What is CBD oil? Can someone be jailed for it

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Cannabidiol oil, also known as CBD oil, is hot news these days. It is one of 113 identified cannabinoids in cannabis plants and accounts for up to 40% of the plant’s extract.

Technically speaking, the two main active substances in it are cannabidiol or CBD and delta-9 tetrahydrocannabinol, or THC. It has been proved and is evident from various research results that CBD Oil has medicinal properties. It is used for its pain-relieving effects, reducing anxiety and depression, joint pains, insomnia, and some heart-related issues. In fact, India is one of the biggest consumers of CBD oil.

Will you be jailed for buying CBD oil?

Cannabidiol can be taken in multiple ways, including by inhalation of cannabis smoke or vapour, as an aerosol spray into the cheek and by mouth. It may be supplied as CBD oil containing only CBD as the active ingredient (excluding tetrahydrocannabinol [THC] or terpenes), CBD-dominant hemp extract oil, capsules, dried cannabis, or prescription liquid solution. CBD possesses medicinal properties, but not narcotic properties.

The World Health Organization (WHO) itself has recommended its exclusion from Single Convention mentioning the following statement “It should not be included in narcotic items or herbs because it does not have psychoactive properties and has no potential for abuse and no potential to produce dependence”.

Most CBD Oils sold in India (including over internet) are in fact made out of full-spectrum extracts of the leaves of the cannabis plant, meaning they contain all the cannabinoids, including CBD, that are present in the leaves. Since the leaves of cannabis plant are not considered to be a narcotic drug, CBD Oil made out of extract of the leaves should also not be treated as narcotic drug.

In other words, consumption of CBD Oil manufactured from leaves of the cannabis plant should not attract provisions of the NDPS Act. In fact, CBD Oil manufactured under a license issued under the Drugs and Cosmetics Act, 1940 may be legitimately used by individuals for medical purposes in India.

However, any of these products with the THC (tetrahydrocannabinol) content higher than 0.3 per cent will fall in the category of cannabis and will turn illegal under the NDPS act. So while the usage of CBD oil is not illegal and you can’t be imprisoned, it’s advisable that you check twice with your doctor before its usage. If you’re unsure about the license of the seller or the laws surrounding it, the team at Rahul Dev can give you some legal advice!

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