisiana

Louisiana’s definition of “marijuana” does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks. See 2006 Louisiana Laws RS §40:961(5).

PharmaXtracts’ CBD is legal in Louisiana because our CBD is a derivative of mature Cannabis stalks.

Maine

Maine’s definition of “Cannabis” does not include “industrial hemp” defined as Cannabis which contains no more than 0.3 percent THC by weight which is grown or possessed by a grower licensed by the Maine Commissioner of Agriculture, Conservation and Forestry. See 7 Maine Revised Statutes §2442(5) and §2231(1) (2016).

PharmaXtracts CBD is not made from hemp grown by a grower licensed by the Maine Commissioner of Agriculture. However, PharmaXtracts can ship CBD to Maine PharmaXtracts’ CBD is derived from hemp legally grown pursuant to the 2014 Farm Bill and because of the protections granted PharmaXtracts and its customers by the Full Faith and Credit Clause, the Supremacy Clause, and the Equal Protection Clause. In addition, Maine is a very cool state.

Maryland

Maryland’s definition of marijuana does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks. See 2010 Maryland Code §5-101(r)(2)(i) and (iv).

PharmaXtracts’ CBD is legal in Maryland because our CBD is a derivative of mature Cannabis stalks.

Massachusetts

Massachusetts’ definition of marijuana does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks. See 2016 Massachusetts General Law Chapter 94C §1.

PharmaXtracts’ CBD is legal in Massachusetts because our CBD is a derivative of mature Cannabis stalks.

Michigan

Michigan’s definition of marijuana does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks. See Michigan Compiled Laws Public Health Code 368-1978-7-71 §333.7106(4).

PharmaXtracts’ CBD is legal in Michigan because our CBD is a derivative of mature Cannabis stalks.

Minnesota

Minnesota’s definition of marijuana does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks. See 2017 Minnesota Statutes §152.01(9).

PharmaXtracts’ CBD is legal in Minnesota because our CBD is a derivative of mature Cannabis stalks.

Mississippi

Mississippi’s definition of marijuana includes all parts of the Cannabis plant with the exception of hashish. See 2013 Mississippi Code §41-29-105. CBD must be obtained from the National Center for Natural Products Research at the University of Mississippi and dispensed by the Department of Pharmacy Services at the University of Mississippi Medical Center. See 2014 Mississippi Code §41-29-136(2)(b)(I).

PharmaXtracts is not affiliated with the University of Mississippi National Center for Natural Products Research or its Department of Pharmacy Services. However, PharmaXtracts can ship CBD to Mississippi because PharmaXtracts’ CBD is derived from hemp legally grown pursuant to the 2014 Farm Bill and because of the protections granted PharmaXtracts and its customers by the Full Faith and Credit Clause, the Supremacy Clause, and the Equal Protection Clause.

Missouri

Missouri’s definition of marijuana does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks. See 2011 Missouri Revised Statutes §195.010(24).

PharmaXtracts’ CBD is legal in Missouri because our CBD is a derivative of mature Cannabis stalks.

Montana

Montana’s definition of Cannabis includes all parts of the Cannabis plant containing THC and seeds capable of germination. See 2015 Montana Code Annotated §50-32-101(18). Consumption of marijuana is legal for people with debilitating medical conditions if they possess a registry identification care issued by the Montana Department of Health and Human Services. See 2015 Montana Code Annotated §50-46-319(2). A marijuana infused products provider must be a Montana resident who has applied for and received a registry identification card from the Montana Department of Health and Human Services to manufacture and provide marijuana-infused products for a registered cardholder. See 2015 Montana Code Annotated §50-46-302(7)(a).

PharmaXtracts is not a medical infused products provider licensed by the Montana Department of Health and Human Services. However, PharmaXtracts can ship CBD to Montana because PharmaXtracts’ CBD is derived from hemp legally grown pursuant to the 2014 Farm Bill and because of the protections granted PharmaXtracts and its customers by the Full Faith and Credit Clause, the Supremacy Clause, and the Equal Protection Clause.

