Food and beverage products containing CBD were introduced in the United States in 2017. Similar to energy drinks and protein bars which may contain vitamin or herbal additives, food and beverage items can be infused with CBD as an alternative means of ingesting the substance. In the United States, numerous products are marketed as containing CBD, but in reality contain little or none. Some companies marketing CBD-infused food products with claims that are similar to the effects of prescription drugs have received warning letters from the Food and Drug Administration for making unsubstantiated health claims. In February 2019, the New York City Department of Health announced plans to fine restaurants that sell food or drinks containing CBD, beginning in October 2019.
Dr. Silberstein advises against obtaining a product in states in which CBD oil is not currently legal or regulated. Illegal forms of CBD oil could be spiked with artificial THC which could be very harmful to patients. Additionally, there are legal implications if you attempt to purchase it where it is currently illegal, so it is important to speak with your healthcare provider and check your local and state laws.
First, a little background. Industrial hemp was legal in the United States until Congress passed the Marihuana Tax Act in 1937. ("Some of our early presidents grew hemp," notes Sarah Lee Gossett Parrish, a cannabis industry attorney based in Oklahoma.) Nearly 80 years later, the 2014 Farm Bill took the position that states can regulate the production of hemp and, as a result, CBD. Then last year, President Trump signed a new Farm Bill that made it federally legal to grow hemp.
The 2014 Farm Bill legalized the sale of "non-viable hemp material" grown within states participating in the Hemp Pilot Program. This legislation defined hemp as cannabis containing less than 0.3% of THC delta-9, grown within the regulatory framework of the Hemp Pilot Program. The 2018 Farm Bill allowed for interstate commerce of hemp derived products, though these products still fall under the purview of the FDA.
CBD (Cannabidiol) is a potent, non-psychoactive cannabinoid found in hemp oil. It is typically extracted from industrial hemp plants that are naturally high in CBD and other phytochemicals. It is the most prevalent of over 80 different cannabinoids found in natural hemp. It is commonly used for its therapeutic properties. Cannabidiol is responsible for a wide-range of positive health benefits through its interaction with the body's own endocannabinoid system.
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