CBD-based production is considered illegal by the FDA, while hemp cultivation is now allowed in the United States.
The hemp industry still has its work cut out for it to gain legal status for cannabidiol (CBD)… Despite the hemp farming law signed by President Donald Trump; CBD as an ingredient in food or dietary supplements (or otherwise) 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 and is therefore 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 CBD is legal. In light of this, the FDA quickly released its response ...
“Since hemp is not a substance prohibited by federal law, we are aware of the growing public interest in cannabidiol (CBD),” wrote the FDA at the beginning of the announcement of the head of the organization. , Scott Gottlieb.
Because under federal law every part of cannabis is considered a dangerous and prohibited drug, including all of its components, the Food and Drug Administration (FDA) says 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 FDA
In reality, CBD is legalized in the United States as long as it is made from hemp, but once it becomes a component on its own it is again considered a “part of cannabis” and therefore 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, “This is not only 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 CBD, estimated at $ 20 billion by 2022, is not coming true ...
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 highly likely that this case will be taken to court at an early or later stage, knowing that there will certainly be people producing and marketing 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.