In June 2018, following the FDA approval of Epidiolex for rare types of childhood epilepsy, Epidiolex was rescheduled as a Schedule V drug allowing its legal use as a pharmaceutical drug. This change applies only to FDA-approved products containing no more than 0.1 percent THC. This allows GW Pharma to sell Epidiolex, but it does not apply broadly and all other CBD-containing products remain Schedule I drugs.
Concerned about Mykayla’s stomach cramps, Krenzler, who lives in Portland, Oregon, sent a sample of the oil off to Going Green Labs in Albany, Oregon. Like most labs catering to the cannabis industry, Going Green mainly performs THC potency tests. According to Krenzler, when the lab tested his sample, it found that the Real Scientific Hemp Oil contained much more THC than HempMedsPx had claimed—3.8 percent, instead of roughly 1 percent. Krenzler said he was “disturbed” by the finding, and also by the implications it had for other parents of sick children. Medical marijuana is legal in Oregon, but Krenzler noted that in other states that have not legalized pot, anyone purchasing a product with more than a trace amount of THC could find themselves in legal jeopardy. “I feel that HempMeds had misrepresented their product,” Krenzler said.
The ratio of THC to CBD in a product is also important. Lee said products made with CBD oil extracted from resin-rich marijuana plants rather than industrial hemp, which may have no THC at all, are more therapeutic because the two ingredients work synergistically. These oils are also purer, since fewer plants are used and less refining is necessary. However, these products are available only in states with legal weed.
As the demand for CBD products has increased, some states have started to take action. Over the past two years, 17 states have passed “CBD-only” laws, assuring parents who purchase CBD oil to treat their sick children that they won’t face arrest or prosecution from state law enforcement for possessing what the federal government still considers a Schedule I narcotic.
 M. H. N. Chagas, A. L. Eckeli, A. W. Zuardi, M. A. Pena-Pereira, M. A. Sobreira-Neto, E. T. Sobreira, M. R. Camilo, M. M. Bergamaschi, C. H. Schenck, J. E. C. Hallak, V. Tumas, and J. A. S. Crippa, “Cannabidiol Can Improve Complex Sleep-Related Behaviours Associated with Rapid Eye Movement Sleep Behaviour Disorder in Parkinson’s Disease Patients: A Case Series,” Journal of Clinical Pharmacy and Therapeutics 39 (2014): 564–566. doi:10.1111/jcpt.12179.
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