Jonathan Robbins, chair of Akerman’s Cannabis Practice, clarified the legality of food and beverages containing nonpsychoactive cannabidiol, more commonly known as CBD, following recent surge of products containing the drug. The signing of the Agriculture Improvement Act of 2018 legalized certain products containing CBD derived from hemp. However, the U.S. Food and Drug Administration has stated that it is illegal to sell foods infused with CBD. Lawmakers are asking to the FDA to see how it intends to legalize CBD foods.
“The FDA takes the position that CBD cannot be a proper food additive and it cannot be a nutraceutical because it is a drug,” Robbins said.