California Law AB 45 Allows Sale of CBD Dietary and Food Supplements

  • Updated October 17, 2021

  • Published October 17, 2021

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California Law AB 45 Allows Sale of CBD Dietary and Food Supplements

California has passed AB 45, making it the first state to allow the legal sale of foods, beverages and dietary supplements containing CBD.

This is a big departure from FDA regulations. The FDA considers CBD to fall within the drug category and has banned its use in ingestible products. AB 45 also goes against the California Department of Public Health because the agency said it would adhere to FDA regulations.

AB 45 has several provisions. One is that CBD and other cannabinoids extracted from industrial hemp and added to edibles can be sold. Industrial hemp has less than .3 percent THC, so it is not psychoactive. The California law allows selling CBD supplements and food and drinks with CBD. Another provision is an independent lab must test the hemp extract in its raw form for CBD and contaminants.

CBD supplements and edibles must be packaged, shelf-stable, and meet California Department of Public Health requirements for serving sizes, the number of servings per container and the concentration of cannabinoids. All product labels need to provide the website, a barcode or a QR code that takes the consumer to a Certificate of Analysis (COA). The COA is a lab report showing the concentration of cannabinoids and other content.

The law was seen as necessary because the California Department of Public Health has been forcing retailers to remove CBD products from store shelves. AB 45 only applies to California, but it is hoped that other states will follow suit. General Counsel for the U.S. Hemp Roundtable said,

“It is a great way to hold folks selling products across the country accountable because everybody wants to sell in California. And to sell in California, you’re going to meet some of the highest standards anywhere.”

The CBD industry needs an alignment of state and federal laws and regulations concerning CBD in order to continue growing. Right now, there is a confusing mix of laws and regulations across the country which is holding back banks, insurers, retailers, distributors and other stakeholders from assisting CBD businesses. The US Hemp Roundtable is lobbying the U.S. Congress to pass a law that allows the selling of CBD dietary supplements and other CBD food and drinks.

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