212-300-5196

Service & Results.

nyc criminal lawyers over 30 years of experienceWe Know How To Win Cases

Spodek Law Group handles tough cases
nationwide, that demand excellence.

Get Free Consultation

Faced 5+ Years in Prison

People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

Faced 10+ Years in Prison

People Vs. Anna Sorokin

Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

Faced Potential Charges

Ghislaine Maxwell Juror

Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

Spodek
Law in the Media

View All

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.

Is CBD illegal to possess

Legal possession of CBD? Consider the source
An April 2018 issue of Forbes magazine cites the criminal case of an Indiana man whose overwhelm caused him to call the outcome ‘‘the best day of my life.’’ Hamilton County resident Mamadou Ndiaye, 41, had been arrested for marijuana possession in August of 2017 and faced jail time and a $1,000 fine after a bottle of CBD oil, which the state legalized in March, was found in his car.

The judge and the prosecution dismissed the matter, but their action added more discourse to the long-lived and thorny topic of marijuana legalization in the United States.

In June, Oklahoma became the 30th state to legalize medical marijuana, while nine states and the District of Columbia have OK’d recreational pot since 2012. Now, it’s the CBD issue, an outgrowth of the marijuana cultivation industry, that has led to considerable confusion and almost fueled Ndiaye’s path to confinement. Despite the Internet ads that herald its sanction, CBD is not legal to possess in all 50 states.

A fine physical distinction spells the difference between legitimacy and lawlessness — and amid the muddled climate, you may be flirting with judicial misuse.

CBD stands for cannabidiol, a compound found in the marijuana plant that is said, among other things, to curb anxiety and seizures, relieve pain, aid in sleep and digestion and help fight cancer. It’s among 113 compounds found in marijuana and is widely available commercially in many forms, even in pet shops. As marijuana becomes increasingly acceptable, it’s arguable that CBD will find its way into larger markets as a medication for those who can’t reasonably ingest byproducts from the plant.

Moreover, CBD is non-psychoactive, meaning that its users can’t contract the high associated with marijuana. It’s present in 40 percent of the marijuana plant, second only to THC (tetrahydrocannabinol), the active ingredient in weed that produces the user’s ‘‘stoned’’ sensation.

Despite its apparent virtues, CBD is a subject of scrutiny.

The cannabis industry claims that CBD products are classified as hemp under U.S. law as long as they contain 0.3 percent or less of THC. It adds that such products are thus legal to process and distribute (the Forbes story said a test of Ndaiye’s CBD oil contained no trace of THC).

But the U.S. Drug Enforcement Administration begs to differ. In a 2017 Brookings Institution report, it said that ‘‘[A]ny product that contains THC, even in small amounts, is considered marijuana under federal law and is illegal.’’ Technically, U.S. laws trump those of the states, although a Stanford University publication says ‘‘[s]uch prosecutions would require a lot of resources, with very little assurance of success.’’

A recent Pew Research Center poll reflects that 61 percent of Americans favor the legalization of marijuana, paving the way for the sanction of CBD. Right now, its legitimacy depends on whom you talk to. If the discussion includes an official from the DEA, it probably won’t last too long.

Free Consultation

Testimonials

I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

5 Stars
It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

Spodek Law Group

White Glove Service

We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. Regardless Of Where Your Case Is, Nationwide, We Can Help You.
View More

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196

get directions

Los Angeles

611 S Catalina St Suite 222, Los Angeles, CA 90005

212-300-5196

get directions

QUEENS

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196

get directions

BROOKLYN

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196

get directions
Call Now!