Is CBD Federally Legal? History of Cannabis Prohibition

is cbd federally legal?

By Joe, Owner Drip CBD CO 

If you live in a state that has legalized marijuana, you probably take legal cannabis for granted. Mary Lynn Mathre, Ed, author of A Legal, Historic and Pharmacological Overview of the Therapeutic Use of Marijuana, was told she would be blind within three years after two unsuccessful surgical procedures. Unfortunately the only way to get medical marijuana was through the FDA’s Investigational New Drug Program in 1989. Luckily, she was granted access to medical marijuana through the program. As of 1997, she had her sight and credits medical marijuana. Many people are still not allowed to benefit from marijuana’s therapeutic properties because the United States Government’s long history of misinformation, insufficient research, and demagogy related to marijuana prohibition.

The argument to criminalize THC has is understandable. While I don’t agree, there’s a case to be made for abuse and consumption by children. However, hemp prohibition is absolutely unacceptable. The fact that CBD has just reached mainstream American is preposterous.


Marijuana was first introduced to America in the early 1900s just after the Mexican Revolution. Southern states saw an influx of Mexican immigrants. Many of these new American’s used cannabis for medicinal and recreational purposes. American’s were familiar with cannabis because it was available in medicine they were already using. The media used the word ‘marihuana’ to play into the public’s existing fear of Mexican Immigrants. Subsequently, using marijuana as a means to monitor, arrest, and deport Mexican-Americans.  

Marihuana Tax Act

Before the Marihuana Tax Act of 1937, the trade of weed was legal. The law enacted the heavily regulation of the marijuana industry to a point where starting a cannabis business was almost economically impossible. Selling and possessing marijuana for recreational purposes was illegal. The tax act killed the hemp industry. Turning hemp, a once viable alternative to plastic, rope, paper, clothing, ect. into an over-regulated and overtaxed crop.

Reefer Madness

Possibly the worst blow to the marijuana industry that came out of the 1930s was ‘Reefer Madness.’ An array of propaganda to demonize marijuana and push prohibition further. Claiming pot would turn your innocent white child into a satanic criminal and would act as a vehicle to turn men of color violent and influence them to solicit sex from white women. This sounds unbelievable but posters and videos making these claims are well documented. The effects from Reefer Madness still exists today. Our former Attorney General, Jeff Sessions said ‘good people do not smoke marijuana’ along with a plethora of misinformation at a televised Senate hearing on the dangers of drugs.

Schedule I

Propaganda created a distorted view of cannabis by the public, and schedule I definition by Richard Nixon. This classifies marijuana as unsafe, not accepted for medical use, and high potential for abuse. Research is only available for those who apply through federal agencies. Labeling marijuana a schedule I not only made medicine unavailable to ease patient’s pain from cancer, glaucoma, aids, and seizures but made researching medical benefits more difficult. According to Mathre “Because marijuana is an illegal drug, accurate information about it is difficult to obtain. Mainstream information includes scare tactics, lies, and faulty research finding that have been repeatedly reported as though they were factually correct…Thus, many healthcare professionals are simply ignorant of the therapeutic uses of cannabis.” This is the reason CBD is only just now getting mainstream attention.

While the psychoactive compound that produces the ‘high’ associated with marijuana (THC) is only one property of the plant, all aspects of cannabis were suppressed by the US government through legal status, demonization, and misinformation because of THC.


Not until 1996, California legalized medical marijuana. Today, federal legalization seems to be inevitable. Thanks to cannabis pioneers like Mary Lynn Mathre, Ed. we have made huge strides toward cannabis utilization. The DEA is requesting seven thousand pounds of legal weed to be grown and used for scientific studies in 2020. The US government recently awarded three million in medical marijuana research. To amend the mistakes in the past, we need more cannabis research and prison reform. Many people are in prison today for trafficking or possession of marijuana in the US adding to the world’s largest prison population. There are over two hundred know cannabinoids, I would bet that we won’t be only enjoying the benefits of CBD and THC in a few years.

As prohibition comes to an end, it’s important to understand there is still much to know about cannabis and that the industry’s regulatory process has not fully developed. Many companies are getting away with false claims and inaccurate CBD content because the FDA has chosen to not regulate the CBD industry. It is extremely important to know what you are putting into your body. Make sure to know the ingredients and look at third party lab tests before buying CBD products. At Drip CBD Co. our #1 priority is to offer customers full transparency.

Lightscale Labs evaluate the CBD and THC content in our products. Click here to check out the results for all our products. We sell a variety of CBD products including oil, lotion, and pain relief cream

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