Is CBD Oil Legal In California

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According to the California Department of Public Health (CDPH), cannabidiol- (CBD) infused food products are prohibited in California. Learn about the current state of cannabis legislation in California as well as the impact of medical and recreational marijuana legalization on the state’s economy and crime rate. Find out more about the different types of cannabis licenses in California Hemp CBD—but not delta-8 THC—is legal for retail sale in California.

Is CBD Oil Legal in California? – August 2022

Industrial hemp plants , which come from Cannabis sativa , consist of several major cannabinoids , including CBD. Cannabinoids and compounds are extracted to develop various CBD products .

Hemp-derived CBD oil is legal in California with some restrictions. The s tate of California enacted laws to comply with the 2018 United States Farm Bill (4) .

In the United States (US), products made from hemp-derivatives may be legally produced and sold.

The Agriculture Improvement Act of 2018 or the 2018 United States Farm Bill mandates that industrial hemp may be cultivated and processed in the United States (5) .

However, the act also stated that hemp extracts must not contain more than 0.3 0 % tetrahydrocannabinol ( THC ) in dry weight. Individuals who consume THC may experience psychoactive effects.

THC is the same compound that is commonly found in hemp and marijuana plants. Both plants are considered varieties of Cannabis sativa .

A 2018 study from Missouri Medicine mentioned that marijuana plants have been reported to contain 17% to 28% THC (6) . To comply with federal regulation s , licensed industrial hemp farms in the US use hemp strains with significantly low THC.

Although the Farm Bill legalized the production of hemp products , there are many questions regarding the legality of CBD oil in California .

California CBD Laws

When it comes to hemp-derived products, such as CBD oil, California law complies with the federal law . The state government enacted Senate Bill 153, allowing the cultivation of industrial hemp with THC levels not exceeding 0.3% (7) .

Thus, hemp-derived products within the 0.3 0 % THC limit is legal with some restrictions.

The use of CBD or cannabinoids as food additives or ingredients is prohibited in California . The California Department of Food and Agriculture is currently the regulating body for CBD products in California.

As of October 2020 , proposed state regulatory plans for industrial hemp have not yet been submitted to the US Department of Agriculture (US DA) (8) .

Despite the presence of edible CBD products in the market, the California Department of Public Health mentioned that CBD-infused food products for humans and animals are not legal in the state (9) .

The state government mandated a separate set of regulations for marijuana-derived CBD products. Marijuana or cannabis products are not covered by Senate Bill 153.

There is no regulatory organization that controls retailers and the selling of CBD products in California (10) . Thus, consumers 21 years of age or older can freely buy CBD oil products in the state without a prescription or a state-issued identification card. Meanwhile, the medical and recreational use of marijuana requires a state-issued marijuana card (11) .

Licensing Requirements

There are no existing regulations that require a license to sell CBD oil products in California. However, hemp growers and processors are required to obtain licenses.

According to Senate B ill no. 153, hemp growers may obtain necessary licenses to legally farm and harvest industrial hemp if the state requirements are met (12) .

The state law indicates that only approved hemp cultivars may be used to grow industrial hemp. Cultivars are a plant variety specifically bred or selected to meet the requirements set by the regulating body.

According to the bill, the cultivars must be certified by the Organization of Economic Cooperation and Development.

The legalization of industrial hemp has increased the viability of the hemp farming industry. According to the United States Department of Agriculture (USDA), industrial hemp acreage has grown from zero in 2013 to 90,000 acres in 2018 (13) .

In California, Senate Bill no. 153 requires industrial hemp growers to register with their county commissioner. During the application process, the aspiring hemp-growers must specify all necessary details , such as name, address, and contact information (14) .

The farms and storage facilities’ location must also be provided. Farmers must also share the Global Positioning System coordinates with the county.

The registrants must also submit information regarding the cultivars they plan to use and where the seeds are sourced. Upon license approval, the registrants’ business operations are valid for one year . Hemp growers must renew their registration annually (15) .