Nebraska

Nebraska’s definition of marijuana does not include the mature stalks of the Cannabis plant and any other derivative of the mature stalks. In addition, Nebraska’s definition of Cannabis does not include CBD from any source if the THC level is below 0.3 percent if administered on the order of a physician licensed to practice medicine and surgery in Nebraska and administered to a patient by or under the supervision of the physician who is participating in the Nebraska Cannabidiol Pilot Study program, and the patient has intractable seizures and treatment resistant seizures. An “intractable seizure” is defined as an “intractable, catastrophic genetic, or metabolic epilepsies; Lennox-Gastaut Syndrome; epilepsies consisting of drop seizures at risk for significant bodily injury; or cluster seizures that result in significant life-threatening apnea after the trial and failure of at least three antiepileptic therapies that directly address the epilepsy in question.” See 2014 Nebraska Revised Statutes §28-401(13), §28-463(a) and (b); §28-464 (3); and §28-467(1)(a).

At first glance, one would conclude PharmaXtracts’ CBD is legal in Nebraska because our CBD is a derivative of mature Cannabis stalks and does not fall within the definition of marijuana. However, because of the separate language relating to CBD found in 2014 Nebraska Revised Statutes §28-464(3), in order for PharmaXtracts to ship CBD to Nebraska, the person ordering the CBD (or their parent or legal guardian if the patient is under 19 years of age) should certify subject to penalty of perjury that the person is (1) being administered CBD upon the order of a physician licensed to practice medicine and surgery in Nebraska, (2) is being administered CBD under the supervision of said physician, (3) the physician is participating in the Nebraska Cannabidiol Pilot Study program and, (4) the person has intractable, catastrophic genetic, or metabolic epilepsies; Lennox-Gastaut Syndrome; epilepsies consisting of drop seizures at risk for significant bodily injury; or cluster seizures that result in significant life-threatening apnea after the trial and failure of at least three antiepileptic therapies that directly address the epilepsy in question.

PharmaXtracts can ship CBD to Nebraska because PharmaXtracts’ CBD is derived from hemp legally grown pursuant to the 2014 Farm Bill and because of the protections granted PharmaXtracts and its customers by the Full Faith and Credit Clause, the Supremacy Clause, and the Equal Protection Clause.

Nevada

Nevada’s definition of marijuana does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks or industrial hemp. See Nevada Revised Statutes §453.096(a) and (b). Industrial hemp is defined having not more than 0.3 percent THC. See Nevada Revised Statutes §557.040.

PharmaXtracts’ CBD is legal in Nevada because (1) our CBD is a derivative of mature Cannabis stalks and, (2) because our CBD is made from industrial hemp because it contains no more than 0.3 percent THC by weight. In addition, PharmaXtracts’ CBD is extracted from hemp grown pursuant to a pilot program pursuant to the 2014 Farm Bill.

New Hampshire

New Hampshire’s definition of a “Cannabis-type drug” does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks. See 2013 New Hampshire Revised Statutes §318-B:1 (IV).

PharmaXtracts’ CBD is legal in New Hampshire because our CBD is a derivative of mature Cannabis stalks.

New Jersey

New Jersey’s definition of marijuana does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks. See 2014 New Jersey Revised Statues §24-21-2.

PharmaXtracts’ CBD is legal in New Jersey because our CBD is a derivative of mature Cannabis stalks.

New Mexico

New Mexico’s definition of marijuana does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks. See 2006 New Mexico Statutes §30-31-2(N).

PharmaXtracts’ CBD is legal in New Mexico because our CBD is a derivative of mature Cannabis stalks.

New York

New York’s definition of marijuana does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks. See 2013 New York Consolidated Laws §3302(21).
PharmaXtracts’ CBD is legal in New York because our CBD is a derivative of mature Cannabis stalks.

North Carolina

North Carolina’s definition of marijuana does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks. See 2014 North Carolina General Statutes §90-87(16).

PharmaXtracts’ CBD is legal in North Carolina because our CBD is a derivative of mature Cannabis stalks.

North Dakota

North Dakota’s definition of marijuana does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks. See 2013 North Dakota Century Code §19-03.1-01(18).

