IS IT LEGAL TO USE CBD FOR YOUR DOG? THE ANSWER IS YES! HERE'S THE CURRENT LAW AND THE HISTORY

~1800s

• Early studies emerge investigating the therapeutic benefits of the Cannabis plant, but most scientists of the time dismiss these findings. Cannabis and hemp remain poorly understood and minimally regulated, yet by the turn of the twentieth century, hundreds of “patent medicines” use them as key ingredients.

1899

• Researchers isolate and identify the first known cannabinoid, CBN (cannabinol), though they don’t understand its structure, pharmaceutical properties, or the full significance of cannabinoids yet.

Early ~1900s

• Government attitudes towards Cannabis deteriorate, as many states start to label it as “poison” and/ or a “dangerous drug.” By the mid-1930s, all fifty states have passed varying laws regulating Cannabis in some respect, as part of the earliest phases of the well-known “War on Drugs.”

1925

• The International Opium Convention of 1925 is passed (not to be confused for the earlier International Opium Convention of 1912), marking the first official distinction between what we now know to be hemp and marijuana. “Indian hemp,” a THC-heavy, intoxicating drug (i.e. marijuana), was outlawed, whereas “European hemp,” a low-THC strain grown for industrial purposes, was not (though at the time, they didn’t even know what THC was!).

1937

• The 1937 Marijuana Tax Act (functionally) outlaws Cannabis for non-industrial purposes. Since the federal government lacked the jurisdiction to actually regulate medicines (and by extension, Cannabis), they instead imposed an absurdly high tax on Cannabis, which more or less decimated Cannabis research and hampered industrial hemp growth.

1942

• During World War II, the United States ironically finds itself with a hemp shortage due to the 1937 Marijuana Tax Act. The War Hemp Industries Department is founded, pushing a “Hemp for Victory” campaign that encourages farmers to grow more hemp for the military, issuing federal tax stamps without any change in legislation.

1940

• Researchers identify and isolate CBD (Cannabidiol) for the first time, though they struggle to further research it due to the legal climate surrounding Cannabis.

1963 to 1966

• Scientists make numerous breakthroughs in cannabinoid science, further characterizing CBD and identifying CBG, THC, and CBC for the first time. Furthermore, studies emerge demonstrating that THC was almost exclusively responsible for the intoxicating effects of marijuana.

1970

• The war on drugs reaches a fever pitch, culminating in the Controlled Substances Act of 1970. This indiscriminately classifies all forms of Cannabis as a Schedule 1 drug alongside the likes of heroin and LSD (which, by extension, outlaws cannabinoids on the whole despite research already showing that most cannabinoids are non-intoxicating). No allowances are made for medical or scientific use, and drug arrests skyrocket.

1980

• The first medicinal cannabinoid study emerges discovering that CBD could alleviate seizures in epileptic patients.

1990 to 1993

• The endocannabinoid system is first characterized by the discovery of CB1 and CB2 cannabinoid receptors, paving the way for modern-day cannabinoid research. Researchers then identify anandamide, a natural endocannabinoid produced by the body to activate these cannabinoid receptors.

1996

• California becomes the first state to legalize the medicinal use of Cannabis for those with severe illnesses, marking the first time in decades that Cannabis is legal. Washington, Oregon, Alaska, Maine, Nevada, Colorado, and Hawaii follow suit in the next few years (1998-2000)

2000

• The Clinton Administration threatens to prosecute and revoke the prescription-writing authority of any doctor who prescribes Cannabis. Lawsuits ensue, with doctors coming out on top and gaining the right to recommend (but not prescribe) medical Cannabis.

2014

• The 2014 Farm Bill formally defines industrial hemp as any strain of Cannabis with 0.3% THC or less, permitting its cultivation by certain educational institutions and state departments of agriculture. Hemp is, at last, recognized as an important target for research, although it isn’t removed from the controlled substances list on a federal level. 

2015

• The medicinal hemp industry starts to take shape, and Dr.Hempdog is born! However, many states still outlaw hemp, forcing us to jump through all sorts of hoops to figure out interstate commerce. Some states, like Texas and Missouri, make regular arrests for hemp possession. Despite the challenges, we do what we can to get our product to dogs in need, no matter where they live.

2017

• Banking institutions question the legality and reputability of CBD, regularly banning people for life if they work in the industry, at times even going so far as to make claims of money laundering. Because of this uncertainty, we end up having to relocate our finances numerous times over the years.

2018

• On December 20, 2018, the Agriculture Improvement Act of 2018 (AKA the 2018 Farm Bill) officially passes into law, broadly allowing for the cultivation, sale, transport, and possession of industrial hemp in all fifty states. While cannabinoids technically remain a schedule 1 controlled substance, the 2018 Farm Bill outlines an exception where they’re legal when derived from federally compliant industrial hemp.

• Of course, there are still some legal restrictions when it comes to hemp, especially when it comes to growing it. The USDA and state legislatures retain the right to regulate hemp cultivation, which typically requires hemp cultivators to apply for licenses to ensure that they comply with federal standards. Furthermore, the FDA still forbids companies from making explicit medical claims about hemp, and it’s debatably illegal to include CBD in foods and dietary supplements.

2019

• Government scare tactics and attacks on the hemp industry continue, despite organizations like the FDA and DEA having no jurisdiction or legal right to do so. The FDIC makes it even harder to get bank accounts, culminating in the summer of 2019, where we suddenly found ourselves without any credit card processing (alongside 90% of the CBD industry!). For six weeks, whenever someone made an order, we sent them their product first—then, we’d ask them to send us a check.