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CBD In F & B

12.2.19

There’s a lot of confusion and questions about CBD products and what it means for CBD-related industries, especially those in the food and beverage industry. The Agricultural Improvement Act of 2018, also known as the “Farm Bill,” removed industrial hemp and products derived from it, including CBD, from the Schedule I list of drugs under the Controlled Substances Act. Which means industrial hemp is no longer illegal at the federal level. So things should be easy, right? 

Wrong. In addition to the federal legal maze, states are adopting their own strategies for dealing with CBD in food and beverage.

In A Nutshell . . .

Under the Farm Bill’s safe harbor, hemp-derived CBD is legal, as long as the hemp contains no more than 0.3% THC (the psychoactive component of marijuana) and complies with all applicable laws at the places of origin and final destination. But it gets more complicated for food and beverage stakeholders. The federal Food and Drug Administration (FDA) has made it clear that:

What To Make Of It All

To be clear, the FDA prohibits companies from adding CBD to food, drinks, and supplements. The agency has expressed concerns about the safety of ingesting CBD. But it has also made a commitment to explore the regulatory framework that will allow hemp-derived CBD to become legally widely available to the public.  

On the state level, hemp-derived CBD is also highly regulated. While some states have adopted laws permitting and regulating the production, transport, distribution, and sale of hemp-based CBD products, the laws are evolving and differ from state to state. And almost all states have adopted the FDA prohibition on advertising and selling ingestible hemp-derived CBD products.

The Takeaways For Now 

All of that being said, there are some takeaways you need to know about the

current – and future – state of CBD in our industry.

For more information, contact the author at ALureryan@fisherphillips.com or 404.240.4219.

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