Testing Requirements

Senate Bill no. 158 mandated that hemp growers are required by the California Department of Food and Agriculture to provide the lab reports from hemp samples tested for THC concentration (16) .

The sample testing must be conducted 30 days before harvest. Moreover, farmers must use laboratories accredited by the department.

What Are the Marijuana Laws in California?

Compared to other US states, California is more advanced with regard to cannabis laws. It is the first state to legalize the medical use of cannabis (17) .

Although hemp is classified as a variety of the cannabis plant , “ cannabis ” is a general term used for marijuana or marijuana-derived products (18) .

According to the Drug Enforcement Administration, CBD drugs approved by the FDA with less than 0.1% THC are not included in the Controlled Substances Ac t (19) .

CBD products with more than 0.3 0 % THC limit are considered Schedule I controlled substance s (20) . Thus, CBD users must be cautious when buying CBD products since some brands may not practice accurate labeling.

In California , including major cities like Los Angeles, San Diego, and San Francisco, the marijuana industry is strictly regulated (21) . Recreational and medical marijuana can only be legally purchased in licensed dispensaries .

Buying CBD Legally

Individuals must consider several factors before buying CBD in California, including the manufacturer, product quality, laboratory testing practices, truthfulness in advertising, and customer service.

Buyers must practice caution when shopping for the right brand. Individuals must be responsible for doing their research before purchasing CBD products.

Third-party laboratory testing is a common practice among legitimate CBD brands. The certificate of analysis is a third-party lab report shared with consumers.

This transparency helps CBD buyers determine if the products contain the same amounts of cannabinoid concentration, as indicated on the label.

The COA also verifies if products are free from harmful substances, such as pesticides, herbicides, heavy metals, and other chemicals.

How to Choose Which CBD Products to Buy

Researching the company is crucial in determining if the product is legitimate. One can find the company’s business practices status through the Better Business Bureau (BBB) website .

Better Business Bureau ratings help indicate if the company upholds ethical business practices , provides high-quality products, and receives minimal customer complaints (22) .

When the company’s BBB-rating has been reviewed , one must check if the CBD brand provides updated COAs for the latest batch of products produced. Customers should always check the COA to determine if the CBD concentration on the product label is accurate and ensure that the product is safe for human and animal consumption.

The US Hemp Authority is a third-party organization that checks a CBD product’s safety and quality. The organization has a program that holds CBD brands to high standards, encouraging companies to promote ethical business practices and maintain product quality (23) .

In California, there are 25 companies accredited by the BBB. Consumer reports show that out of the 25 CBD firms, only three companies received customer complaints as of November 2020 (24) :

  • Topikal, Tarzana
  • Global Cannabinoids, Westlake Village
  • Honey Colony, Oxnard

Where to Buy CBD Products Legally

In California, buyers must be at least 21 years of age to purchase adult-use cannabis products. Cannabis retailers must also be licensed by the state before they can start operating (25) .

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Meanwhile, medical cannabis may be purchased by Californian citizens who are at least 18 years of age. However, they must have a valid physician’s recommendation to buy medical cannabis goods (26) .

CBD products may be bought from a brand’s official website and other online retail stores. Individuals who prefer to check the label and physically buy CBD products may check licensed dispensaries and wellness stores.

Consumers must opt for CBD brands that do not make any health claims. Making any unsubstantiated health claims when marketing CBD products is prohibited by the US Food and Drug Administration (27) .

Also, checking the COA before buying may help determine if the brand is consistent in its CBD and THC content.

Understanding CBD

Researchers study CBD oil for its purported therapeutic potential in relieving symptoms of anxiety, insomnia, chronic pain, and arthritis (28-30) . Hemp-derived CBD oil is commercially produced and sold in the United States.

What Are the Types of CBD Oil?

Full-spectrum CBD oil consists of all the cannabinoids found in hemp plants, including less than 0.3 0 % THC content.

