California county backs FDA on CBD

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Nevada County won’t allow CBD-infused products unless the FDA gives its approval

The Nevada County Department of Health has sided with the Food & Drug Administration (FDA) and won’t allow products infused with cannabidiol (CBD) to be sold. The department has begun to issue notices to companies operating or distributing products within the county to “voluntarily” remove the products; however, it is a surprise move, as the FDA’s position has not been uniformly enforced across the state.

According to the FDA, “All cannabinoids, including CBD, are impermissible additives that adulterate food and supplements for both humans and animals.” It doesn’t distinguish between hemp-derived CBD and cannabis-derived CBD, and only says that all CBD is an illegal food ingredient.

This past January, Assembly Bill 228 was drafted in California in an effort to clear the air on CBD products. It seeks to allow products using hemp-derived CBD to be allowed, consistent with the federal government’s removal of hemp from being listed as a Schedule I drug.

According to Steve Maviglio, a political consultant who works with CV Sciences, “There is massive ambiguity in the (current) law” that has led to confusion and, in some cases, the erroneous seizure of products and license revocations. He adds that the bill has bipartisan support and is currently being reviewed by an appropriations committee.

As far as when the bill could be approved, Maviglio explains, “The timeline is hard to say. [It could] be weeks, could be months.”

Until then, retailers are at the mercy of the local counties and how they choose to enforce the laws.