Washington Bans CBD Infused Food Products

The Washington State Department of Agriculture issued a statement indicating that the sale of CBD infused food is not permitted in the state. Washington joins other states including Michigan, New York, California, Ohio, Georgia and South Carolina that do not permit the sale of CBD infused food and beverages.

The 2018 Farm Bill and the FDA left it to the states to figure it out the next steps in developing a retail CBD market. This state-by-state approach has made a complicated situation even more complicated.

The WDOA follows the US FDA guidance with regards to cbd related products. The US FDA only permits hemp oil to be used in food products as it is generally considered to be safe. The US FDA considers CBD to be a drug that may not be used as a food ingredient or added to food.

As each state enacts legislation to implement the 2018 Farm Bill, the state regulators and law enforcement agencies are left to struggle with how CBD should be classified and regulated. The good news is that the states are affirmatively asserting positions with regards to the legal sale of CBD oil. The bad news is that the answers vary greatly with little uniformity from state-to-state. The end result is a patchwork that prevents a national approach to the manufacture and distribution of CBD products.