Phytocannabinoids (cannabinoids from plants ) are naturally occurring compounds found in hemp plants and marijuana plants. Aside from CBD and THC, other major phytocannabinoids in hemp include cannabigerol (CBG), cannabichromene (CBC), and cannabinol (CBN).

The full-spectrum concentration provides consumers with the “entourage effect , ” characterized by cannabinoids coming together to provide a greater benefit compared to when these substances are consumed individually.

There is a lack of definitive stud ies indicating if prolonged full-spectrum CBD oil consumption may result in a positive drug test. THC may or may not be detected during these tests.

In some cases, b road-spectrum CBD may also provide the entourage effect. However, the phenomenon is more associated with full-spectrum CBD. The b road-spectrum type, which does not have THC, is recommended to individuals who do not want to consume THC.

CBD isolate contains pure CBD. This product may come in a powder form or suspended in carrier oils.

How Is CBD Produced?

Hemp plants are grown from cultivars approved by the state government. The seeds are sown directly into the soil or in pots for transplanting, depending on the farming practice.

When extracting the cannabinoids from hemp flowers and stalks, manufacturers use different methods to separate the plant’s compounds. Extraction methods include the use of solvents, decarboxylation (applying heat), pressurization, or cold-pressing.

Solvent extraction may use ethanol and hydrocarbons, such as hexane, to separate the compounds. However, this extraction method may leave residual solvents in the products.

Individuals who are sensitive to residual solvents may opt for CBD products that underwent the CO 2 extraction method. A recent study from Scientific Reports has shown that CO 2 extraction is an effective method to separate compounds without using solvents (31) .

Meanwhile, the decarboxylation extraction is conducted by exposing hemp flowers and stalks to light and heat. Decarboxylation extraction has been reported to expose plants to temperatures ranging from 120 to 170 degrees celsius (32) .

What Are the Potential Health Benefits of CBD?

In humans, researchers recognized the ECS as a potential therapeutic target for cannabinoids, such as CBD and THC (33) .

The e ndocannabinoid s ystem (ECS) is a modulatory system that influences the internal processes of humans and animals. Scientists have found ECS receptors in the immune system, central nervous system, and digestive system (34) .

Epilepsy

CBD oil is currently not an FDA-approved pharmaceutical product. The FDA has approved only one pharmaceutical drug consisting of CBD as the primary active ingredient (35) .

Epidiolex, which contains CBD, is approved for use to reduce convulsions in rare epileptic conditions, such as Dravet syndrome and Lennox-Gastaut syndrome.

A review shared by Molecules investigated the mechanisms behind CBD’s efficacy in epileptic convulsions (36) . The authors mentioned that CBD’s affinity to the receptors in the ECS produce d an anticonvulsant effect.

Anxiety Disorders and Insomnia

The Permanente Journal posted a study demonstrating CBD’s potential therapeutic benefits for anxiety and insomnia. The study has shown that CBD administration on 72 patients reduced anxiety scores in 79.2% of participants, while 66.7% showed improved sleep scores (37) .

A report shared by Neurotherapeutics acknowledged that CBD may potentially relieve anxiety-related disorders, such as panic disorder, due to CBD’s anti-anxiety effects.

Chronic Pain and Inflammation

Another study discussed CBD ’s anti-inflammatory and analgesic properties. The European Journal of Pain shared a study evaluating how transdermal CBD application reduced inflammation and improved the limb posture of arthritis rat models (38) .

Studies have also shown that CBD may provide pain-relieving properties when ingested. Frontiers in Pharmacology published a review on CBD’s potential to relieve chronic pain caused by several conditions, such as multiple sclerosis, fibromyalgia, and peripheral neuropathy (39) .

Is CBD Safe?

CBD has been recognized for being well-tolerated and safe for daily use by the World Health Organization (40) . Moreover, Cannabis and Cannabinoid Research released a review that mentioned how CBD has a better side effect profile than pharmaceutical drugs aimed to treat epilepsy (41) .

