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Dickinson Co. Attorney's Office Announces Crack Down On Illegal Sale Of CBD Oil

Thu 4-4-2019

(Spirit Lake)-- The Dickinson County Attorney's Office says it will be cracking down on the illegal sale of cannabidal oil. In a press release, the office says it has become aware of individuals and businesses who have been distributing and selling the substance in the county. The release says that under chapter 124E of the Iowa Code, the use of medical cannabidiol is limited to the medical treatment of a debilitating medical condition, pusuant to a certification by a health care practitioner, and that a number of elements must be met. In addition, the cannabidiol can only be provided by a licensed dispensary approved by the Iowa Department of Public Health. CBD oil obtained anywhere else and used in a manner other than that permitted under Iowa Code is illegal.

They add some of the confusion is based on the 2018 Farm Bill passed by Congress that permits the production of hemp containing no more than 0.3 percent of THC, and permits the product to be transported in interstate commerce. The Dickinson County Attorney's Office says that is a federal law that has not been adopted by the state of Iowa. It is interpreting that to mean any products containing cannabidiol, regardless of the percentage of THC in it, is illegal in the state of Iowa unless the end user obtains the substance in accordance with the terms of Iowa Code Chapter 124E.

The Dickinson County Attorney's Office says its opinion is being shared with law enforcement and that it will be adhered to. In the meantime, it says that until state laws are changed, those selling or distributing cannabidiol oil should immediately refrain from doing so and that any CBD oil in their possession should be destroyed or returned to its place of origin. The office says failure to do that will likely result in criminal prosecution.