California’s Hostility Towards CBD Part 2: California Department of Public Health’s Answers to CBD Legality Questions

1. What forms of Industrial hemp derived products will and will NOT be allowed in food in California?

Will be allowed in food (without any claim for health benefits):

Seeds derived from Industrial hemp.

Industrial hemp seed oil or hemp seed oil derived from industrial hemp.

Will NOT be allowed in food:

Any CBD products derived from cannabis. Any CBD products including CBD oil. derived from  industrial hemp.

Hemp oil that is not derived from industrial hemp seeds.

Industrial hemp seed oil enhanced with CBD or other Cannabinoids.

2. Is hemp seed oil the same as CBD oil?

•Industrial hemp seed oil and hemp-derived CBD oil are two different products. Industrial hemp seed oil is derived from the seeds limited to types of the Cannabis sativa L. plant and may contain trace amounts of CBD (naturally occurring) and other cannabinoids. Food grade Industrial hemp seed oil is available from a variety of approved sources. However, CBD or CBD oil derived from industrial hemp is NOT approved for human and animal consumption by the FDA as food and therefore cannot be used as food ingredient, food additive, or dietary supplement.

3. What is the difference between industrial hemp and cannabis (marijuana) derived cannabidiol (CBD/CBD oil)?

CBD can be derived from both hemp and cannabis. CBD derived from hemp and cannabis is a federally-regulated controlled substance. CBD derived from cannabis is regulated within California as a cannabis product and may only be sourced from, produced, and sold by those with commercial cannabis licenses. CBD derived from industrial hemp is not an approved food additive, and therefore it cannot be added to human or animal foods in California. •CBD derived from cannabis is a prohibited food additive. Cannabis cannot be sold in food retail •CBD derived from a licensed cannabis cultivator, per MCSB regulations, is an allowed additive in cannabis products only.

4. Does California consider food products that contain CBD or CBD oil from Industrial hemp a cannabis product?

Although in California, foods containing industrial hemp are not considered cannabis products (products that are subject to Proposition 64), CBD is an unapproved food additive and NOT allowed for use in human and animal foods per the FDA, and thus it is not approved in California.

5. Can industrial hemp-derived CBD oils be approved as a food ingredient, food additive or dietary supplement to be added in food?

Currently Industrial hemp derived CBD Oil and CBD products are NOT an approved food, food ingredient, food additive or dietary supplement and therefore cannot be used in any human and animal food

6. If CDPH, MCSB regulates and licenses cannabis (marijuana) derived product manufacturers, which agency oversees CBD oil produced from industrial hemp?

There is currently no regulatory agency that provides oversight over the production of CBD oil from industrial hemp. However, CDPH-FDB has authority oversight over food additives, dietary use products, food labeling, and good manufacturing practices for food. Industrial hemp used as a food additive or dietary supplement falls under the authority of CDPH-FDB.

7. Can industrial hemp derived CBD products be allowed for sale in California if they come from other States? For example, if industrial hemp derived CBD oil is manufactured in another state and sold to customers in California via distributors and retailers?

No, CBD is an unapproved food additive and NOT allowed for use in human and animal foods in California regardless of where the CBD products originate.

Bottom Line

At this point, it’s legal for state-sanctioned California companies to grow and produce THC marijuana extracts, but it isn’t legal for these producers to make CBD-rich hemp extracts.

The answers to these above questions clearly show that there is deep seated incompetence in the Government of California.

The State Assembly, The State Senate and Governor Newsome have all demonstrated to the world that when it comes to CBD they are all too competent to be holding office.

There is just no excuse for this type of incompetence when progressive Democrats control all three branches of government by overwhelming numbers and they are all supposed to be Cannabis friendly yet they allow this ridiculous situation with CBD to continue indefinitely.

We would be better off having random people chosen from the phone book populate our government than these bozos. And that goes double for Governor Newsom. He has always touted how pro-Cannabis he is, yet he has let this CBD regulatory disaster continue under his watch for almost two years.

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