However, CBD has been shown to cause several side effects, such as diarrhea, dry mouth, drowsiness, fatigue, and reduced appetite (42) .

During Epidiolex’s controlled trials, researchers observed that CBD treatment increased some subjects’ liver enzymes. Some participants even dropped out of the study due to the risk of sudden liver injury (43) .

Increased liver enzymes are often a sign of liver inflammation.

Thus, the FDA released a warning that CBD may cause liver injury (44) .

This announcement was preceded by a study from Molecules demonstrating how high CBD doses could cause hepatotoxicity (liver toxicity) on rat models (45) .

During the study, the researchers administered extremely high CBD doses to rats in ten days. This study’s goal was to observe how CBD toxicity may affect liver functions in mammals.

Based on their observations, the authors indicated that high CBD doses increased the bilirubin in the blood, which has the potential to cause liver injury (46) . Bilirubin is a yellow compound that forms after the breakdown of red blood cells.

Although the researchers added that the doses used in the study may not apply to actual human scenarios, the outcom e gives valuable information on high -dose CBD effects.

How Does One Take CBD Oil?

CBD oil products may be delivered in various ways, such as sublingually, orally, topically, and through inhalation.

Individuals who want to consume CBD oil quickly may opt for CBD tinctures. CBD oil tinctures are the most common delivery method. They may be consumed by using a dropper to apply the tincture under the tongue.

CBD oil may also be taken orally using CBD capsules or softgels. One may take the capsule with a glass of water.

CBD gummies may also be consumed orally. However, in California, CBD is prohibited from being added to food products (47) .

Individuals who prefer to consume CBD through inhalation may opt for CBD vape pen s or CBD vape oil. However, vaping has been reported to cause some side effects, such as chemical irritation, chest pain, and allergic reaction (48) .

Lastly, topical CBD products are available for individuals who want to apply CBD to target skin areas. CBD may be infused in creams, gels, moisturizers, and balms.

Individuals planning to take CBD for the first time must start with a low dose. They may increase the dosage once the body gets used to CBD.

For topical CBD , individuals may start with a pea-sized amount of cream or balm on the skin to test for allergic reactions. If there are no adverse effects , one may increase the amount and apply more, as needed.

Conclusion

Although researchers noted that consuming CBD may provide potential health benefits, they consistently mentioned that more data is needed to verify CBD’s clinical value.

Still , CBD products are widely available in the US, including California. Individuals who want to purchase CBD legally must opt for CBD brands with ethical business practices and products made from hemp source d from regulation-compliant farms.

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Customers must only buy CBD products from licensed dispensaries and official retailers. Individuals must also consult with a licensed physician before consuming CBD oil.

For more information on CBD’s legality in all 50 US states, click here.

*The information shared in this article was based on findings retrieved on October 28, 2020. The legal status and regulations for CBD may change without notice.

Is CBD Oil Legal in California?

CBD stands for cannabidiol, one of the active components of the cannabis plant. It is the second most predominant cannabinoid in cannabis and hemp after delta-9-tetrahydrocannabinol (THC). While cannabis and hemp are varieties of Cannabis sativa L., they have varying levels of cannabinoids like CBD and THC. Generally, cannabis has a higher concentration of THC than hemp. THC is the psychoactive chemical compound in cannabis that causes intoxication. Unlike THC, CBD is not psychoactive, and those found in medical cannabis are believed to be effective in treating a handful of health issues. Some of the medical benefits include the management of chronic pain and anxiety and also improving heart health. CBD is commonly used for cancer management, management of neurodegenerative disorders, management of mental health, and mood-related conditions. Some also believe that it promotes optimal skin health and boosts human immune function.