PharmaXtracts’ CBD is legal in North Dakota because our CBD is a derivative of mature Cannabis stalks.

Ohio

Ohio’s definition of marijuana does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks. See 2006 Ohio Revised Code (2006) §3719.01(O).

PharmaXtracts’ CBD is legal in Ohio because our CBD is a derivative of mature Cannabis stalks.

Oklahoma

Oklahoma’s definition of marijuana does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks. See 2016 Oklahoma Statutes §63-2-101(23).

PharmaXtracts’ CBD is legal in Oklahoma because our CBD is a derivative of mature Cannabis stalks.

Oregon

Oregon’s definition of marijuana does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks. See 2015 Oregon Revised Statutes (2015) §475.005(16)(b).

PharmaXtracts’ CBD is legal in Oregon because our CBD is a derivative of mature Cannabis stalks.

Pennsylvania

Pennsylvania’s definition of marijuana does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks. See 35 Pennsylvania Statutes and Consolidated Statutes §780-102(b).

PharmaXtracts’ CBD is legal in Pennsylvania because our CBD is a derivative of mature Cannabis stalks.

Puerto Rico

Puerto Rico’s definition of marijuana does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks. See 24 Laws of Puerto Rico Annotated (2017) §2102(16).

PharmaXtracts’ CBD is legal in Puerto Rico because our CBD is a derivative of mature Cannabis stalks.

Rhode Island

Rhode Island’s definition of marijuana does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks. See 2010 Rhode Island Code §21-28-1.02(26).

PharmaXtracts’ CBD is legal in Pennsylvania because our CBD is a derivative of mature Cannabis stalks.

South Carolina

South Carolina definition of marijuana does not include the mature stalks of the marijuana plant including cannabidiol derived from mature stalks. See 2012 South Carolina Code §44-53-110(27)(b)(i) and (iii). In addition for those with a written certification from a physician licensed in South Carolina that the person has been diagnosed as having Lennox-Gastaut Syndrome, Dravet Syndrome, also known as "severe myoclonic epilepsy of infancy," or any other severe form of epilepsy that is not adequately treated by traditional medical therapies, the substance cannabidiol or any compound, manufacture, salt, derivative, mixture, or preparation of any plant of the genus cannabis from any source that contains 0.9 percent or less of THC and more than 15 percent CBC is also not considered marijuana. See 2012 South Carolina Code §44-53-110(27)(b)(vi).

PharmaXtracts’ CBD is legal in South Carolina because our CBD is a derivative of mature Cannabis stalks.

South Dakota

South Dakota’s definition of marijuana includes all parts of the Cannabis plant. See 2016 South Dakota Codified Laws §22-42-1(7).

However, PharmaXtracts can ship CBD to South Dakota because PharmaXtracts’ CBD is derived from hemp legally grown pursuant to the 2014 Farm Bill and because of the protections granted PharmaXtracts and its customers by the Full Faith and Credit Clause, the Supremacy Clause, and the Equal Protection Clause.

Tennessee

Tennessee’s definition of marijuana does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks. See 2010 Tennessee Code §39-17-402(16).

PharmaXtracts’ CBD is legal in Tennessee because our CBD is a derivative of mature Cannabis stalks.

Texas

Texas’s definition of marijuana does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks. See 2005 Texas Health and Safety Code §481.002(26)(B) and (D).

PharmaXtracts’ CBD is legal in Texas because our CBD is a derivative of mature Cannabis stalks.

Utah

Utah’s definition of marijuana does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks. See 2006 Utah Code §58-1-103(aa). Utah has also legalized CBD extracted from “any part of the cannabis sativa” plant if it is prepared in a medicinal dosage form and contains at least 10 units of CBD for every one unit of THC when used in a study approved by the Utah Department of Health. See 2017 Utah Code §58-37-3.6. Utah has also legalized hemp extract if it contains less than 0.3 percent THC by weight and at least percent CBD by weight and the person in possession is only using the hemp extract to treat intractable epilepsy, and the hemp extract is obtained in a sealed container with a label indicating the hemp extract’s place of origin and the number that corresponds with a certificate of analysis, and the laboratory used for the analysis is not affiliated with the producer of the hemp extract, is licensed in the state where the hemp extract was produced, and has a current hemp extract registration card issued by the Utah Department of Health. See 2016 Utah Code §58-37-4.3.

