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Is CBD oil legal in California?

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Contents

  1. What is CBD?
  2. Why is CBD sometimes illegal?
  3. California CBD laws
  4. Where to buy CBD in California
  5. How to read CBD labels and packaging

California makes cannabis legal to possess and buy for adults 21 and older, and cannabidiol (CBD) oil products are widely available at dispensaries and over-the-counter at other retailers. However, state law prohibits CBD oil derived from hemp from being added to foods and drinks until the federal Food and Drug Administration (FDA) determines it is safe.

California is known as one of the most liberal states in the nation — and so it makes sense that it’s also been one of the strongest supporters of cannabis legalization. California was the first state to legalize medical marijuana when it passed the Compassionate Use Act of 1996. And 20 years later, the state passed the Adult Use of Marijuana Act, which legalized cannabis for recreational purposes.

What is CBD?

Cannabidiol (CBD) is a non-intoxicating cannabinoid found in cannabis. It is the second-most-abundant cannabinoid in the plant after THC. CBD is also purported to showl therapeutic benefits, including anti-inflammatory, analgesic, seizure-suppressing, and anti-anxiety properties.

Why is CBD sometimes illegal?

Hemp strains don’t produce enough of the cannabinoid THC to cause intoxication, but all types of cannabis, including hemp, were considered illegal under the 1970 Federal Controlled Substances Act. The legislation swept all cannabis under the Schedule 1 umbrella, which defined cannabis as a substance with a high potential for abuse, no accepted medical use, and a likelihood for addiction.

The 2018 Farm Bill legalized hemp cultivation and created a clear pathway to remove some cannabis from Schedule 1 status by creating a legal distinction between hemp and marijuana. Under the new legislation, hemp is classified as cannabis that contains less than 0.3% THC by weight, while marijuana is classified as cannabis that contains more than 0.3% THC. As a result, hemp-derived CBD was descheduled by the bill, but because marijuana is categorized as a Schedule 1 substance, CBD that is derived from the marijuana plant is still considered federally illegal. While hemp is now considered an agricultural commodity under the 2018 Farm Bill, it still must be produced and sold under regulations that implement the bill. The USDA has yet to create these regulations.

New formulations of CBD allow the cannabinoid to be used in a variety of ways. Photo by: (Gina Coleman/Weedmaps)

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The Farm Bill also endowed the FDA with the ability to regulate CBD’s labeling, therapeutic claims, and presence in foods or drinks. Despite the Farm Bill’s passage, the FDA has issued a directive that no CBD, not even hemp-derived, may be added to food or beverages or marketed as a dietary supplement. As time passes, the FDA has begun re-evaluating that stance on CBD products but has yet to revise rules or specifically regulate CBD products. The FDA’s slow movement has created further confusion on the state level.

The FDA has historically been strict when it comes to health claims or content that could be understood as medical advice — and makes no exception for CBD.

Hemp production and sale, including its cannabinoids and CBD specifically, remain tightly regulated federally. The Farm Bill provides that individual states may also regulate and even prohibit CBD cultivation and commerce. States may attempt to regulate CBD in food, beverage, dietary supplements, and cosmetic products independently of the FDA’s rules.

California CBD laws

Currently, California’s definition of CBD is consistent with the federal definition. According to a letter issued by the Attorney General’s Office, “although California currently allows the manufacturing and sales of cannabis products (including edibles), the use of industrial hemp as the source of CBD to be added to food products is prohibited. Until the FDA rules that industrial hemp-derived CBD oil and CBD products can be used as a food or California makes a determination that they are safe to use for human and animal consumption, CBD products are not an approved food, food ingredient, food additive, or dietary supplement.”

After the 2018 Farm Bill passed, the state introduced AB 228, which would have clarified CBD legality and legalized hemp-derived CBD to be included in food, beverage, and cosmetics products without restrictions, but the bill was held. Until the bill is passed and signed by the governor, California’s laws surrounding hemp-derived CBD and CBD oil remain consistent with the FDA.

Licensing requirements for CBD

The California Industrial Hemp Farming Act, which authorized the commercial production of industrial hemp, went into effect in early 2017. The act, SB 566, authorizes the commercial production of industrial hemp in California and became effective on Jan. 1, 2017. The California Department of Food and Agriculture (CDFA) is developing a program to administer the new law.

CBD oil usually comes with a dropper to allow consumers and patients to measure out their dose. Photo by: Gina Coleman/Weedmaps

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Cultivation Requirements

All growers of industrial hemp for commercial purposes must register with a county agricultural commissioner prior to cultivation. Registration applications are available on the CDFA Industrial Hemp Program web page. The annual registration fee is currently $900.

Labeling Requirements

While the hemp program is still being developed by the CFDA, the California Department of Public Health has clear labeling regulations around cannabis products, which includes information regarding the products’ origins, expiration, ingredients and amounts of THC and CBD. Labels also may not contain any misleading information, make unproven health claims, or be designed in a way that is attractive to children.

Testing Requirements

Hemp growers must also submit samples for THC concentration testing no more than 30 days before harvest. Registrants must submit their registration number, name and contact information, anticipated harvest date, name of the seed cultivar(s), physical address, Global Positioning System coordinates, general description of the location, and acreage of the crop, and the name and contact information of the laboratory to conduct the testing for THC content.

Once that information is received, samples will be collected by the commissioner or an approved third-party for testing. All labs must have an International Organization for Standardization (ISO) / International Electrotechnical Commission (IEC) 17025 accreditation and use a validated method for total THC analysis. Any industrial hemp crop that doesn’t meet testing requirements will be destroyed.

California CBD possession limits

Currently, there are no clear possession limits on CBD oil in California.

