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Despite prevalence, CBD still illegal for DOD members

Military members should not confuse the prevalence of CBD products with their legality. Soldiers are prohibited from using hemp products of any sort, whether or not they have been legalized in certain jurisdictions. (Photo Credit: U.S. Army) VIEW ORIGINAL

FORT LEE, Va. – “Regardless of its widespread availability, it’s a federally prohibited substance and, therefore, illegal within the DOD workforce,” stated Katina Oates, the Army Substance Abuse Program manager here.

Her remark is in reference to products containing cannabidiol extract, or CBD, which have exploded in popularity as a result of aggressive civilian advertising that touts their benefits as pain relievers, stress reducers, depression inhibitors and more.

“CBD is everywhere,” a recently released Army News article pointed out. “You would be hard-pressed to enter any pharmacy, mega-mart or health food store and not find it on the shelves. CBD can even be purchased online from the comfort of your couch.”

Hemp oil and cannabidiol are one in the same. The array of delivery methods include, but are not limited to, gummy chews, cigarettes and vape pens, oils and skin creams, and sleep medications. CBD is frequently used in personal care treatments at nail salons and by some massage therapists.

“Military members should not confuse the prevalence of such products with their legality,” Oates said. “Soldiers are prohibited from using hemp products of any sort, whether or not they have been legalized in certain jurisdictions.”

Due to CBD being both unregulated and often containing small amounts of THC, the DOD still considers it to be an “illicit drug,” and its use as unauthorized by service members and government civilians, the Army News article warned.

An excerpt from Army Regulation 600-85, dated July 23, 2020, reads as follows: “The use of products made or derived from hemp (as defined in 7 USC. 1639o) … regardless of the product’s THC concentration, claimed or actual, and regardless of whether such product may lawfully be bought, sold and used under the law applicable to civilians, is prohibited.”

The other uniformed services have similar regulations prohibiting CBD’s use. There are federal workforce restrictions that apply to government civilians as well – further details are available on the Substance Abuse and Mental Health Services Administration website, samhsa.gov.

According to CBD-product manufacturers, the key hemp-plant-based ingredient is “non-psychoactive,” which means the consumer won’t experience the “high” of typical THC found in cannabis. The disparity in that claim, from the DOD’s perspective, is found in the federal guidelines that say a product is federally legal if it contains less than 0.3 percent Tetrahydrocannabinol, meaning the THC is still present.

The market also has been largely unregulated, so nobody can say whether ingredient labels are true to actual cannabis levels. In a recent study of 84 CBD products, 69 percent had higher levels of cannabiol than specified.

Furthermore, with no Federal Drug Administration oversight of the production of CBD products, “there is an increased risk of potential injury related to ingesting potential molds, pesticides and heavy metals,” the Army News article advised.

As for the number of aches and ailments the oil is said to decrease, there is little scientific evidence to support it, according to the popular health information website webmd.com. However, research into hemp-derived medication continues to increase following the FDA’s approval of the CBD drug Epidiolex for the treatment of two rare forms of epilepsy, Dravet Syndrome and Lennox-Gastaut Syndrome.

“Summing up this discussion, I think it’s all about informing our military community about these products and asking them to be mindful of their potential impact on someone’s career,” Oates said.

“Given the DOD and Army’s stance on this subject,” she continued, “there is no room for interpretation if it causes someone to test positive during a random drug test. Think of it as a health issue as well. Part of my office’s responsibility is to inform the community about the risk of using a chemical substance that could be harmful because it lacks oversight and full FDA approval.”

CBD Oil and Hemp Oil: Uses and Future Military Acceptance?

Are you aware of the potential healing and recovery properties of cannabidiol, also known as CBD? How about hemp oil? What is the military stance on using such products even if they contain no THC (the psychoactive drug)?

In this article, we dig into the differences between the two and benefits being tested right now and answer the biggest question: Are these considered marijuana and illegal to use?

Is CBD legal for military members?

It is against military regulations for members of the active duty military or currently serving members of the Guard or Reserve to use any CBD products. As of 2022, every military service branch has a regulation banning the use of CBD products.

For example, the Army regulation says “the use of products made or derived from hemp (as defined in 7 USC. 1639o) . regardless of the product’s THC concentration, claimed or actual, and regardless of whether such product may lawfully be bought, sold and used under the law applicable to civilians, is prohibited.”

What to know about CBD, hemp and THC

Here are some things you need to know about CBD, hemp and THC:

  • With only trace amounts of THC (less than .3%), it is unlikely you would fail a drug test using hemp/CBD.
  • The CBD oil and hemp oil come from the legal, non-psychoactive hemp plant.
  • The Cannabis Sativa L produces two types: marijuana and hemp. CBD is produced by both, but THC is not in both.
  • Marijuana plants contain enough THC to get users “high;” hemp does not.

CBD oil

CBD is one of many naturally occurring cannabinoid compounds found in cannabis. Yes, this is a product of the same plant family of marijuana and hemp. Cannabis does not mean marijuana. Cannabis is the genus name of the plant family into which all forms of marijuana and hemp fall.