PharmaXtracts’ CBD is legal in Utah because our CBD is a derivative of mature Cannabis stalks.

Vermont

Vermont’s definition of marijuana does not include hemp which is defined as Cannabis, and any part of the Cannabis plant, with a THC concentration of not more than 0.3 percent on a dry weight basis, and hemp products are defined as all products made from hemp. See 18 Vermont Statutes Annotated §4201(15)(C) (2012); 6 Vermont Statutes Annotated §562 (2) and (3) (2016).

PharmaXtracts’ CBD is legal in Vermont because our CBD is a hemp product since it is made from a part of the Cannabis plant with a THC concentration of not more than 0.3 percent on a dry weight basis.

Virginia

Virginia’s definition of marijuana does not include the mature stalks of the Cannabis plant and does not include “industrial hemp” which is defined as all parts of the Cannabis plant that contain a concentration of THC no greater than allowed by federal law. See 2016 Code of Virginia §3.2-4112 and 2006 Code of Virginia §54.1-3401.

PharmaXtracts’ CBD is legal in Virginia because (1) our CBD is a derivative of mature Cannabis stalks and (2) our CBD is made from Cannabis which meets the federal legal definition of “industrial hemp” because it contains no more than 0.3 percent THC by weight. See 7 U.S.C. §5940(b)(2).

Virgin Islands

The Virgin Islands’ definition of marijuana does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks. See 19 Virgin Island Code Annotated (2017) §593(19).

PharmaXtracts’ CBD is legal in the Virgin Islands because our CBD is a derivative of mature Cannabis stalks.

Washington

Washington’s definition of marijuana does not include (1) any part of the Cannabis plant with a THC concentration no greater than 0.3 percent, (2) the mature stalks of the Cannabis plant and any derivative of the mature stalks and, (3) industrial hemp defined as all parts and varieties of the genera Cannabis grown by a person licensed to grow industrial hemp by the Washington Department of Agriculture that contain a THC concentration of 0.3 percent or less by dry weight. See 2015 Washington Revised Code §69.50.101(w)(1) and (2); and §15.120.010(2)(3).

PharmaXtracts’ CBD is legal in Washington because our CBD is (1) made from parts of the Cannabis plant with THC concentrations no greater than 0.3 percent and, (2) is a derivative of the mature stalks of the Cannabis plant.

West Virginia

West Virginia’s definition of marijuana does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks. See 2009 West Virginia Code §60A-1-101(o).

PharmaXtracts’ CBD is legal in West Virginia because our CBD is a derivative of mature Cannabis stalks.

Wisconsin

Wisconsin’s definition of marijuana does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks. See 2015 Wisconsin Statutes & Annotations §961.01(14)(14). However, 2015 Wisconsin Statutes §961.34(2)(b)(b) states, “If cannabidiol is removed from the list of controlled substances, or if cannabidiol is determined not to be a controlled substance, under schedule I of 21 U.S.C. §812 (c), the controlled substances board shall approve which pharmacies and physicians may dispense cannabidiol to patients as treatment for a seizure disorder.” The federal definition of marijuana does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks. See 21 United States Code §16.

Wisconsin Statutes §961.34(2)(b) conflicts and probably overrides §961.01(14), and PharmaXtracts is not a pharmacy approved by the Wisconsin Controlled Substances Board. However, PharmaXtracts can ship CBD to Wisconsin because PharmaXtracts’ CBD is derived from hemp legally grown pursuant to the 2014 Farm Bill and because of the protections granted PharmaXtracts and its customers by the Full Faith and Credit Clause, the Supremacy Clause, and the Equal Protection Clause.

Wyoming

Wyoming’s definition of marijuana does not include the mature stalks of the Cannabis plant and any derivative of the mature stalks. See 2014 Wyoming Statues §35-7-1002(xiv).

PharmaXtracts’ CBD is legal in Wyoming because our CBD is a derivative of mature Cannabis stalks.