Hemp-Derived CBD Not Allowed in Food (or Pretty Much Anything Else) in California

Hemp-Derived CBD Not Allowed in Food (or Pretty Much Anything Else) in California

CBD derived from industrial hemp is no longer approved to be included in food or as a dietary supplement in the state of California. The state is waiting until the FDA issues clear guidelines on the level of human safety for consuming CBD from industrial derived hemp. CBD derived from cannabis is also illegal under these guidelines. However, hemp seed oil remains legal as long as the manufacturer does not make any dietary claims about the product. The State of California is essentially following the FDA and its rules regarding CBD products made from hemp.

The FDA has been issuing cease and desist letters to producers of CBD products that make a medical claim regarding the product. Despite this strict stance on CBD the FDA recently approved the use of Epidiolex, a drug derived from cannabis to treat severe epilepsy.

This is an evolving situation which deals with the Federal Food Drug and Cosmetic Act. Currently Epidiolex is the only CBD product which has been approved under this law. California Department of Public Health’s Food and Drug Branch rules also apply to CBD products originating from other states. How enforcement of these regulations will be carried out remains to be see. Many other states still allow CBD derived from hemp to be used in food and supplement products.