In one of my previous posts I highlighted some of the murky areas surround CBD. While The Farm Bill of 2018 legalized hemp at the federal level it did some with restrictions. One of which was that hemp could contain 0.3% THC or less.
However, one of the areas where there are the most grey and murky areas of the law is when CBD is used in foods and edibles. This can cause much confusion. There can be even more confusion at some individual state levels especially when CBD food products cross state lines.
Background on CBD Oil (Cannabidiol)
CBD oil (cannabidiol) is one of the numerous cannabinoids that are found in the cannabis plant. The other well known cannabinoid is THC. The important distinction between CBD and THC is that CBD is non psychoactive and does not cause an intoxicating high.
It is becoming increasingly used because of its medicinal qualities. Many are finding it to be helpful in relieving symptoms such as pain, anxiety, insomnia just to name a few. CBD is primarily extracted from Hemp and not Marijuana.
Although both Hemp and Marijuana are in the same family they are not the same plant. Hemp contains rich levels of CBD and very scarce levels of THC. It also has many industrial uses. Hemp is very fibrous and can be used to make ropes/cords, paper, clothes and its seeds are a very nutritious food source.
Is CBD Legal?
The 2018 Farm Bill did legalize Hemp at the federal level. This opened the doors to begin to remove the taboo of Hemp and CBD from its unfortunate confusion with Marijuana and THC.
However, there is still much confusion even at some law enforcement levels. Some still do not understand the law and mistake legal Hemp for Marijuana. Recently the NYPD popularized a bust on social media for what turned out to be legal Hemp to be used for CBD. A $10 Million lawsuit is in the works against city due to the mistake.
CBD products are sold and must contain 0.3% THC or less. Proper labeling is important for products to be in full legal compliance. To make matters even more confusing CBD based food products run into legal problems with the FDA.
CBD Based Food Products & Edibles Not Quite Legal
Although you may see CBD based food products pop up, there are growing legal issues. The FDA is cracking down and lawsuits could be pending. Until all the legal language surrounding CBD oil and food is completed it still is a murky area.
Some individual states may have additional legal issues with it especially when it crosses state lines. Edible products such as CBD gummies are very popular but may not be officially legal. At least not yet.
This article to those in the food processing industry spells out many of the problematic legal loopholes with CBD and food. Although edible CBD products can be popular and be fun. It’s not always advisable (at least to start). Dosing can be problematic as CBD may not be absorbed optimally as it goes through your digestive tract.
This can vary based upon the individual and conditions such as stomach acid and other foods present during digestion.
Will CBD Food Products Become Legal?
As it stands now its still an area of confusion. Due to the amount of interest in CBD and related products there will be a drive to iron out legal language and details. CBD is still a relatively unregulated industry. There are lots of players in the market. Some of the companies can be very reputable and seek to follow full compliance standards with high quality products from Hemp sourced responsibly.
However, there are still some others there that can not be in full compliance nor source Hemp grown in optimal conditions. Just be mindful when purchasing CBD products and always seek a quality product from a reputable manufacturer. Failure to purchase high quality CBD could potentially lead to hidden dangers that you do not know about.
In the coming months the needle may begin to move to give clarification. However, the FDA and other government bureaucracies can move at a snail’s pace.