Natural CBD oil and hemp oil do not contain enough THC to be illegal (or get you high). It is negligible at best, but must be under .3% to be used on the market as hemp or CBD oil. THC is the narcotic in marijuana that give you the “high” (psychoactive effect). THC is illegal within the federal government and military, but legal in some states.

However, the non-psychoactive CBD has been gaining popularity throughout the media and scientific community (see links to studies below) with noticeable recovery benefits and without the illegal substances and carcinogens of some forms of marijuana. CDB oil has been shown to help cancer patients and is used to treat many ailments, such as epilepsy, and psychological problems. It has anti-inflammatory benefits as well.

Hemp oil

Hemp oil contains phytocannabinoids, but it is not marijuana. Hemp contains more than 80 phytocannabinoids, including CBD. It can be made from the seeds of the hemp plant. Hemp oil is rich in polyunsaturated fats like Omega 6 and Omega 3 fatty acids, as well as Vitamin E.

Hemp oil can be used in cooking, shampoos and soaps, and because of the high Vitamin E content, it is an antioxidant that can help the body fight off the catabolic effects of stress. Unlike CBD oil, hemp oil has a nutritional value. It can be consumed in capsule form as well.

The endocannabinoid system

Why are cannabinoids like CBD and hemp important? Our body has millions of cannabinoid receptors that are part of the brain, skin and central nervous system called the endocannabinoid system (ECS). CBD interacts with the body’s ECS, and our body naturally produces cannabinoids, known as endocannabinoids.

Cannabinoid receptors are found throughout our body from our biggest organ — the skin to the brain, digestive tract and throughout the peripheral nervous system. The main purpose of the ECS is to protect the nerve fibers themselves, the immune system and helping to regulate the autonomic nervous system, which impact appetite, sleep, mood, stress and pain.

Because of its placement within the central nervous system, it has impact within the sympathetic and parasympathetic nervous systems. These are our “fight-or-flight” or “rest-and-digest” states, respectively, connecting our hormonal responses to stress in life-or-death situations and our recovery from those moments as well.

The legal issues and DoD stances

CBD is legal in the U.S. That does not make it legal for military members, who must abide by Defense Department rules.

The Agricultural Act of 2014 allows state agricultural businesses, colleges and universities to obtain permits to extract CBD from industrial hemp. In states where marijuana is legal and the transport across state lines is legal for industrial hemp, the flow of CBD oil or industrial hemp also is considered legal.

The companies selling CBD oil are permitted to use industrial hemp. Therefore, it is not in contradiction of the Controlled Substances Act, making CBD oil legal and not a substance the Drug Enforcement Administration would consider illicit, because it contains only trace amounts of THC. The hemp growers have to be careful and are highly regulated not to allow the THC values to increase within their substances they sell. The CBD that is produced must have zero THC, which makes it not testable on any drug test.

Veteran In the business

I recently asked Army veteran Craig Henderson of Extract Labs about his journey from the military to Colorado and into the world of legal cannabis products. Here are some of those questions and answers:

What was the journey from the Army to the legal marijuana business? Henderson was an airborne paratrooper for four years, then decided to use his GI Bill to go to college. After a degree in mechanical engineering and a master’s degree along the way, he found a path to Colorado, where he started working for a new and legal marijuana company.

He grew with the business and created methods to distribute and ingest these products, using edibles, creams, oils, vapes and more. This type of the cannabis business was mainly for medical and recreational marijuana users. THC was the product people were seeking at that time in the industry; however, he noticed there are big benefits in non-THC cannabis in products from the hemp plant, such as CBD oil and hemp seed oil.

Henderson created a new company, Extract Labs, that focuses on the “non-alcoholic beer” version of the same products above. The CBD oil products have the same types of ingestion models as above, but with none of the psychoactive effects of the THC type of cannabis.

“Consider this the health and wellness side of the business,” Henderson said. “We have customers who use these products for depression, sleep assistance, PTSD, anxiety, high blood pressure, cancer and pain relief, even severe pain relief.”

Other veterans in the CBD business

Synthetic cannabinoids

You may have heard about products like Spice or K2, which is a synthetic cannabinoid made from chemicals, not from the cannabis or hemp plant, whereas CBD oil is organic, naturally occurring and extracted using natural methods. These chemicals sprayed over such things as tobacco have caused severe side effects, even deaths, and can be two to 100 times stronger than THC. As of 2013, the Pentagon was testing troops for Spice use.

Medical studies/reports on CBD oil

If you are considering going into this business, you do not necessarily need to move to one of the several states where medical and recreational marijuana are legal. To grow, sell and distribute hemp products, it is easier to live in a state where both medical and recreational marijuana are legal, but some states with agricultural laws allow for hemp to be grown.

If you are considering using the CBD or hemp oils, it is legal to buy online and locally. However, do your research and make sure you select a legitimate seller that adheres to strict third-party and government regulations.

Stew Smith is a former Navy SEAL and fitness author certified as a Strength and Conditioning Specialist (CSCS) with the National Strength and Conditioning Association. Visit his Fitness eBook store if you’re looking to start a workout program to create a healthy lifestyle. Send your fitness questions to [email protected]

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