California House Bill to Authorize CBD in Foods on Way to State Senate, Could Bypass FDA Rules

In late May, California’s Assembly Appropriations Committee unanimously passed Assembly Bill 228. The Bill, if approved by the state’s Senate and signed by the Governor, would permit the retail sale of hemp-derived CBD in supplements, foods, and topical applications. The measure indicates that “a food, beverage or cosmetic is not adulterated by the inclusion of industrial hemp.” However, the measure also places restrictions on the sale of such products. If the Bill does pass, it text will be added to the California Health and Safety Code containing provisions of the Sherman Food, Drug, and Cosmetics Laws (the “Sherman Laws”).

In addition, the Bill includes provisions related to the California Department of Public Health (CDPH) and its efforts to cease hemp-derived CBD sales. CDPH recently released a statement,

“Until the FDA rules that industrial hemp-derived CBD oil and CBD products can be used as a food, or California makes a determination that they are safe to use for human and animal consumption, CBD products are not an approved food, food ingredient, food additive, or dietary supplement,”

Companies are already considering the potential impact of the Bill. Joseph Dowling of San Diego-based CBD Company CV Sciences stated in a press release,

“The unanimous vote reflects broad support to clarify the law and allow Californians to continue to have access to and experience benefits from quality hemp-derived CBD products.”

Even though the Bill, if passed, will affect California law, it does not alter Federal law or impact the position that the Food and Drug Administration has taken on the use of hemp-derived CBD in foods. As the FDA indicates in a statement on its website,

“We’ll take enforcement action needed to protect public health against companies illegally selling cannabis and cannabis-derived products that can put consumers at risk and are being marketed in violation of the FDA’s authorities.”