CBD and Cannabis
Cannabis products, including those infused with cannabidiol (CBD), are a new frontier for convenience retailers. Although many states have legalized its use, cannabis remains illegal at the federal level, and the FDA has yet to approve use of hemp-derived CBD in edible products.
Industrial hemp was removed from its previous classification as a Schedule I controlled substance in the 2018 Farm Bill, making hemp-derived CBD legal for interested parties to produce, distribute and dispense. However, the legislation did not alter the FDA’s authority to regulate the interstate sales of food and beverages containing the substance (hemp seed-derived food ingredients don’t require FDA approval).
Since 2018, new beverages and other products containing CBD have come to market, along with a gray area for these products. Given the FDA’s position that foods, supplements and certain cosmetics containing CBD are unlawful, retailers do not have substantial protection under the law for the time being. However, the landscape on this topic is constantly changing.
NACS has created a resource to help you navigate the gray areas around the sale of CBD and CBD-related products.
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