We know that with the growing popularity of hemp/CBD you might be wondering, how do I launch a hemp/CBD product? And, is it legal?
As of December 20th 2018, the U.S Federal Government legalized the cultivation and distribution of hemp/CBD. The 2018 Farm Bill specifically notes that no State may dis-allow or interfere with the transportation of hemp/CBD through its state.
However, each state has the ability to govern the use/consumption of hemp CBD within its boarders. This means that each state will begin to regulate it's own marketplace, and not every state will approve regulations at the same time. This is a blessing, and a curse. The obvious down side with lack of regulation, you will not be able to roll out your products on a national level right away. However the upside is much greater. You have the ability to stay ahead of the curve by being first to market in each regulated State.
Don't wait around: By releasing your products in states where hemp/CBD is regulated, and accepted by the State health & safety departments, you will be able to have a greater handle on the market as the territories expand and regulations begin to fall in place. As an added bonus of being first to market, your brand will have much higher consumer visibility, and your brand may become the "go to" hemp/CBD product.
Being that California is the melting pot for most new things, it is also a great place to release your hemp/CBD brand.
California's AB-228 is set to go in effect, on or before September 15, 2019. This means California will allow hemp/CBD in food & beverages, and it deems hemp as an un-adulterated commodity.
Colorado was the first U.S. State to market, as they have had regulations in place for hemp/CBD to be infused into food & beverages as of May 30, 2018 with HB18-1295. More States are beginning to follow suite.
From my understanding, at this time, FDA does not have a projected timeline for approving hemp/CBD regulations. You should always use best practices when manufacturing your hemp/CBD products, and or use reliable sources when buying hemp/CBD products. Please, consult with an attorney to help you navigate the un chartered waters of the hemp/CBD industry.
After putting in hundreds of hours of research, the conclusion to my interpretation of FDA's stance on hemp/CBD at this time, is that FDA is not perusing enforcement on companies who are strictly incorporating hemp/CBD in food and beverages. FDA appears to be regulating companies that are making false product claims/mis-branding & or in violation of other standard regulatory guidelines set forth by the food and cosmetic act. Please note, the information in this blog is my interpretation and should not be considered legal advise.
Written by: Joe Prior