Are CBD edibles legal? After all, they aren't marijuana edibles. In fact, a lot of them aren't even brownies. Since it isn't marijuana, doesn't that mean they aren't illegal?
Well...it gets complicated.
So, the legality of CBD and CBD edibles is in a strange gray area where it's legal in some instances but not in others. Again, it's complicated.
How is CBD legal if that's the case?
Cannabidiol is not necessarily illegal to possess or buy, unless it's marijuana-derived CBD. Marijuana is a heavily regulated substance and such a product - as a marijuana extract - would be illegal. After all, Coca-Cola cannot be sold with cocaine in it anymore. Hemp CBD oil, such as CBD tinctures is perfectly fine.
Part of the 2018 Farm Bill was the Hemp Farming Act, which totally decriminalized and otherwise legalized growth and use of hemp plants, which contain 0.3 percent of THC by dry weight or less. In other words, hemp and CBD oil (therefore) is, as far as the federal government is concerned, legal.
What can make a CBD product illegal is how it's marketed or advertised by the company that sells it. At present, the only way CBD can be marketed or sold as medicine is in the form of Epidiolex, which is CBD oil prescribed to treat two very specific forms of childhood epilepsy. Other than that, a CBD company cannot claim what they sell is medicine, food or even a food supplement.
If it's sold to people that is: CBD pet treats are a whole other ball game.
Those claims require substantiation through clinical trials and thus FDA approval, which they do not have.
You better buckle up, because the legality of CBD edibles is about to get complicated.
While CBD itself is perfectly legal, it has been approved for use as a drug in at least one instance, the aforementioned Epidiolex. That means it's - on some level - a drug, and federal law mandates that medicinal drugs cannot be added to food.
Additionally, food additives also have to pass FDA scrutiny, which no CBD edibles have done to date. Until they do, the federal government therefore considers them verboten.
As far as the federal government is concerned, CBD edibles are therefore illegal, as are CBD-infused drinks and any other food product with CBD added.
Not only that, but several states - so far including New York, Ohio, and Maine - have prohibited adding CBD to food products. So 47 out of 50 states don't prohibit CBD edibles, since CBD is a legal product to use, but the federal government does prohibit it.
Herein lays the rub:
Federal law applies to interstate commerce, but not intrastate commerce. In other words, the FDA can tell you what to do if you sell things across state lines, but if a product is only sold in one state, only that state can have anything to say about it unless there's a compelling federal interest.
So it depends a heck of a lot on the state you live in and what it's policies are regarding CBD edibles.
Like we said...complicated!
but you can opt out at any time.