Last December, Congress passed the 2018 Farm Bill, which included a provision that removed industrial hemp and hemp-derived cannabidiol (CBD) from its previous classification as a Schedule I controlled substance under the Controlled Substances Act, making it legal for interested parties to produce, distribute and dispense it. However, the 2018 Farm Bill did not alter the FDA’s authority to regulate the interstate sales of food and beverages containing the substance (hemp seed-derived food ingredients don’t require FDA approval).
Since the passing of the 2018 Farm Bill, there has been an onslaught of beverages and other products containing CBD, which has left many retailers uncertain and created a “gray area” regarding these products. Given the FDA’s stated position that foods, supplements and certain cosmetics containing CBD are unlawful, retailers don’t have substantial protection under the law for the time being; however, the landscape on this topic is constantly changing.
NACS has created a resource to help you navigate the gray areas around the sale of CBD and CBD-related products.
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