Washington Department of Agriculture Says Hemp and CBD Food Additives are Still Illegal

The Washington Department of Agriculture released a statement on the restrictions on use of hemp CBD as a food ingredient.

The statement states outright that, “To be clear, CBD is not currently allowed as a food ingredient, under federal and state law.” The statement further identifies what is permitted and what is not permitted.

Although CBD is not permitted as a food ingredient, it appears that WSDA licensed processors can use other hemp products, such as hulled hemp seeds, hemp seed protein powder, and hemp seed oil – provided they comply with all other requirements. As the notice reads, in part, “While CBD is not allowed as a food ingredient, WSDA licensed food processors can currently use other hemp products in food, such as hulled hemp seeds, hemp seed protein power and hemp seed oil , provided they comply with all other requirements.”

This appears to be consistent with the FDA's position on hulled hemp seeds, hemp seed protein powder and hemp seed oil. In 2018, it evaluated these ingredients in three GRAS notices. The GRAS notices were issued by Fresh Hemp Foods, Ltd. for hemp seed ingredients, including hulled hemp seed, hemp seed protein powder, and hemp seed oil.

The issue of CBD not being permitted as a food ingredient appears to be causing issues in other states as well. For example, according a news release by the New York Association of Convenience Stores, the state's Department of Agriculture and Markets decreed that “No food or beverage product may be made or sold in New York State if it contains cannabidiol (CBD) as a food, a food additive or an ingredient.”

All information is for general informational and educational purposes only. Nothing should be interpreted as legal or wellness advice.