August 20, 2022 4 min read

BREAKING DOWN CBD: ARE CBD EDIBLES LEGAL IN THE US?

Even after the Farm Bill was passed in 2018 to make hemp and CBD with less than 0.3% THC legal at federal levels legal, the FDA warns against incorporating cannabis products, including CBD, in food and beverages, encircling edibles in the mix.

Interestingly, CBD edibles are technically illegal in the US. However, you can easily walk into a gas station, CBD specialty shop, or health food store and find CBD edibles as part of the inventory. Since the Covid-19 pandemic showed its face in late 2019, people have embraced online shopping, and even on the CBD websites, CBD edibles are among the inventory. Read this article to answer the question, "Are CBD edibles legal in the US.

What’s the Deal with CBD Edibles?

CBD edibles are among the most common CBD delivery methods. They are discrete, meaning you can take them with you without drawing unnecessary attention to yourself. Besides, they deliver tasty CBD. Moreover, CBD edibles allow dosage precision, restricting room for messing up with CBD dosing. For instance, most CBD gummies will contain the exact amount of CBD indicated on the labels, and reputable companies ensure this to the latter through rigorous 3rd party tests with high-class CBD labs. As though that’s not enough, CBD edibles are well-tolerated and have minimal side effects, although consuming too many gummies may lead to toxicity (Bass & Linz, 2019).

The Legal Status of CBD in the US

The Farm Bill was passed in 2018, federally legalizing hemp and its products, including CBD, with less than 0.3% THC. While CBD is legal at the federal level, the same law that declared its legality allows states to make independent laws governing them. Consequently, one state may have CBD partially or totally legal, with Colorado and California being the leaders of this. Shockingly, some states have strict cannabis laws, with CBD being entirely illegal, with access being limited to medical reasons and proof of such leeway.

Are CBD Edibles Legal in the US?

Even though the Farm Bill allows CBD products with less than 0.3% THC to be legally accessed at federal levels, CBD edibles remain technically illegal in the US, although you can easily purchase them. FDA frowns on the introduction of CBD and cannabis products in beverages and foods, making edibles illegal per se. For this very reason, the organization distances itself from CBD edibles, not even suggesting the appropriate dosages in which one should take them. Consequently, every CBD fan contemplating joining the CBD bandwagon with CBD edibles as the sole delivery method must be ready to struggle to figure out the CBD dosages.

CBD Edibles Could Be Named THC

Hemp plants have many cannabinoids or active chemical compounds, with CBD being one. Although it is entirely non-psychoactive and stands no chance of making you high, its close cousin, THC, is known for its psychoactive effect and can make you feel high quite fast (Schlienz et al., 2018). Because of the psychoactive THC, CBD was considered a controlled substance in the Marijuana Act of 1937 and became illegal. Even though the Farm Bill loosened the rope and made CBD legal at federal levels in 2018, provided it has less than 0.3% THC, it is still closely linked to its psychoactive THC. Consequently, CBD edibles are considered addictive and psychoactive; hence the FDA frowns.

What Position Do CBD Gummies Take?

CBD gummies are among the commonest CBD edibles for obvious reasons. Because of their widespread popularity, gummies come in various shapes, sizes, colors, and strengths. Watt & Karl (2017) reported that CBD is therapeutic, particularly in the case of Alzheimer’s disease, and Greb & Puschner (2016) also found CBD adjunctively therapeutic for dogs. CBD gummies seem to deliver the therapy well for human beings, making them even more popular. Besides, CBD companies incorporate vitamins in the gummies, making them effective. Due to the wide range of the health benefits linked to CBD gummies, they seem to belong to a different league altogether from the rest of other CBD edibles.

Always Carry a Certificate of Analysis (CoA)

If you depend on CBD edibles to manage some health challenges, leaving them behind when traveling may become challenging. While this might be entirely good for your health, it is worth noting that it might mean the beginning of havoc for you. Some states and countries consider CBD illegal and will punish you for possessing CBD edibles. A CoA may be the only thing that saves you, especially if it can prove that your edibles have less than 0.3% THC and if the state or country considers the mentioned threshold. Still, it is wise to research your destination state or country to know their CBD laws. If you are traveling by air, research your intended stop-overs and know how they hold CBD, including edibles, to avoid brushing shoulders with the authorities.

Conclusion

CBD edibles are technically illegal in the US, although they flood the CBD market. The Farm Bill legalized CBD with less than 0.3% THC at federal levels, but the FDA does not receive well the idea of introducing CBD to drinks and foods. Still, CBD gummies seem to belong to a different league altogether since they deliver cannabinoids and vitamins. Moreover, a CoA helps you prove their THC content when need be.

References

Bass, J., & Linz, D. R. (2020). A case of toxicity from cannabidiol gummy ingestion. Cureus, 12(4).

Greb, A., & Puschner, B. (2018). Cannabinoid treats as adjunctive therapy for pets: gaps in our knowledge. Toxicology Communications2(1), 10-14.

Schlienz, N. J., Lee, D. C., Stitzer, M. L., & Vandrey, R. (2018). The effect of high-dose dronabinol (oral THC) maintenance on cannabis self-administration. Drug and alcohol dependence187, 254-260.

Watt, G., & Karl, T. (2017). In vivo evidence for therapeutic properties of cannabidiol (CBD) for Alzheimer's disease. Frontiers in pharmacology, 8, 20.