CBD exists in three forms, namely broad-spectrum CBD, full-spectrum CBD, and CBD isolates. Broad-spectrum CBD contains all the compounds found in cannabis plants except for THC, while full-spectrum CBD has all the components of cannabis plants with less than 0.3% THC. CBD isolates contain purely CBD with no other compounds from cannabis plants, including THC. Widely used CBD products include edibles, topicals, capsules, oils and tinctures, and vape juices. Oils, tinctures, and vape juices are presented as CBD-infused liquids, while edibles come as ingestible CBD products. Topicals are typically ointments and are applied to the skin, while capsules are produced as CBD-containing pills.

The 2018 Farm Bill, commonly known as the Agricultural Improvement Act of 2018, removed CBD products and hemp from the federal list of controlled substances. The delisting changed the legality of CBD on the federal level. Consequently, under this Act, it is legal to produce, purchase, and use CBD products in the United States, provided they satisfy certain conditions. One of such conditions is that the CBD must be derived from hemp and must not contain more than 0.3% THC. In California, CBD is also legal. As such, residents can purchase and use products containing CBD.

Is CBD Oil Legal in California?

Yes. Assembly Bill (AB) 45, signed by Governor Gavin Newsom in October 2021, legalized CBD in California. The state considers CBD oil sourced from hemp and cannabis as legal for medical and recreational uses. Before the enactment of AB 45, California prohibited infusing CBD derived from hemp in foods, beverages, and dietary supplements in compliance with federal laws regarding CBD. Although enforcement was not strict, it was illegal to produce, purchase, or use edibles containing hemp-derived CBD. The approval of this Bill now permits hemp-sourced CBD to be included in dietary supplements, foods, and beverages in California. The state’s marijuana laws allow edibles containing cannabis-derived CBD for recreational and medical purposes.

What are California CBD Laws in 2022?

Assembly Bill 45 is the most recent state law in California about legalizing and regulating CBD. Assemblywoman Cecilia Aguiar-Curry sponsored this bill which was signed into law by Governor Gavin Newsom on October 6, 2021. This bill permits the cultivation of hemp intended for CBD production in California and its sale upon meticulous testing and the satisfaction of regulatory requirements.

AB 45 requires the California Department of Health (DPH) to develop regulations on the sale of CBD-based products within the state. While this might take some time, the DPH must prepare a report to the state legislature and governor on or before July 1, 2022, stating the required measures to allow the incorporation of hemp-sourced CBD into the cannabis supply chain. The bill prohibits the manufacture or sale of hemp products with more than 0.3% THC, in line with the 2018 Farm Bill. It requires all CBD-infused food and dietary supplement manufacturers to register with the DPH and demonstrate that the plant parts used in manufacturing are from a state that has already established an industrial hemp program.

AB 45 stipulates that dietary supplements, foods, and beverages produced and sold in California are not contaminated by including hemp-derived CBD once they meet the specified requirements. However, the bill forbids distributors, sellers, and manufacturers from misleading the public with false statements on product labels regarding the health benefits of consuming their CBD-based products. It equally prohibits the manufacture and sale of inhalable CBD products until the state enacts a tax on such products, except if they are intended for sale outside California.

What are California CBD Possession Limits?

Any person 21 years or older can possess CBD in California. However, as of November 2021, the state has no established possession limits on CBD oil or other CBD products. To use a cannabis-derived CBD oil in California, a person under 18 years requires a medical card. However, they need parental/legal guardian consent and a doctor’s recommendation to obtain such a card.

Can Doctors Prescribe CBD Oil in California?

Doctors can only recommend CBD oil or other CBD products (hemp or marijuana-derived) in California and cannot prescribe them despite being one of the states where medical marijuana is legal. Essentially, no one needs a doctor’s prescription to use any CBD products legally in the state. California treats CBD as a non-prescription medicine, and the state’s marijuana laws permit anyone of legal age to purchase and use it.

CBD oil has been proven to relieve chronic pains and symptoms of anxiety in California. Also, the United States Food and Drug Administration (FDA) approved a CBD-containing drug known as Epidiolex for treating certain seizures in the U.S. These include seizures associated with Dravet syndrome, tuberous sclerosis complex, and Lennox-Gastaut syndrome in medical patients who are at least one year old.

