In 2018, California officially became a recreationally legal cannabis state. This means that adults over the age of 21 can legally consume and possess cannabis on private property, as well as, purchase it from a properly licensed dispensary without a medical card. This has raised questions in the state in regards to the recently popularized cannabinoid, CBD.
CBD derived products have recently gained momentum as a health supplement throughout the country. Whether its being sold in smoothies, water bottles, capsules, tinctures, or topical’s companies are continuing to manufacture and distribute products containing the non-psychoactive cannabinoid. These products can be found in dispensaries, smoke shops, gas stations, health food stores and many other retail locations.
Earlier this month, the California Department of Public Health released an updated FAQ sheet in relation to the legality of industrial hemp and cannabis derived Cannabidiol (CBD) products throughout the state.
The state of California is declaring that the addition of CBD oil, regardless of its source of origin, is now prohibited due to its Schedule 1 drug classification being upheld by the FDA and DEA. The FAQ sheet clarifies, “CBD products are not an approved food, food ingredient, food additive, or dietary supplement.”
The Department of Health in California goes on to clarify the difference between industrial oil hemp and hemp derived CBD oil.
“Industrial hemp seed oil and hemp-derived CBD oil are two different products. Industrial hemp seed oil is derived from the seeds limited to types of the Cannabis sativa L. plant and may contain trace amounts of CBD (naturally occurring) and other cannabinoids. Food grade Industrial hemp seed oil is available from a variety of approved sources.
However, CBD or CBD oil derived from industrial hemp is NOT approved for human and animal consumption by the FDA as food and therefore cannot be used as food ingredient, food additive, or dietary supplement.”
Until the FDA or Government in California officially states that CBD oil is safe to be used for human and animal consumption these products are not legal to be sold anywhere throughout its boarders. It remains unclear how California plans to enforce this new clarification throughout its boarders.