CBD oil

Has there ever been a more confusing natural supplement in terms of legality than CBD? I remember when ephedra was the star of legal matters about 15 or so years ago, but CBD’s legal status has stayed questionable for even longer than any other supplement I can remember. It can be readily found where I live in western Washington, but every state is different and it varies in other countries as well. I’d love to know what the status is where you live so if you have a moment, comment on where you live and CBD’s status, or contact me with a quick status report.

The answered questions below have been provided by New Hope Network. I am a member of the New Hope Influencer Co-op, a network of health and wellness bloggers committed to spreading more health to more people. In short, we share what’s happening in the natural foods and products industry when we feel it relates to our audience, and I always get questions about CBD, so if you are curious, read on.

Federally legal, but illegal in certain states, marijuana’s cousin, hemp, is steeped in regulatory confusion. Get answers to some of the top legal-based questions about CBD.

1. Did the 2018 farm bill make it legal to sell CBD in all 50 states?
2. Yes … and no. The farm bill removed hemp from the Controlled Substances Act. The farm bill did not, however, preempt—or bar states from regulating the production of hemp or limit them from enforcing laws that are stricter than the farm bill. So, while hemp is federally approved, states can individually prohibit production.

 

1. Can CBD be listed on an Ingredients label?
2. There is no law that explicitly prohibits a brand from declaring CBD as an ingredient on its product label. Nor do FDA regulations impose a requirement to disclose constituents of botanicals, such as CBD. However, such disclosure is permitted. Moreover, FDA’s position regarding CBD is not the law, but rather the agency’s interpretation of the law.

 

1. Can CBD brands republish or share their customer testimonials?
2. Customers of CBD products use them to treat cancer and various other ailments. They often share success stories with the CBD brands, but those brands cannot republish the testimonials. The First Amendment provides broad protections of free speech—but it doesn’t give a company unlimited rights to endorse or republish its customers’ statements without interference from the FDA. Disease treatment claims, including republished testimonials, are prohibited for supplements as per Dietary Supplement Health and Education Act of 1994.

 

1. The farm bill legalized hemp; so, does the FDA have the right to interfere with CBD in products?
2. Yes. The 2018 farm bill addressed problems that have plagued the hemp industry over the years, including interference by the government agency that enforces the Controlled Substances Act (CSA), the Drug Enforcement Administration (DEA). The 2018 farm bill does not, however, affect or limit the FDA’s authority under the Federal Food, Drug & Cosmetics (FD&C) Act.

 

1. Was CBD first studied as a drug before it was marketed as a dietary supplement or food, as FDA claims? And … CBD is found in hemp, which is in foods, so what’s the real deal?
2. It’s complicated. The FD&C Act prevents certain articles from being sold in supplements and foods if the article was subject to a drug trial before being marketed in a food or supplement—and CBD was. This is the basis for the FDAs opinion that CBD is illegal as a dietary ingredient. Overcoming FDA’s objections is multifaceted and also includes whether drug trials were substantial and well publicized. In other words, there’s not one clear answer to these questions.

 

1. Does the FDA’s position on CBD apply to a brand if the product label states that the product is hemp extracts?
2. Yes. Many U.S. companies aiming to profit on the rising demand for CBD are now selling “hemp extracts” in the United States. The FDA isn’t fooled by nomenclature.

 

1. The FDA recently accepted three GRAS (generally recognized as safe) notices for hemp seed-derived food ingredients that included CBD. This is confusing. What exactly IS the agency’s position related to CBD in food and supplements?
2. The ingredients in question contained CBD and tetrahydrocannabinol (THC), but only in “trace amounts” according to the FDA. The seeds may pick up such amounts, the FDA explained in a constituent update, “during harvesting and processing when they are in contact with other parts of the plant.” In a marijuana Q&A regarding the addition of CBD and THC to foods, the FDA said its GRAS conclusions do NOT affect the agency’s position and scrutiny.

 

1. Are CBD-selling companies required to invest in safety studies or research?
2. In theory, yes. Dietary ingredients introduced into the US market after October 15, 1994, are required to have a new dietary ingredient (NDI) notification—a dossier of safety and toxicity results. In reality, very few ingredient suppliers have undertaken NDI’s and the FDA has rarely gone after companies for violating this tenet of DSHEA legislation.

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I’ve written before that I do notice a difference in my anxiety levels when I take CBD, and others have told me they really have a surprising amount of relief from using it externally on nerve damage or aches and pains. If you haven’t tried it, and you want to, I suggest doing it soon before CBD goes the way of ephedra (no longer available). Hopefully it won’t as more education circulates about the fact that CBD does not cause a ‘high’, but just to be on the safe side, try it sooner rather than later.

The legality of CBD seems like an issue that won’t have a universally applicable answer any time soon, if ever. I’ve even heard rumblings about credit card companies refusing to allow their systems to be used for CBD or legal THC purposes. I have no idea where that is headed, but it seems everyone has an opinion on these botancials. What’s yours? Have you tried CBD? What did you think? I’d love it if you comment or contact me about your thoughts and experiences.

Thanks for reading and please share with others curious about CBD. Have a lovely rest of your week!