The ambiguity surrounding the legality of certain CBD products doesn’t get any better when you look to the states to clear it up. Just like with marijuana laws, states can elect to adopt the federal government’s stance or not. Some states have made all CBD products legal, some have put restrictions on it, and a few lone conservative states still ban CBD completely.
The problems come in states where there are still restrictions on any products related to cannabis or hemp, and these problems are threefold:
Don’t panic yet. No one is going to bust down your door because you’re eating hemp gummies while you watch Netflix on your couch. The FDA has stated they will focus on enforcement for brands that explicitly claim their products can cure major illnesses.
States Where Marijuana is Fully Legal for Recreational and Medical Use *Thus Both Hemp-Derived and Marijuana-Derived CBD are Legal*
And the following link takes you to an article explaining why the World Anti-Doping Agency has made it legal for athletes to take CBD for faster recovery and improved performance https://www.forbes.com/sites/liamcanning/2020/01/30/10-best-cbd-gummies-and-why-athletes-are-using-them/.
Corporate executives and stressed-out Millennials are taking CBD gummies for anxiety. Your parents and grandparents are ordering CBD gummies for their arthritis. Women of all ages are putting in orders for 750mg CBD gummies—enough for about a month’s worth of doses—to treat menstrual cramps and symptoms related to endometriosis.
Almost every state in the US is pretty relaxed about CBD gummies at this point, but it is a good idea to fully understand the laws in each state. Especially if they are ambiguous and/or your racial or ethnic identity does not match the majority in your locality.
With all the hype surrounding CBD gummies 1000mg, it is hard to believe that they are technically still federally illegal. The FDA took CBD and all hemp-derived products off the controlled substances list with the passage of the Farm Bill in 2018, which transferred regulation to the Food, Drug, and Cosmetics division.
New formulations of CBD allow the cannabinoid to be used in a variety of ways. Photo by: (Gina Coleman/Weedmaps)
California is known as one of the most liberal states in the nation — and so it makes sense that it’s also been one of the strongest supporters of cannabis legalization. California was the first state to legalize medical marijuana when it passed the Compassionate Use Act of 1996. And 20 years later, the state passed the Adult Use of Marijuana Act, which legalized cannabis for recreational purposes.
California CBD laws
Once that information is received, samples will be collected by the commissioner or an approved third-party for testing. All labs must have an International Organization for Standardization (ISO) / International Electrotechnical Commission (IEC) 17025 accreditation and use a validated method for total THC analysis. Any industrial hemp crop that doesn’t meet testing requirements will be destroyed.
Because the manufacturing and sale of CBD products is still unregulated, it’s important to do your research and make sure you’re purchasing from a reputable source.
Currently, California’s definition of CBD is consistent with the federal definition. According to a letter issued by the Attorney General’s Office, “although California currently allows the manufacturing and sales of cannabis products (including edibles), the use of industrial hemp as the source of CBD to be added to food products is prohibited. Until the FDA rules that industrial hemp-derived CBD oil and CBD products can be used as a food or California makes a determination that they are safe to use for human and animal consumption, CBD products are not an approved food, food ingredient, food additive, or dietary supplement.”