While CBD is a legal substance, it's not legal to sell it as a supplement with unsubstantiated claims as an anxiety reducer or pain reliever. It's also technically illegal to sell it in food products unless local, state, or county law states otherwise. There are currently no authorized CBD extracts or isolates on the market. As CBD continues to gain popularity as an apparent symbol of perfect health, more and more emerging companies are producing their versions of soft drinks, snack bars, chocolates and CBD gummies.
While these CBD products may taste good, without FDA approval as a food ingredient, there's no way to really know if what you're consuming is safe or if the product label is accurate. Here's what you should know about CBD drinks and snacks you can find at your local drugstore or supermarket. This story is about substances that are legal in some places but not in others and is for informational purposes only and not to provide legal advice. You should not do illegal things; this story does not support or encourage the use of illegal drugs.
You can now find CBD in all types of beverages, from soft drinks and coffee to tea and beer. So far, there is no definitive answer as to whether it is safe to consume CBD. And since there is no definitive answer, the FDA's position on CBD as a food additive is simply no. The FDA has only approved one CBD product for oral consumption, a prescription drug only for treating two rare and serious forms of epilepsy.
CBD is not approved as a food additive, and it is illegal to market any food product or a dietary supplement containing CBD. This includes the tons of CBD soft drinks that have become so popular in recent years. The FDA has taken this position concerning CBD foods and beverages because there is a lack of scientific data on whether it is safe to consume CBD or not. The agency states that it has only seen limited data and that the existing data points to real risks that must be considered before taking CBD for any reason.
Health officials are concerned that CBD has long-term health effects that may not show symptoms for years, and therefore the FDA has not added it to the generally recognized safe list of food additives by the FDA. In addition, since CBD is currently a relatively unregulated ingredient (aside from, you know, the fact that its marketing is illegal), some products make medical and health claims that may not be true and may use ingredients of unknown quality. For example, the U.S. Department of Agriculture and the U.S.
Drug Enforcement Administration regulate hemp production, and the Food and Drug Administration (FDA) regulates hemp-derived consumer products containing CBD. The global market size for cannabidiol (CBD) is expected to reach $13.4 billion by 2028. And yet, a large part of that market for CBD food, beverages and dietary supplements consists of illegal sales. You can request a certificate of analysis from your CBD supplier or consider sending a sample of the product to a laboratory yourself. Fines are imposed on those who do not comply with the regulations, inspectors are allowed to seize any CBD product found on restaurant premises, and the rating of an establishment with letters can be reduced.
The regulations are confusing at best, making restaurateurs and business owners wary of serving beverages and dishes with CBD. If you produce and sell a CBD-infused product, you'll probably face greater scrutiny than food products with less controversial ingredient compositions. However, FDA jurisdiction doesn't cover all foods, so it's possible to avoid FDA jurisdiction and legally sell food products containing CBD. The cannabis compound found in CBD is a close relative of THC, its psychoactive counterpart that is not yet legal for recreational use in the United States.
However, advisors to CBD manufacturers (and consumer product companies that infuse their products with CBD oil) must ensure that their customers have evidence that shows that CBD oil (or the product with CBD oil) is derived from hemp, not marijuana. Therefore, the FDA has concluded that it is prohibited to introduce or deliver for introduction into interstate commerce any food (including any animal food or feed) or beverage to which THC or CBD has been added. Technically, this makes CBD legal; however, it's not legal to sell it in food products unless local or state legislation states otherwise. As things stand now, the FDA has also concluded that CBD cannot be added to foods or beverages (including animal food or feed).
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