Dramatic changes in law can spark tremendous confusion in the marketplace. Since the 2018 Farm Bill became law, removing hemp from the controlled substances list and legalizing hemp production and cultivation, most states still outlaw hemp and CBD. Food, beverage, and supplements manufacturers are now allowed – by federal law – to use hemp in their products, including CBD as a natural constituent, but they can’t use CBD by itself. They also can’t make any therapeutic or structure/function claims based on the presence of CBD in their products.
Food, beverage, and dietary supplements manufacturers have been fighting for these changes for years. Likewise, CBD suppliers have been clamoring for federal regulation to help sort out the confusion surrounding this burgeoning market. Now, manufacturers need clarity on what it means for them, their products, and their plans.
TraceGains worked with Boulder, Colorado, FDA attorney and hemp law expert Jason Sapsin to answer some of the most common questions.