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The Great CBD Debate - Part 2

This is the second installment of our 5 part series on the Great CBD debate. If you missed the first part on the Classification of CBD, please check it out. In this article I want to talk about the legalities and legal side of CBD.

**DISCLAIMER: this is not to be used as legal advice. I am not a lawyer, consult with one if you feel the need before buying or selling CBD products in your state.**

If you live in a state where legislation is "iffy" please do your research. It seriously changes daily. Here in WI it changed 3 times in one week. It is finally approved for use here.


In our first installment we talked about the classification of CBD. It is either considered marijuana or hemp. Marijuana is illegal in many states where industrial hemp is legal in states with hemp farm bill programs, and in states where laws allow use of CBD products but may not allow use of marijuana. has an even better definition of these 2 substances.

"Marijuana is casually defined as a cannabis plant containing more than 0.3% THC (when compared to hemp). A more accurate definition of marijuana is: all parts of the plant cannabis sativa L, with the exception of certain specific parts of the plant, including, the mature stalk, non-germinating seeds, and a few other parts, all of which contain minuscule amounts of THC."

"Industrial hemp is casually defined as a cannabis plant containing no more than 0.3% THC. The following is a more in depth, legal definition of industrial hemp ala our favorite cannabis lawyer, Rod Kight: Industrial hemp is a multi-part definition: (1) the plant cannabis sativa L.,

(2) grown pursuant to a State’s pilot research program,

(3) containing less than 0.3% THC on a dry weight basis."

One issue we have is that some states do not have specific hemp laws at all. There isn't anything in place stating you cannot have it, while there isn't anything saying you can either. "CBD may be illegal under state law in those particular states since they do not distinguish between industrial hemp and marijuana. However Rod [Kight, cannabis lawyer] stands by the legality of CBD because it is not listed as a controlled substance in the controlled substances list. THC is listed, but CBD is not." (source)

So why is it still illegal in many states? There is little to no THC in it! Is it because dietary supplements aren't regulated as heavily as pharmaceuticals? You may be buying a product that is not what it appears to be. We will talk about that in the fourth installment. Or is it because it is still considered a schedule 1 substance? Even in states that legalize marijuana, you may not be able to buy CBD. According to, "Schedule 1 drugs, substances or chemicals are defined as drugs with not currently accepted for medical use and a high potential for abuse." CBD and marijuana are in the same class as meth, cocaine, heroin and other illegal drugs.

How is this even possible?! No true medicinal use for it? There has been plenty of research done showing actual medical uses for this substance. We will talk more about that in another installment of this series.

2 of the most highly used and abused substances available to us are food and alcohol. Both which are legal in every state. Look at what food is doing to our society. Abuse of food can lead to obesity, heart problems, diabetes, etc. How many alcohol related deaths are there each year? Yet, both are 100% legal. Food can hurt or heal us. Multiple studies are done each year showing the positive or negative effects on the body. Just like everything, it needs to be consumed in moderation. You cannot eat fast or processed food for every meal and expect to be healthy. Alcohol, mainly wine has studies as well showing how it can be beneficial or incredibly detrimental if consumed in excess.

Here in WI, we just passed murky legislation on May 4, 2018. You can read about it in our first installment. Things change quickly from day to day and state to state. If you are truly concerned about having CBD, please contact a true cannabis lawyer or someone professionally able to answer your questions.

Now that it is approved to sell again here, I have it back on my WEBSITE, along with other products you can buy directly from my supplier. Rest assured I use these products and know they are what they say they are. Should you have any questions, please send me an email at Have a wonderful day.

Love and light,


Caution: The material on this page is not meant to take the place of diagnosis and treatment by a qualified medical practitioner. Since the actual use of this product by others is beyond our control, no expressed or implied guarantee as to the effects of their use can be given nor liability taken. Use at your own discretion. Any application of the recommendations is at the user’s risk. Sweet Willow Spirit, LLC disclaims any liability arising directly or indirectly from the use of this information and assumes no responsibility for any actions taken. This should not be used in place of traditional therapies but solely as a complementary means for bringing well-being. The FDA has not evaluated the statements on this website. No claims are made as to any medicinal value of any oil, product or modality. For educational purposes only.

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