Do You Need a License to Sell CBD in California?

Currently, California does not require a license to sell CBD oil products, and anyone can buy them from any retail outlet within the state. However, the Department of Public Health (DPH) does not permit unlicensed retailers to sell foods, beverages, and dietary supplements containing CBD. California requires hemp growers and processors to obtain licenses to cultivate and produce hemp.

Senate Bill 153 mandates hemp growers to obtain the requisite license to farm hemp in the state and requires them to register with their counties’ agricultural commissioners. License applicants must provide their names, addresses, and other contact information during the application process. Growers can only use approved hemp cultivars to grow hemp. As such, SB 153 requires them to provide information on the cultivars they intend to use and where they will get the seeds. Senate Bill 566, otherwise known as the California Industrial Hemp Farming Act, authorizes industrial hemp production. However, the California Department of Food and Agriculture (CDFA) is still developing a program to administer this Act, including licensing.

Distributors of CBD products in California must be aware of the state’s labeling rules regarding the products they sell. The labeling requirements for cannabis products advised by the California DPH in 2019 also apply to CBD products. Typically, a CBD product label in the state must have a primary panel and an informational panel. The primary panel holds the CBD product identity, net weight or volume, and the universal symbol for all cannabis products in California. The primary panel is usually seen on the display side of a CBD product. The informational panel is any other label on a CBD product that does not bear the product weight, identity, or the California-regulated cannabis universal symbol. The information displayed on this panel includes the date of packaging a CBD product for sale, the manufacturer’s or cultivator’s name and contact information, and the UID number. The Unique Identification Number (UID) is obtained via the California Cannabis Track-and-Trace system. This panel also contains CBD content percentage, instruction for use and any preparation needed, allergens (if applicable), and government warning statements for cannabis products. The information on CBD products labels provides details on the content, safety, and potency of such products and helps users to make informed decisions when buying them.

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In California, a CBD product label must not bear any image that can attract children or contain any false or misleading information. The label of an edible product containing CBD must not include a picture of the product. Also, no CBD product label must display unproven health claims, such as claims on the ability of such a product to treat medical conditions not corroborated by scientific agreement.

Where to Buy CBD in California?

In California, CBD oil and other CBD products are publicly available in vape shops, dispensaries, wellness centers, and most retail stores. However, buyers are encouraged to be careful and consider many factors before buying CBD oil or any product containing CBD in the state. When shopping for CBD products in California, buyers should always ask to see third-party lab results before making such purchases. Any credible CBD product manufacturer will provide reports that their products have the advertised level of CBD and are free of contaminants.

Generally, there are many unknown brands selling CBD oil and products with little or no CBD. As such, due diligence is essential when purchasing one. Californians can also shop for CBD products online. It gives them the chance to access a more comprehensive range of CBD products from different retailers.

It’s official: California legalizes CBD (but not delta-8 THC)

Hemp CBD—but not delta-8 THC—is legal for retail sale in California, pending specific regulations to come from the Department of Public Health in a few months.

Blockbuster hemp ingredient CBD is now officially legal in California in dietary supplements, foods, beverages and cosmetics, as Gov. Gavin Newsom signed AB 45 into law.

It was an arduous, three-year process for the bill to wind through the state legislature, which passed the bill on Sept. 10.

“After months of negotiation between the various stakeholders, that day is finally here,” according to an email from the Amin Talati Wasserman law firm, which represents many hemp and CBD companies. “The majority of requirements under the new law are similar to existing requirements, but some are unique to California, with possibly more on the way via future regulations—adding to the ever-growing patchwork of state laws governing hemp and CBD products.”

California has paved the way with all things cannabis. It was the first state to legalize medical marijuana, back in 1996. It wasn’t quite as fast off the draw as Colorado when the Rocky Mountain state legalized recreational marijuana in 2012, but California dutifully fell in line in 2016. But even though the farm bill in 2014, and again in 2018, did its level best to legalize hemp and CBD, California managed to stay stuck in the 20 th century.

