Confusion over CBD oil sales after DPD letter


There’s some confusion locally when it comes to CBD oil.

It’s a schedule one narcotic, and for the most part is illegal in the state of Iowa.

The Iowa Department of Public Health says, CBD products are illegal in the state, with four exceptions:

Prescribed FDA-approved drugs, Epidiolex, Sativex, and products produced and approved prior to the Medical Cannabidiol Act.

Davenport police are trying to stay ahead of the game and sent business owners a letter outlining what is and isn’t legal to sell.

Local 4’s James Sears reports, there’s still a lot of gray area.

The Vaporosity Shop in Davenport sells Cannabidiol, or CBD, derived from marijuana plant but without psychoactive effects.  

It can help treat conditions like anxiety, insomnia, stress, and pain.

Last month, owner Todd Smith got a certified letter from the Davenport Police Department.

It reaffirms the illegality of CBD oil, and goes on to say, businesses are subject to random compliance checks by DPD.

Smith tells us, the letter got him looking for answers of his own.

He found hundreds of businesses in the city still selling CBD products right now.

“They haven’t enforced it yet, and that’s the day I’m almost waiting for to see how they enforce it,” said Smith. “If it’s a slap on the wrist and they confiscate my stock, I’ll be okay. But if there’s criminal prosecution, then I will pull it and send to my Illinois store.”

Davenport police tell Local 4 News, there is currently no enforcement strategy, and the educational letter was to make businesses aware of the law while the department comes up with a plan.

“It’s scary,” says Smith, “but it gives me hope that we can still sell it and when the Farm Bill passes, I’m sure we can sell it legally in Iowa.”

In the meantime, Smith says he’ll keep on doing what he’s doing.

The Iowa Department of Public Health regulates what can and can’t be sold.

Scott County Attorney Michael Walton tells Local 4 News, a violation of the controlled substance law is handled like a criminal case – which ranges from a serious misdemeanor to a felony.

Davenport is one of five locations across Iowa where the health department has approved a medical marijuana dispensary.

Local 4 News reported in March, “Have a Heart” is expected to open next month at the former site of Kelly’s Irish Pub and Tavern, at 53rd Street near Jersey Ridge Road.  

Recreational marijuana is now legal in ten states.

Medical marijuana is legal in 33 – including Illinois, but not Iowa.

Read more from Iowa’s Office of Medical Cannabidiol, by clicking here.  

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