When it comes to the legal status of products containing cannabidiol (CBD), much attention has been paid to what’s happening at the federal level. The 2018 Farm Bill legalized hemp-derived CBD with the caveat that the U.S. Food and Drug Administration (FDA) has oversight. The FDA has stated that CBD is not permitted in food, beverages and ingestible products until the agency creates a regulatory pathway for companies to do so—with no timetable of when that might happen.
Even if the FDA OKed any and all CBD products tomorrow, however, it wouldn’t mean those products would be safe to sell in every state. Each state regulates hemp and CBD differently, creating a patchwork of regulations. Rod Kight, an attorney at Asheville, N.C.-based Kight Law Firm, spends much of his time analyzing these state and local regulations in granular detail for his clients.
“There are state-level regulations that vary all the way from Idaho, which prohibits all CBD sales, to states where you can expressly provide it as a food and dietary supplement,” he told CSP Daily News. “Then there’s a huge swath of states somewhere in the middle.”