You may have noticed that some of your favorite local restaurants and bars selling CBD-infused food and beverages on their menus. However, some cities and states across the country are now attempting to put a stop to this practice. The CBD food and drink ban is creating confusion among many consumers since the 2018 Farm Bill removed hemp from its status as a federally illegal, Schedule I controlled substance.
What’s The Issue?
Despite the passage of the 2018 Farm Bill, the position of the Food and Drug Administration still remains that CBD cannot be sold as a dietary supplement or in food that crosses state lines. Their stance is that CBD was first an FDA-approved drug that went through clinical trials (in the form of Epidiolex, an oral medication designed to treat seizures in two rare forms of pediatric epilepsy) before it was introduced as a dietary supplement or food additive.
Previously issued warning letters that the FDA has sent to hemp product manufacturers state that “under the [Federal Food, Drug and Cosmetic Act], it’s illegal to introduce drug ingredients like these into the food supply, or to market them as dietary supplements.”
Where Are They Cracking Down?
New York City is the most recent high-profile example of announcing a CBD-infused item ban at food and drink establishments, with the city’s Department of Health ordering at least 11 restaurants to stop using CBD as a food and drink additive.
Maine and Ohio health officials have announced similar bans, while California health officials also announced last fall that CBD could not be added to drinks or food.
Can I Still Purchase CBD-Infused Items?
We cannot offer legal advice on this matter. We encourage you to research all current rules and regulations in your specific city and state related to CBD-infused products being sold at food and beverage establishments.
Keeping Yourself Safe
If you wish to try a CBD-infused food or beverage item, we encourage you to ask questions first. What is the serving size of CBD that they put in each item? Are they using hemp-derived CBD products? Are they using high potency or standard potency CBD? What brand of CBD are they using?
If the establishment is unable or unwilling to clearly answer these questions, we recommend that you do not try these items.