California CBD Update
California CBD Update – while we had previously provided on the California regulators views on THC in edibles, we were not able to provide an update on CBD. We are HEMPY to have located
California is following the FDA’s lead. California Health & Safety Code Section 109935 defines “food.” Excluded from that definition are products containing cannabis. Thus, as a threshold step, California is not classifying edibles as food; rather, such products can only be sold at licensed cannabis dispensaries.
Additionally, the California Department of Public Health has squarely addressed whether industrial hemp-derived CBD can be used in food or dietary supplements:
California incorporates federal law regarding food additives, dietary use products, food labeling, and good manufacturing practices for food . . . . Currently, the United States Food and Drug Administration (FDA) has concluded that it is a prohibited act to introduce or deliver for introduction into interstate commerce any food (including any animal food or feed) to which tetrahydrocannabinol (THC) or CBD has been added. This is regardless of the source of the CBD – derived from industrial hemp or cannabis. Therefore, although California currently allows the manufacturing and sales of cannabis products (including edibles), the use of industrial hemp as the source of CBD to be added to food products is prohibited.
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.
No manufacturer, distributor or retailer should act with impunity or out of ignorance to the legal restrictions surrounding CBD and its use in food or dietary supplements. While there are many people and organizations working to enact sensible policies, we just are not there yet.
While we are at it, there is a very interesting article in Current Opinion in Food Science – Opportunities and Challenges in Developing Orally-Administered Cannabis Edibles which is incredibly informative on the need for research…ASAP.