How To Legalize CBD Hemp Foods in Each State

Existing law such as the Federal Food, Drug, and Cosmetic Act (FFDCA) requires a food additive (any food ingredient) be Generally Recognized As Safe (GRAS) or a New Dietary Ingredient (NDI). While hempseed, hempseed oil, and hemp protein powder are GRAS, CBD and hemp flowers are not yet.

This despite 12,000 years of continuous use around the world of hemp flower and cannabinoids such as CBD and THC in the resin stuck to the outside of the seed shell, which is then eaten or pressed into oil which is consumed.

Each state has a version of it, for example the Sherman Food, Drug, and Cosmetic Law in California. These laws define “adulterated” and prohibit the manufacture, sale, delivery, holding, or offer for sale of adulterated foods, beverages, or cosmetics.

The answer at the federal level is either get CBD and hemp flowers on the pending list of pre-DSHEA ingredients, or register them as a NDI.

But to legalize foods containing CBD and/or hemp flowers at the state level, a bill could state that “a dietary supplement, food, beverage, cosmetic, or pet food is not adulterated by the inclusion of industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp if those substances meet specified requirements, and would prohibit restrictions on the sale of dietary supplements, food, beverages, cosmetics, or pet food that include industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp based solely on the inclusion of those substances.”

The state might also require “that a manufacturer of dietary supplements and food that includes industrial hemp to be able to demonstrate that all parts of the plant used come from a state or country that has an established and approved industrial hemp program, as defined, that inspects or regulates hemp under a food safety program or equivalent criteria to ensure safety for human or animal consumption and that the industrial hemp cultivator or grower is in good standing and compliance with the governing laws of the state or country of origin.” That’s a low bar to pass.

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