CBD Oil Charge Dismissed

Sep 5, 2018

Credit usa.gov

A felony case involving hemp oil in Teton County has been dismissed. In July, a Montana woman was stopped by police officers in Teton County. Anita Maddux was charged with felony possession of CBD oil containing THC. 

Cannabidiol (CBD) and tetrahydrocannabinol (THC) are the two main compounds found in Cannabis plants. CBD is extracted from the hemp plant, whereas THC is the main psychoactive ingredient in marijuana. 

Teton County Deputy Prosecutor Clark Allan said Wyoming’s law is clear. It is illegal to possess any oil with THC.  But whether the case is prosecuted depends on common sense.

“When we have someone coming through with a long history of controlled substance abuse and maybe a small amount of heroin, meth and other things along with oil then we’re going to look at the oil differently than with someone who has no criminal history,” Allan said.

Allan said this particular case involved an individual with no criminal history. However, he said the statute needs to be updated since there’s a disparity in the application of the law.

“You get a little of THC in oil and that’s a felony. Yet, you can have a whole bunch of gummies that are loaded heavy with THC and they fall under a loophole in the law,” he said.

Lawmakers have grappled several times to clarify the issue in Wyoming law but have yet to agree. Just last month, Wyoming Division of Criminal Investigation told stores in Jackson Hole to pull CBD oil from their shelves.