Legal Complications and FDA Regulations
Unfortunately, legal complications can arise even where CBD is supposedly legal. For example, a CBD store owner in Iowa was arrested in December 2019 for alleged “controlled substance violations.” CBD is an active ingredient in an FDA-approved drug. According to FDA regulation, substances which are active ingredients in a drug cannot be introduced as ingredients into food. This is why the FDA disallows CBD in food products prior to the 2018 approval of Epidiolex. A novel food application for CBD is currently under consideration in Europe to authorize its use in food supplements for adults with a daily intake of up to 130 mg.
If you’re confused about whether CBD products are totally above board, you’re not alone. While CBD is legal, state officials randomly test products to confirm they possess less than 0.3% CBD, which has dampened the industry.
Due to the de-scheduling of hemp-derived cannabis, the US has become friendlier for acquiring CBD products legally. CBD users may also easily purchase CBD from dispensaries and drugstore chains in states that have legalized recreational cannabis use.
Is CBD Approved for Food?
CBD oil must contain less than 0.3% THC, the chemical that makes people high, to be legal. You should still check with your doctor before using CBD products to make sure they are safe for you.
The FDA has approved one CBD syrup called Epidiolex as a prescription drug to treat epilepsy in children. Epidiolex went through the FDA’s drug testing process. It was the first FDA-approved drug made from marijuana.
The FDA is still studying whether CBD is safe to use in foods. Some people think the FDA is delaying approving CBD because it wants companies to go through the drug testing process. But the FDA says there is not enough data yet to show CBD is safe to eat or drink.
Technically, CBD is illegal to add to foods and drinks in the U.S. But many companies sell CBD foods anyway, risking punishment. When buying CBD foods, check that the company follows manufacturing standards set by the FDA. The FDA plans to hold public meetings to discuss legal ways to sell CBD foods and supplements. But existing laws prevent the FDA from approving CBD as a food additive.