Cannabidiol (CBD) is a compound found in marijuana that has been gaining attention due to its potential medicinal, therapeutic, and wellness qualities. But what is the legal status of CBD products? The answer to this question depends on your definition of the word “drug”. If you are referring to a substance that can be used for medicinal applications, then yes, many people would consider CBD to be a drug that generally promotes health and well-being. This position is supported by the growing body of research that points to the extensive medicinal, therapeutic and wellness qualities of CBD.
However, because CBD is an approved prescription drug, it cannot be legally included in foods or dietary supplements. CBD can only be included in cosmetic products. Despite this, there are still CBD products on the market that are labeled as dietary supplements. Interestingly, recent research seems to support the claim that CBD is not a drug, in the sense that it is normally not detected during a drug test.
Others predict that sales will far exceed these levels, and some predict that sales of hemp-derived CBD will eventually dominate the cannabis market, since hemp-derived CBD does not usually carry the stigma associated with marijuana. Therefore, consumers should know that products labeled as hemp or CBD may contain other ingredients, such as THC, pesticides, heavy metals, bacteria, or fungi. Technically, any other drug is not approved by federal law and would therefore be considered illegal at the federal level, which is why CBD producers cannot make health claims about their products. This alert warns consumers about the possibility of adverse effects due to insufficient labeling of products containing THC and CBD.
In addition to the activities indicated in the explanatory statement, Congress could also adopt new legislative measures in the future, such as requiring the FDA to issue a regulation under the authorities of the FFDCA that expressly allows the use of CBD that meets the definition of hemp as a food additive or dietary supplement. In addition to this, in some states where medical marijuana is legalized, CBD products containing THC are also allowed for eligible patients. Within 60 days after the enactment of this Act, the FDA will provide the Committees with a report on the agency's progress in obtaining and analyzing data to help determine a compliance policy, discretion and the process in which CBD that meets the definition of hemp for use in products will be evaluated. As mentioned above, to date, the FDA has evaluated the GRAS determinations for three different ingredients derived from hemp seeds that do not contain CBD, although the permitted uses do not include the addition to alcoholic beverages.