With the recent advances towards CBD legalization (such as the declassification of hemp as an illegal substance and the passing of laws that legalized CBD in numerous states), many believed that the shroud of legal complications that hung over hemp-derived CBD was lifted.
Under that assumption, business began to offer a variety of CBD-infused food products including desserts, beverages, and other consumables.
“It’s unlawful under the FD&C Act to introduce food containing added CBD or THC into interstate commerce, or to market CBD or THC products as, or in, dietary supplements, regardless of whether the substances are hemp-derived. This is because both CBD and THC are active ingredients in FDA-approved drugs and were the subject of substantial clinical investigations before they were marketed as foods or dietary supplements.”
C.J Holm, co-owner of the Fat Cat Kitchen in New York City, says that officials from the Department of Health forced their business to stop selling foods with CBD and confiscated over $1,000 of products during their inspection.
Last week in Lansing, Michigan, state health officials ordered two coffee shops to remove all CBD products from their shelves.
While both states seem to have somewhat lenient laws towards CBD, their position towards the matter, along with many other states, is clear––CBD is not an approved food additive.
Even proactive states like California have clarified their position towards the matter, stating that, “Until the FDA rules that industrial hemp-derived CBD oil and CBD products can be used as a food or California makes a determination that they are safe to use for human and animal consumption, CBD products are not an approved food, food ingredient, food additive, or dietary supplement.”
Evidently, state health officials do not take the FDA’s disapproval of CBD as a food additive lightly, regardless of their position towards Cannabis or medicinal CBD products.
While the industry has progressed so much over the last few years, it seems we’re not out of the woods yet, but don’t lose hope––there’s a bright future ahead.
Please note that the laws and the level of regulation towards this matter will differ from state to state. This has created a lot of confusion. If these regulations could affect you or your business in any way, you should definitely consult with your lawyer for the proper interpretation of the law in your state.