Where to buy CBD in California

While hemp-derived CBD cannot be used in food, beverages, or dietary supplements in California, you can still find a variety of CBD products, including CBD oil, in both retail stores and online.

Because the manufacturing and sale of CBD products is still unregulated, it’s important to do your research and make sure you’re purchasing from a reputable source.

How to read CBD labels and packaging

Though California’s product label guidelines have been delineated, there remain some questions about how they apply to hemp-derived CBD products. It’s important to have the information necessary to make an informed decision about the ingredients, efficacy, and safety of the CBD products you purchase. Most reputable CBD producers will typically include the following information required by the California Department of Public Health on their CBD product labels:

  • Amount of CBD and THC per package
  • Amount of CBD and THC per serving
  • Amount of any cannabinoid that makes up 5% of more of the total cannabinoid content
  • Supplement Fact panel, including other ingredients
  • Net weight or volume
  • Suggested and instructions for use
  • Full-spectrum, broad-spectrum, or isolate
  • Batch or date code
  • Product identity, including the words “cannabis-infused” for edibles
  • Universal symbol that identifies items as containing cannabis
  • Manufacturer name and contact information
  • Date of manufacture/packaging
  • Government warning statement for cannabis products
  • Unique Identifier (UID) Number
  • List of all ingredients (including any allergens or artificial food coloring)
  • Expiration date
  • Refrigeration notice on perishable products

Is CBD oil legal in California? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? California CBD laws

Is cbd oil legal in california

Answering all of your questions about CBD in California

Defining CBD Oil

CBD (Cannabidiol) is part of the Cannabaceae family and contains over eighty biologically active compounds. Of those eighty compounds, the two stars of the show are THC (delta-9-tetrahydrocannabinol) and CBD (cannabidiol). While the two compounds are often discussed interchangeably, they are very different and should be recognized as separate compounds. THC is intoxicating and use comes with a “high” feeling, while CBD is non-intoxicating and will not cause users to feel “high”. Thus leading to the popularity of CBD infused products, as many enjoy the perceived benefits of the addition of CBD in their routine.

With the popularity of CBD rising, the United States Department of Agriculture ( https://nifa.usda.gov/industrial-hemp ) has stepped in to implement regulations and standards for growing hemp and extracting CBD in the United States. As the awareness of potential benefits of CBD continues to increase, users are beginning to ditch and switch their everyday products with those that contain CBD to reap the potential benefits.

Research regarding Cannabidiol suggests that CBD may have properties that are ideal for those who wish to address issues with inflammation, anxiety, and depression.

Is CBD Legal in California in 2020?

Before the 2018 Farm Bill was passed, the Community-Supported Agriculture (CSA) did not differentiate between marijuana and hemp, according to the U.S. Food & Drug Administration (FDA). ( https://www.fda.gov/news-events/congressional-testimony/hemp-production-and-2018-farm-bill-07252019 ) When the Farm Bill passed in December of 2018, hemp – a type of Cannabis Sativa plant with the THC concentration of .3% or less- became federally legal in the United States. Additionally, the passing of the Farm Bill in 2018 allowed for the understanding of CBD to be federally legal, since it is extracted from hemp and contains .3% or less of THC.

The 2018 Farm Bill officially removed CBD from the Drug Enforcement Administration’s (DEA) definition of cannabis. Prior to this decision, the DEA classified marijuana as a Schedule I substance. While this decision changed the legality of CBD on the federal level, it was left for the state to decide how to legislate CBD law in their jurisdictions.

According to the CBD Awareness Project ( https://www.cbdoil.org/cbd-laws-by-state/ ), in California, marijuana has been legalized for both medical and recreation use ( Senate Bill 420 , 2003, and California Food and Agricultural Code, Division 24 , 2016). In California, hemp-sourced CBD, marijuana-sourced CBD for medical and recreational use are all legal. So, CBD products are legal in California, whether they are sourced from hemp or marijuana. The only exception to be mindful of is the California Department of Health prohibits CBD from being added to food until it has been approved by the Food and Drug Administration (FDA).

What Restrictions Are There for Buying CBD in California?

If you are a resident in California looking to purchase CBD, you are in luck! California is one of the states that enjoy the most freedom when it comes to CBD. You can find it pretty much anywhere you go (gas stations, convenience stores, grocery stores, markets,etc.). The greatest exception in this freedom is that restaurants and retailers are prohibited from selling CBD infused food (whether for human or animal consumption). You can also find certain CBD products in some dispensaries. https://thecannabisradar.com/cbd-oil/states/california/

As always, we highly recommend doing research on the CBD products you want to purchase before doing so. Since CBD is still not approved by the FDA, there is a chance of products being sold that are not all they claim to be, and not all CBD is the same. It’s important to look for companies that source their hemp from U.S. farms and are transparent with their ingredients. Be aware and research the companies that are thinking of purchasing from before implementing the use of their products into your routine.

Purchasing High-Quality CBD in California

As we previously stated, you can find CBD in many stores across California, but you can also always purchase CBD products online, which allows you time to browse and do you research for where you want to buy from. Always purchase from brands you can trust that are transparent with where their hemp products come from.

A88’s CBD is sourced from Centuria Foods, a global leader in phytocannabinoid-rich hemp-derived CBD ingredients for use in nutritional, pharmaceutical and wellness products. Our CBD is sourced from , hemp grown in the U.S and all A88CBD products contain less than .3% CBD.

You can view our products’ Certificates of Analysis here. Shop all CBD products today!

A88CBD is answering all your questions about the CBD laws in California – Is it legal? Where can you buy CBD oil in California? Learn more!