What you Should Know About CBD Infused Products

In Florida, Governor Ron De Santis signed legislation that legalizes state-licensed hemp farming and sales in Florida. On the other hand, the federal government still considers CBD to be in the same class as marijuana.

What is CBD?

Cannabidiol (“CBD”) is an active ingredient of the cannabis plant (marijuana).  Although CBD is a component of marijuana, by itself it does not cause a “high.”  Currently, CBD is readily obtainable in most parts of the United States.  However, CBD’s legal status is in limbo and not set in stone – each state has different laws legalizing and restricting CBD.   In Florida, Governor Ron De Santis signed legislation that legalizes state-licensed hemp farming and sales in Florida.  On the other hand, the federal government still considers CBD to be in the same class as marijuana.  However, the federal government has not acted upon enforcing against it.

Is CBD safe?

For the most part, yes.  However, it is important to note that the Florida Agriculture Department (“Department”) has found that some of the CBD products sold in Florida have been shown to contain harmful additives, and little to no hemp.  The Department can now issue cease-and-desist letters to those CBD producers who fail to comply with Florida’s safety standards for consumption.

Is it legal to put CBD in food?

No.  The U.S. Food and Drug Administration (“FDA”) prohibits the addition of CBD in food, despite the language in the 2018 Farm Bill, which loosened restrictions on the interstate commerce of hemp and its derivatives, such as CBD.  However, there are exceptions, such as ingredients that are derived from parts of the cannabis plant that do not contain CBD or THC (tetrahydrocannabinol), that can be legally marketed in food.  Regardless, all food ingredients must comply with all applicable laws and regulations.

Is CBD regulated by the FDA?

Yes. The 2018 Farm Bill reserves the FDA’s authority to regulate products containing cannabis or cannabis-derived compounds under the Federal Food, Drug, and Cosmetic Act (“FD&C Act”) and under the Public Health Service Act (“PHS Act”).  Therefore, the FDA treats CBD as any other FDA-regulated product.  After the 2018 Farm Bill was released, this holds true regardless if the cannabis or cannabis-derived compounds are classified as hemp.  It is also important to note that only very few cannabis or cannabis-derived compound products have been approved by the FDA for medical or therapeutic services.


If you are interested in knowing more about CBD or would like assistance with starting a business that uses CBD in their products, please do not hesitate to contact one of our knowledgeable attorneys at EPGD Business Law. EPGD Business Law is located in beautiful Coral Gables, West Palm Beach and historic Washington D.C. Call us at (786) 837-6787, or contact us through the website to schedule a consultation.

*Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns. Contacting us through our website does not establish an attorney-client relationship.*

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