iPuff CBD Legal Information
Attorneys Statement of Position
ABOUT OUR PRODUCT:
iPuffCBD is registered and trademarked as a mobile vaporizer device with a pre-filled atomizer containing high quality hemp oil extract high in cannabidoil (CBD) derived from agricultural hemp. The CBD oil is non-GMO and gluten free.
iPuffCBD is created using chemical-free CO2 extraction process ensures product stability and quality, while minimizing thermal degradation of the plant material and extracted oil. The process is non-toxic and environmentally friendly.
iPuff Vape LLC operates with 100% compliance under federal and state law.
Hemp is legal to import sell and consume in the United States. Non-psychoactive hemp and CBD are not included in Schedule I of the
Controlled Substances Act (CSA). 21 USC §801 et seq. Our hemp products are considered food and dietary supplements and our CBD is a natural constituent of the hemp plant/hemp seed and stock oil and is not synthetic or artificial therefore our naturally-derived, agricultural hemp-based CBD is exempt from Schedule I.
In fact various hemp products including hemp oil, hemp clothing, and hemp jewelry, hemp seed, and other hemp-finished products may be found on the market in the United States. What sets us apart is our high CBD content and superior quality.
AUTHORIZING FEDERAL & STATE STATUTES:
The CSA makes it illegal to manufacture, distribute, dispense or possess any controlled substance unless authorized by the CSA. The CSA schedules controlled substances into five different classes. Marijuana is listed in Schedule I.
However, in defining marijuana under the CSA, Congress specifically excluded
“the mature stalks of such plan, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks(except the resin extracted therefrom), fiber, oil, or care or the sterilized seed of such plant which is incapable of germination.”
21 U.S.C. §802(16).
Further, The United States Court of Appeals for the Ninth Circuit in Hemp Industries Association vs. Drug Enforcement Admin., 357 F.3d 1012 (9th Cir. 2004), recognized that “non-psychoactive hemp [that] is derived from the ‘mature stalks’ or is ‘oil and cake made from the seeds’ of the Cannabis plant, …fits within the plainly stated exception to the CSA definition of marijuana.” Id. at 1017. As such, the court determined that the government(i.e. DEA) has no authority under current law to completely ban “THC that is found within the parts of Cannabis plants that are excluded from the CSA’s definition of ‘marijuana’ or that is not synthetic.” Id. at 1018.
With the historic passage of Amendment 64 in 2012, Colorado ushered in a new era for marijuana, but also impacted the use of hemp and CBD in the state by defining “industrial hemp” and adopting the CSA definition of marijuana, excluding hemp products from state oversight. Colo. Const. art. XVIII, §§16(2)(d) and 16(2)(f).
“Industrial Hemp” is defined as “the plant of the genus cannabis and any part of such plant, whether growing or not, with a delta‐9 tetrahydrocannabinol concentration that does not exceed three‐tenths percent on a dry weight basis.”
Finally, the State of Colorado has gone a step further and authorized the cultivation of industrial hemp and regulation of the same through the passage in 2013 of Senate Bill 241 and the Industrial Hemp Farming Act of 2014, also known as H.R. 525, in 2014. The Colorado Department of Agriculture is charged with implementing and administering that program.
iPuff VapeTM LLC does not sell or distribute any products that are in violation of the United States Controlled Substances Act (CSA), or Colorado Statute or Regulation.
Please check your country’s legal status of hemp oil and cannabidiol (CBD) before ordering with us. iPuff VapeTM LLC is not liable for knowing the status of hemp oil and cannabidiol (CBD) in every country. It is your responsibility to know your country’s laws before ordering with us. We do not sell or distribute our hemp-based products to Canada.
Food & Drug Administration (FDA) Disclaimer:
These statements have not been evaluated by the FDA. This product is not intended to diagnose, treat, cure, or prevent any disease