Are CBD Edibles Illegal? — The Confusing State Of CBD Edibles Law

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By now, most customers assume hemp-extracted CBD products are legal in the USA. After all, didn’t the 2018 US Farm Bill legalize all hemp-derived goods? If a CBD manufacturer follows this law, why would there be any issue with buying, selling, or using CBD extracts?

While it’s true that CBD supplements are now OK in the USA, there are some complications in the nation’s hemp laws. Specifically, many federal authorities have issued warnings and raids on CBD edibles.

Although it’s getting easier to find CBD edibles in the USA, the Food and Drug Administration (FDA) has issues with this emerging market. People interested in CBD gummies, drinks, or brownies must review the latest stance from state and federal regulators.

Are CBD Edibles OK? — What Does The FDA Have To Say?

The FDA’s website makes it clear that it doesn’t permit the manufacture of sale of CBD-containing edibles. Interestingly, the reason the FDA doesn’t approve CBD-infused edibles has to do with the approval of a CBD-containing drug known as Epidiolex.

In 2018, the FDA OKed the drug Epidiolex for patients with severe epilepsy. Since Epidiolex has high traces of CBD, the FDA cannot endorse any retail product that mimics this medication.

As the FDA states, putting CBD in a food product is illegal because it goes against “section 505 of the FD&C Act.” Under this law, the FDA can’t use ingredients in current medications in consumer foods. Despite the fact that the US Government approved hemp-derived goods, the FDA still doesn’t recognize CBD as a safe dietary supplement or food additive.

So, Does This Mean CBD Gummies Are Illegal?

Although the FDA doesn’t permit the sale or use of CBD-infused edibles, that doesn’t make these products illegal. The 2018 US Farm Bill still protects all hemp-derived items if they contain ≤ 0.3 percent delta-9 THC. Also, most states don’t appear to have issues with lab-screened hemp edibles.

However, since the FDA takes a tougher stance against CBD edibles, some states have introduced special restrictions on these goods. Police have raided hemp shops and restaurants selling CBD edibles.

For instance, the NY Department of Health raided multiple NYC bakeries in 2019 for selling CBD products. In 2022, the FDA also targeted hemp manufacturers selling CBD-infused animal feed products.

Again, this doesn’t mean CBD edibles are “illegal,” but every state has unique policies governing CBD products. Consumers shouldn’t assume their hometown is OK with hemp edibles until they review the latest local laws. Some states are still waiting for the FDA to formally approve CBD edibles before offering them to consumers.

Find Out More About CBD Edibles On Real Tested CBD

CBD laws can be confusing, especially as they relate to CBD edibles. That’s why Real Tested CBD is so passionate about spreading high-quality hemp education. Our team wants everyone to know the latest CBD hemp policies so they understand what’s available in their area.

Real Tested CBD also works hard to review hemp products from dozens of North America’s CBD brands. On our website, you can find unbiased lab screenings for dozens of CBD products, including CBD gummies, bottled waters, and seltzers.

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