Since the US Farm Bill of 2018 the regulatory status of the hemp plant and the cannabinoid cannabidiol (CBD) derived from it has changed. This created a lot of misinformation and also due to the lack of clear guidelines about its use by FDA for use in foods. As a result, there is unregulated use of it in edibles and other health and wellness products. Besides, this can create confusion for first time buyers or consumers of cannabidiol products. Read on to know about the current FDA status about the use of CBD in food and dietary supplements and other related details.
The Farm Bill Of 2018
The US Farm Bill is also known as the Agricultural improvement Act of 2018, and the widespread misunderstanding regarding this law is that all the substances derived from the hemp plant are legal. This includes CBD along with other cannabinoids and they can be used in food and other dietary supplements. In fact, this law only removed it from the category of marijuana from Controlled Substances Act. The upgraded act or 2018 Farm Bill considers hemp strain that has less than 0.3% of THC in dry weight legal, and its cultivation came under the regulation of Drug Enforcement authority. Also, it provided greater authority for the states to make decisions regarding hemp plant cultivation and distribution of products made from it.
You should also know that the 2018 Farm bill did not have any influence on FDA regulations regarding the use of cannabidiol (CBD) as food additive or dietary ingredient. The regulation of the use of cannabis or cannabis derived compounds including hemp is under the FDA. So, CBD comes under the Federal Food, Drug and Cosmetic Act (FFDCA).
FDA Position On Cannabidiol (CBD)
The interstate commerce of dietary supplements or foods containing CBD is unlawful according to the FDA. This is because it is illegal to use cannabidiol in these products under the Federal Food, Drug and Cosmetic Act (FFDCA) as it had been scientifically studied for use as a drug.
The FDA has approved the drug Epidiolex which is made from purified synthetic CBD. This is found to be effective in the treatment of Lennox-Gastaut syndrome (LGS) and Dravet syndrome in children above two years old. The FFDCA states that it is unlawful to sell food products that contain drugs approved by the FDA for which clinical investigations have been conducted and the results made public. As of now, the FDA has taken only action against CBD products making claims like prevention, mitigation, cure and treatment of diseases. In such scenarios they send warning letters to the manufacturers.
These are some details that you must keep in mind when buying or using CBD products and the state and federal level CBD laws are based on this.