CBD-based production is considered illegal by the FDA, while hemp cultivation is now allowed in the United States.
The hemp industry still has some work to do to obtain legal status for cannabidiol (CBD) ... Despite the hemp agriculture law signed by President Donald Trump; CBD as an ingredient in food or dietary supplements (or others) remains illegal for the Food and Drug Administration (FDA)
CBD infused products banned by the FDA
Under the new law, cannabis containing less than 0,3% THC is considered hemp is legal, regardless of the amount of other cannabinoids it contains, including CBD. This has led to headlines, including in major newspapers such as Bloomberg, that the CBD is legal. In light of this, the FDA quickly published its response ...
"Since hemp is not a prohibited substance under federal law, we are aware of the growing public interest in cannabidiol (CBD)," the FDA wrote early in the announcement of the organization's leader. , Scott Gottlieb.
Because according to federal law, every part of cannabis is considered a dangerous and prohibited drug, including all components, the Food and Drug Administration (FDA) states that CBD is not allowed, even if it is produced from the plant.
"All elements of cannabis are illegal, regardless of the source from which they were created," says the FDA
In fact, the CBD is legal in the United States as long as it is derived from hemp, but once it becomes a component in itself, it is again considered a "part of cannabis" and as a result it becomes illegal .
Following this announcement, the FDA reiterates its previous warnings against companies selling CBD without a license and in many cases especially those that offer the promise of treating various diseases.
According to the FDA, "It's not just a violation of the law, it can also put patients at risk"
An economic contradiction
In light of this announcement, it seems that the dream of an economic development of the CBD, estimated at 20 billions of dollars by 2022, is not realized ...
Some had predicted that the CBD would be illegal, in part because the pharmaceutical company GW had received a few months ago a historic authorization from the FDA to market Synthetic CBD, at 99,9% (Epidiolex)
It is very likely that this case will be brought to court at an early stage or later, knowing that there will certainly be people who produce and market CBD in one way or another.
CBD has become a trend in recent years, especially because this cannabinoid is not psychotropic like THC. In many European countrieslike Switzerland, the CBD is distributed via a free trade system.