Some say it was marijuana interests that successfully lobbied the California state legislature to keep hemp and in particular hemp CBD in a regulatory gray area.

“Yet the same people hobbling California hemp for decades are behind it,” said Richard Rose, a pioneer in the hemp space. “And the OGs hate AB 45.”

Marijuana interests are definitely none too pleased with the allowance of smokable hemp—the compromise being that hemp growers can still sell out of state but not in state until the state develops a taxing scheme. This compromise is fiercely loathed by hemp farmers because the law was signed right when harvest is set to begin, leaving many hemp farmers who had been selling in state suddenly with no market.

But whatever the case, Newsom on Thursday signed AB 45, which removes much of the risk for brands and retail outlets wanting to sell CBD.

Specifics of AB45

Two things are of note.

One, the California Department of Public Health (DPH) will need to develop regulations around the sale of CBD into products for sale at the full range of retail outlets. This is expected to take several months.

“Like other states that have legalized the sale of CBD products in recent years,” said the Amin Talati Wasserman statement, “California’s law comes with its own testing, labeling, approved source and registration requirements.”

For example, the new law requires labels to include certain warning statements and a scannable barcode, website, or QR code linked to a certificate of analysis that provides specific testing information, among other label requirements.

AB45 defines “THC”—the intoxicating cannabinoid compound notorious for marijuana’s effects—to include THCA, and any THC, including delta-8 THC, delta-9 THC and delta-10 THC.

That makes California the 19 th state to restrict or ban delta-8 THC. The other states are Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Kentucky, Idaho, Iowa, Michigan, Mississippi, Montana, New York, North Dakota, Rhode Island, Utah, Vermont and Washington.

AB45 also authorizes the DPH to include or exclude “comparable” cannabinoids from the definition of THC, based on their intoxicating effect, or lack thereof.

In addition, the DPH may impose maximum serving sizes for hemp-derived cannabinoids, hemp extract and products derived therefrom, active cannabinoid concentration per serving size, the number of servings per container, and any other requirements it deems necessary.

What the FDA thinks about California legalizing CBD

The second notable thing about the California legalization effort is that yet another state has stepped in to issue regulations. CBD is legal to various degrees in all 50 states, with the possible exceptions of Idaho and Iowa.

The California law brings into sharper relief the fact that there is no real federal regulation around CBD.

It is the opinion of FDA that CBD is illegal under the Federal Food, Drug and Cosmetic Act (FDCA).

Beyond FDA standing firm on its stance that CBD is illegal in supplements—which of course has not stopped more than 3,000 brands from entering the market nationwide—the agency says it is concerned about CBD safety.

To that end, pioneering CBD brand Charlotte’s Web and legacy supplements company Irwin Naturals submitted new dietary ingredient (NDI) notifications to the FDA to demonstrate safety.

This means the California market is, in theory, strictly an intra-state deal. To be sure, California rates as the world’s fifth largest economy all on its own.

FDA’s rejection of the NDI notifications, while disappointing, is seen as putting more pressure on Congress to write legislation—again, but apart from a farm bill—to legalize hemp cannabinoids.

Recently, acting FDA commissioner Janet Woodcock described the CBD situation as a “stalemate.”

“The law is fairly clear about this,” she said.

Federal law states that a molecule or “article” studied or approved by FDA as a drug cannot later become a dietary supplement ingredient (though it does not hold in reverse—a supplement ingredient can later become a drug, as is the case with niacin and fish oil).

But the secretary of the U.S. Department of Health and Human Services (under which resides the FDA) has authority (through a notice-and-comment rulemaking) to make an exception to the drug preclusion law, which is what Woodcock is referring to when she says CBD is illegal. FDA, though, has never invoked the exception or signaled it wants to do so for CBD.

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