But according to the Webster County attorney’s office, that is not the case.

Webster County Attorney Darren Driscoll said he and First Assistant County Attorney Ryan Baldridge did extensive research into cannabidoil, also known as CBD oil.

Driscoll said the office reviewed “all relevant and state laws as well as advisory opinions from a number of state agencies,” and it came to the conclusion that CBD oil is illegal in Iowa.

The relevant state law applies to Iowa Code Section 124E, which states that CBD oil is only legal for use to treat a “debilitating medical condition” and only if a “physician or health care provider authorize its use,” Driscoll said.

“Then you have to be authorized for the program,” he said. “Unless you’re using it or possessing it under that very specific, limited route, it’s illegal to possess in the state of Iowa.”

The confusion appears to stem from the 2018 farm bill, which allows for the production of hemp as long as it doesn’t contain more than 0.3 percent of THC.

“The confusion lies in the fact that this is a federal law and not a law adopted by the state of Iowa,” the official statement from the Webster County attorney’s office stated. “The federal 2018 farm bill ensures that hemp will be legal, so long as hemp is produced a manner consistent with that bill, relevant federal regulations and relevant state regulations.”

Driscoll said many websites that sell cannabidoil advertise that it’s legal in all 50 states.

“We disagree with that analysis based on our understanding of Iowa law and the research that we did,” he said.

Baldridge added the county attorney’s office is aware that there are places in the county that are selling CBD oil.

“There are several people in the county that we’re both personally or publicly aware of that were selling it through social media or direct marketing businesses,” he said. “And there are also brick and mortar businesses within the county that are selling it.”

It’s being sold for both human consumption and for pets and other domestic animals.

Driscoll said anybody caught with cannabidoil could be charged with any number of offenses, ranging from possession of a controlled substance, which is a serious misdemeanor, up to possession with intent to deliver, which is a felony.

But instead of arresting people for violating the law, Driscoll said the county attorney’s office decided to first let people know that CBD oil is illegal.

“Other counties have made arrests or done seizures,” he said. “We didn’t want to take that approach at this point because we know there’s a lot of well-meaning, well-intended people that truly didn’t know this was illegal. So we want to do a public service and educate the public, which is why we didn’t arrest someone and make an example of someone.”

Those who do have CBD oil should destroy it.

Baldridge said the same goes for businesses that are selling the oil.

“Likewise, businesses that are engaged in selling it, either online or over the counter, should cease doing that,” Baldridge said. “They’re putting their customers in a difficult position because a lot of people, just from the press release that we put out, have commented, ‘Well, we assumed it was legal because we bought it over the counter.'”

Driscoll also said that just because the county attorney’s office considers CBD oil to be illegal does not mean the office is taking an official stance on whether the oil itself is good or bad.

“We’ve heard lots of anecdotal evidence from people and seen lots of reports that some people think it has very good health benefits,” Driscoll said. “But that’s not our job. We’re not legislators. That’s up to legislators to determine safety risk, whether something should be allowed in the stream of commerce.”

“And until such time as the legislature determines that it’s legal and changes the law, this is the position regardless of the purported health benefits.”