CBD has created havoc in the United States! And it’s not surprising at all!
The amalgam of regulations from different regulatory agencies and law enforcement offices is not only contradicting and confusing retailers but also leading to a major chaos in the consumer market with people, oblivious of what’s right and what’s wrong when it comes to CBD.
It started with California and New York. Now Washington has also announced a ban on hemp-derived CBD in edibles including food and beverage products as the U.S. Food and Drug Administration weighs how to properly regulate the buzzing ingredient.
The newly implemented regulations won’t impact licensed cannabis retailers, who are allowed under the state’s separate cannabis system. However, the ban will outlaw all kinds of products that fall under the category of edibles and are currently infused with CBD.
These products are not just limited to any one store or restaurant, but have sprawled throughout the city in shops, bars, coffee places, grocery stores, restaurants, and more.
The new state rules that bans CBD as a food ingredient took effect from August 1, and the state Department of Agriculture, the organization which regulates hemp products, is constantly working to spread the word out about the changed legality status of CBD infused food items.
But even with the stringent prohibition in place, it’s not clear whether CBD food and drinks will vanish from the store shelves anytime soon. Other jurisdictions banning CBD ingredients have had negligible to little success in keeping consumers at bay. And enforcement officials in Washington are signalling that the prohibition efforts will be implemented in a gentle, informative and educative manner rather than a hard crack down on all products at once.
Isn’t CBD legal under the 2018 Farm Bill?
The 2018 Farm Bill legalized hemp back in December, but it didn’t exactly outline whether using CBD in food and other edible products legal under the federal law or not. It is the U.S. Food and Drug Administration that has the power to declare and decide its stance on CBD based food supplements.
The FDA is currently considering the situation – increasing interest of customers in CBD, economical growth, safety measures, clinical trials, retailers and business leaders waiting for a green signal. The agency will announce its regulatory framework and legality plans in the upcoming months.
CVS Ignores the Ban, Says It Will Sell CBD Products
Fuller says that even if a product containing CBD says “use a drop in your milk”, it will be considered as a product intended for edible use and will fall into the category on which the law enforces. However, if the label of a product reads that it is simply CBD-infused oil, it is still not confirmed whether it will come under the particular statement or not.
The agency plans to take it in a subtle manner, however if companies disagree and tend to refuse to abide by the laws imposed by the enforcement organizations, aggressive decisions could be carried out. Fuller added that if companies continue to wait and see if there’s any “actual enforcement” of such laws, the agency will be forced to move more aggressively.
Coming on the retail side, enforcement on CBD products is quite a toppling game currently. With over 39 counties present in the state, health departments could take an array of different approaches. While some could take a laid-back approach, others could relentlessly crack down hard on such products.
Can You Still Legally Buy CBD Edibles?
You can definitely buy CBD oil (considering your state laws) if you are 21 or older. Under the cannabis law of the state, CBD-infused edibles are considered just as legal as THC-infused ones. However, they must be sold in licensed stores to sell cannabis products.
Even if CBD-infused edibles eventually vanish from the coffee shops and grocery stores, there’s always going to be a nearby cannabis shop.
Fuller said that CBD products will continue to remain in that space and the prohibition on CBD in edibles sector is aimed to be their traditional food processor licenses and food warehouse licences. The ban is not intended towards that whole separate, I-502 cannabis sales system.
But all of this seems incoherent with each other!
Well yes! On one hand, the Washington state legalized sales of cannabis-infused edibles with the passage of I-502 back in 2012. The first store for adult-use marijuana was opened in 2014. The state-legal activity, that has expanded into a full grown industry, remains illegal under the federal law.
Yet somehow, the Farm Bill of 2018, which legalized hemp and its products nationwide, might be the reason for the increased difficulty in obtaining the non-intoxicating CBD in a legal manner- unless you go to an even more federally illegal store which sells THC.