YOU MUST BE (21+) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER (21+) YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS ExhalecbdApothecary.com FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE FALLS WITHIN THE CHILD ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO.
COLLECTION OF PERSONAL INFORMATION
We receive and store any information you knowingly provide to us when you make a purchase, fill any online forms on the Website. When required this information may include your email address, name, phone number, address, credit card information, bank information, or other Personal Information. You can choose not to provide us with certain information, but then you may not be able to take advantage of some of the Website's features. Users who are uncertain about what information is mandatory are welcome to contact us.
USE OF COLLECTED INFORMATION
Any of the information we collect from you may be used to improve customer service and respond to queries and emails of our customers; process transactions; send notification emails such as password reminders, updates, etc; run and operate our Website and Services. Non-Personal Information collected is used only to identify potential cases of abuse and establish statistical information regarding Website usage. This statistical information is not otherwise aggregated in such a way that would identify any particular user of the system.
BILLING AND PAYMENTS
We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in its control and custody. However, no data transmission over the Internet or wireless network can be guaranteed. Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and our Website cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third-party, despite best efforts.
We will disclose any information we collect, use or receive if required or permitted by law, such as to comply with a subpoena, or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. In the event we go through a business transition, such as a merger or acquisition by another company, or sale of all or a portion of its assets, your user account, and personal data will likely be among the assets transferred.
CHANGES AND AMENDMENTS
We reserve the right to modify this Policy relating to the Website or Services at any time, effective upon posting of an updated version of this Policy on the Website. When we do we will post a notification on the main page of our Website. Continued use of the Website after any such changes shall constitute your consent to such changes.
ACCEPTANCE OF THIS POLICY
You acknowledge that you have read this Policy and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to use or access the Website and its Services.
Exhale Apothecary is not intended for use by persons under 21 years of age. Consult a physician before using any of our Products if you have any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other medications.
These statements have not been evaluated by the food and drug administration (FDA). These products are not intended to diagnose, treat, cure or prevent any disease.
Exhale Apothecary makes NO guarantees that any person will be able to pass a drug test after using our products.
LEGALITY OF CBD FOOD PRODUCTS
Our industrial hemp-derived cannabidiol (CBD) products are legal to buy, possess consume and sell in the United States as well as many other countries. The FDA considers Hemp and Hemp-derived cannabinoids (including CBD) to be food-based products, and non-psychoactive hemp is NOT included in Schedule I of the Controlled Substance Act.
Our hemp products are considered food or dietary supplements, and our CBD is a natural constituent of the Cannabis Hemp and stalk oil and is not synthetic or artificial; therefore, our naturally-derived, industrial hemp-based CBD is exempt from Schedule I, just as any other constituent of non-psychoactive industrial hemp.
LEGALITY OF DOMESTIC INDUSTRIAL HEMP
Our hemp products are produced under the lawful authority of the Federal Farm Bill Act of 2014, which defines industrial hemp as Cannabis sativa L. with a delta-9 Tetrahydrocannabinol (THC) concentration of not more than .3 percent. All of our products are lab-tested and certified to be at or below this .3% legal threshold.
The United States Court of Appeals for the Ninth Circuit in Hemp Industries Association, v. Drug Enforcement Administration, 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 exemption 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. Industrial hemp is legal to import under the Controlled substances Act (CSA). Since 1937, the federal statute controlling marijuana has excluded the stalk, fiber, oil and sterilized seed of the plant Cannabis Sativa L., commonly known as hemp, from the definition of marijuana. 21 U.S.C. 802 (16), and again in reference to 2-6-04 Ninth Circuit Court of Appeals ruling.
The sale, production and distribution of CBD oils/products derived from industrial hemp is not in violation of the Controlled Substances Act (CSA). In Hemp Indus. Assn’s. v. DEA, 357 F.3d 1012 (9th Cir. 2004), the Ninth Circuit ruled that naturally occurring cannabinoids in industrial hemp foods, including oil, were never scheduled under the CSA; therefore, the DEA has no jurisdiction. This means that CBD, and even THC, when in industrial hemp oil, are legal.
Industrial hemp products are not considered “marijuana” under the CSA. A company may acquire, possess, and produce products that are not defined as “marijuana.” The CSA definition of “marijuana” expressly and intentionally excludes “the mature stalks of such plant, 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 cake, or the sterilized seed of such plant which is incapable of germination.” See 21 U.S.C. § 802(16). Thus, industrial hemp stalks, fibers, oils, or cakes derived from a hemp plant i are not legally defined as marijuana, and are, therefore lawful to possess. The DEA has no authority to regulate drugs that are not scheduled/defined. Id.; Hemp Indus. Assn’s. v. DEA, 357 F.3d 1012, 1014 (9th Cir. 2004).
Even industrial hemp containing THC is lawful under the CSA because natural THC that is not derived from “marijuana” is lawful under the CSA. The DEA can regulate products containing natural THC if it is contained within “marijuana,” and can regulate synthetic THC of any kind. But it cannot regulate naturally-occurring THC not contained within or derived from “marijuana,” i.e., non-psychoactive hemp products, because non-psychoactive hemp from the stalks and fibers of such a plant are not included in Schedule I. The DEA has no authority to regulate drugs that are not scheduled/defined. And the definition of THC under the CSA includes only synthetic THC. 21 C.F.R. § 1308.11(d)(27); Hemp Indus. Assn’s. v. DEA, 357 F.3d 1012, 1014 (9th Cir. 2004)(quoting Hemp Indus. Assn’s v. DEA, 333 F.3d 1082, 1089 (9th Cir. 2003).
Please check your country’s legal status of cannabidiol (CBD) before ordering with us. It is your responsibility to know your country’s laws before ordering with us; we are not liable for knowing the status of cannabidiol (CBD) in every state or country.
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