LEE COUNTY, Fla. – Chances are you’ve seen shops selling CBD oil all over Southwest Florida. It’s advertised to help pain relief, depression, anxiety and a number of other ailments, but now the state says it is not legal.

There are two kinds of CBD oil: the kind from hemp which is legal, and the kind from marijuana which is not legal. That’s because it can contain up to 30% THC.

The problem? The industry isn’t regulated. Until lawmakers regulate it, places selling CBD could be breaking the law.

“I don’t see any harm in it. I’m not sure what they’re afraid of. I’ve only seen only benefit, said Jason Thomas. He uses CBD oil everyday. “I use 2.5-milligrams onto my tongue every morning before I take a shower and it works for me. It improves my mobile ability and my mood. It makes me feel better,” Thomas said.

But the State Agriculture Commissioner Nikki Fried has said it’s not legal.

“I think it’s a move to try and get the legislators in Florida to approve the hemp and get that moving in the proper direction,” said Attorney Michael Hurning.

Reports said her office will send cease-and-desist letters ordering shops to stop selling it.

“Does it mean police are going to come knocking on your door in the next week and confiscate or subject to arrest. I don’t think so,” Hurning predicted.

Rob Fontano sells it and argues more people are using CBD oil. “They’re doctors, lawyers, politicians, police, everybody under the sun,” Fontano stated.

He said eliminating CBD could hurt businesses like his. “I think it could hurt small businesses but most prominently it’s going to hurt people who have found prominent health results,” Fontano said.

We reached out to Nikki Fried’s office to find out when these cease and desist letters will be sent. They have not returned our calls or emails.