Los Angeles CBD lawyers can explain that overlapping federal and state laws have created substantial confusion among restauranteers about what’s legal and what’s not. Consulting with an attorney before launching your latest line of CBD products is advisable.

California and Federal Laws on CBD in Food and Drink Products

CBD was removed from the list of Schedule I narcotics by the U.S. Drug Enforcement Administration just prior to the passage of the 2018 Farm Bill, which thereafter removed the drug from the list of scheduled drugs entirely. Still, it’s the position of the U.S. Food & Drug Administration that CBD-laced food products sold into the food supply are illegal, per the federal Food, Drug & Cosmetic Act, the original version of which was passed in 1938. That law makes it illegal to sell a prohibited active ingredient in foods or supplements slated for sale across state lines.

However, the FDA has approved a CBD-laced seizure medication called Epidiolox to be treated for a rare form of seizures. The outgoing FDA commissioner told Congressional leaders last month that the agency may consider allowing the use of CBD compound in some foods if it was diluted. That’s not expected to open the doors overnight. An FDA public hearing on cannabis compounds – including CBD – is slated for May. It’s meant to be an informational conquest, but is unlikely to result in any final decisions pertaining to the law.

More recently, Los Angeles CBD lawyers were made aware that the California legislature amended AB 228, the state’s position on CBD in food, beverage and cosmetic markets. This didn’t entirely green-light CBD for use in food products, but the amendments might eventually open the doors to the manufacture of such products, if they contain hemp-derived CBD (as opposed to cannabis-derived CBD) and are licensed within the cannabis chain.

Lawmakers in several states and cities are carving out their own rules. In Colorado, for instance, lawmakers last year expressly allowed any part of a hemp plant to be used for infusion in foods for sale. California, Maine and New York City, however, back the FDA stance that CBD is not to be sold as an additive in food. The majority of states, however, refuse to allow any CBD to the general public. Others only allow it to be distributed with a doctor’s prescription.

California’s Recent CBD Amendment

The initial text of AB-228 would have indicated food, drinks and cosmetics wouldn’t be considered “adulterated” with the inclusion of hemp-derived CBD. The revised version of the bill would indicate this but also that foods and drinks containing CBD hemp are safe for consumption by both humans and animals.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:’

AB-228 Food, beverage, and cosmetic adulterants: industrial hemp products, March 21, 2019, California Legislative Information

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Los Angeles CBD shop attorneys understand that while these little stores are outnumbered by the full-service cannabis dispensaries in the city hundreds-to-one, these store owners say they were drawn to the business primarily for the health benefits and variety of products (salves, tinctures, creams, edibles, soft gels, tinctures and more), but also for the reduced legal risk and ease in securing insurance and funding. One in L.A., for instance, sells only hemp-made CBD oil expressly for this purpose Shops that sell only CBD aren’t required to have the pricey licensing, as is required by legal cannabis dispensaries in California.

Such stores have also opened in Missouri, Texas, Kansas, Arkansas, North Carolina, Minnesota, Louisiana, Florida, Georgia, Mississippi and Ohio. What the Farm Bill, signed in December by the president, did was remove hemp from the list of controlled substances, allowing states to freely allow permanent cultivation programs, and farmers can be eligible for crop insurance and grants.

There are only trace amounts of TCH in CBD, and it’s even proven effective for some people with epilepsy, cancer, chronic pain and PTSD. The U.S. is also well-known to be the No. 1 importer of hemp products globally. Costs on those items may fall. Our L.A. CBD business attorneys expect these new stores may now start growing like weeds, particularly where access to the drug may be limited to medicinal use.

Meanwhile, some companies have taken to selling these CBD oil products online, particularly in states where cannabis is not legal. However, with no testing regulations in place for CBD products, though the U.S. Food and Drug Administration has issued warnings with regard to making false claims on the medicinal properties, potency and effectiveness of the product they are selling. So long as the the CBD oil is hemp-derived, it is likely to be legal per the provisions of the 2014 Farm Bill and the updated version in 2018, but it’s a good idea to speak with an L.A. CBD shop attorney before launching your online venture – particularly if you plan on shipping out-of-state sales.

Having worked in California’s medicinal and legal cannabis from the start, we have seen the expansion of CBD oil from high-quality medicine to essentially a social commodity. Many companies are rushing to invest their dollars in various sectors industry-wide. Knowing exactly what you are diving into – and ensuring you are following all legal guidelines and required administrative processes. You don’t want to be ensnared in a battle with local or state government officials because paperwork wasn’t properly filed before a hard opening. We can help.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

CBD-Only Stores Start Popping Up Like Weeds, Sept. 7, 2018, By Joanne Cachapero, MGretailer.com

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First Church of Cannabis Lawsuit: Marijuana “Rites” of Faith Falter in Court, Jan. 6, 2018, Los Angeles CBD Business Attorney Blog