Ingestible CBD Is Illegal – But That’s Not Stopping Sellers

May 17, 2019

CBD has shown up in everything from lollipops to smoothies in Philadelphia and New Jersey.

The only hitch is that it’s legal to sell food and supplements with the compound that is derived from cannabis.

Despite breaking the law, businesses don’t plan to stop selling this new cult ingredient, which is derived from cannabis, unless the U.S. Food and Drug Administration (FDA) steps in and makes them. Those who are confused are not alone.

So Much Uncertainty

The FDA prohibits CBD being added to prepared foods despite the adoption of the 2018 farm bill. The bill decriminalized hemp and removed it from the federal controlled dangerous substance list.

Also, it loosened restrictions on the interstate commerce of hemp. Cannabis that contains less than 0.3 percent of THC and its derivatives, such as CBD is legal under the farm law.

FDA stance has caused massive confusion and has led some states to take action.

The New York City Health Department notified businesses that sell edibles with CBD could face fines, embargoes, or reductions in their health letter grades. The city’s action take effect on Oct. 1. Other states, like Maine, North Carolina, South Carolina, and Ohio, banned CBD in food.

The agriculture departments in Pennsylvania and New Jersey don’t interpret the law the same way. Instead, they are taking a more relaxed approach to CBD sellers until the FDA provides more guidance or issues regulations.

What Is CBD?

Cannabidiol is a nonintoxicating compound that doesn’t provide the euphoric feelings that comes with marijuana use. Though not backed up scientific evidence, many believe there are health benefits to using CBD, such as relieving pain.

Even CBD advocates encourage consumers to think twice before ingesting anything that contains the compound. There has not been enough studies about its impact once ingested. Without regulation, consumers have no idea if what they’re paying for is pure, potent, or free of toxic substances, or if it even contains the compound.

More Details About the FDA Stance and Its Future Plans

According to the FDA, CBD cannot be legally added to food, drinks, or supplements because it is used in an agency-approved prescription drug. Last summer, the FDA approved a highly purified form of CBD, known as Epidiolex, as a treatment for some rare forms of childhood epilepsy. Once a compound is approved as a drug, it cannot be added to edibles and nutraceuticals.

Since there is so much confusion over regulations and how the sector will be monitored as it moves ahead, the FDA announced it will hold a public hearing to discuss regulating CBD on May 31. With so many other priorities, many CBD retailers are thinking they are safe from FDA penalties.

The government needs to address challenges related to transporting CBD products
There are certain challenges intrinsic with transporting CBD products because of CBD’s close relation to cannabis, which is still illegal at the federal level.

In Conclusion

To ensure that merchants are not breaking the law, they need to check out the laws where they live and where they plan to sell or ship their goods. One thing the FDA has been clear about is that it will go after any seller that claims its products treat or cure any illnesses.

Until all of the details get ironed out, merchants are encouraged to be cautious.

Apply for a CBD Merchant Account

If you are in need of a CBD merchant account, apply online with eMerchantBroker.com (EMB). It offers a simple and quick application process.

Let us help you get a high risk merchant account today!

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