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are cbd oil gummies legal

The main active ingredient in hemp is CBD, and CBD does not have any psychoactive properties. Instead, CBD has been credited with relieving anxiety, inflammation, insomnia, and pain, although “credited” does not mean proven.

CBD is derived from hemp, which is almost devoid of THC. THC is the chemical in marijuana that gives you a high. By law, hemp must contain no more than 0.3 percent THC to be considered hemp, otherwise, growers are at risk of prosecution under federal law.

Marijuana-derived CBD products are illegal on the federal level; however, may be legal in some states. Check your state laws on CBD products.

Are CBD products legal?

This means that even though hemp and marijuana have a few things in common, there are notable differences, with the most crucial being that hemp is almost devoid of THC, which is the chemical in marijuana that gives you a high. In fact, by law, hemp must contain no more than 0.3 percent THC to be considered hemp, otherwise, growers are at risk of prosecution under federal law.

Manufacturers of CBD gummies claim CBD is effective at relieving anxiety, depression, pain, inflammation, and improving sleep. A CBD product (Epidiolex) has been FDA approved to treat epilepsy.

CBD gummies have no psychoactive properties, so they will not give you a high.

Be aware that CBD is quite a bitter substance, and a lot of gummies contain large amounts of added sugar to disguise this taste.

A. It depends, among other things, on the intended use of the product and how it is labeled and marketed. Even if a CBD product meets the definition of “hemp” under the 2018 Farm Bill (see Question #2), it still must comply with all other applicable laws, including the FD&C Act. The below questions and answers explain some of the ways that specific parts of the FD&C Act can affect the legality of CBD products.

12. Can hulled hemp seed, hemp seed protein powder, and hemp seed oil be used in human food?

FDA Communications

A. In December 2018, FDA completed its evaluation of three generally recognized as safe (GRAS) notices for the following hemp seed-derived food ingredients: hulled hemp seed, hemp seed protein powder, and hemp seed oil. FDA had no questions regarding the company’s conclusion that the use of such products as described in the notices is safe. Therefore, these products can be legally marketed in human foods for the uses described in the notices, provided they comply with all other requirements. These GRAS notices related only to the use of these ingredients in human food. To date, FDA has not received any GRAS notices for the use of hemp-derived ingredients in animal food (see Question #25).

[1] Gray, et al. Identifying Prenatal Cannabis Exposure and Effects of Concurrent Tobacco Exposure on Neonatal Growth. Clinical Chemistry. 2010; 56(9): 1442-1450.

FDA can take action if it has information that an ingredient or cosmetic product is unsafe to consumers. Consumers can report adverse events associated with cosmetic products via the FDA’s MedWatch reporting system, either online or by phone at 1-800-FDA-1088, or by contacting your nearest FDA district office consumer complaint coordinator. For more information, please see the FDA’s webpage on how to report a cosmetic-related complaint.