Washington State: CBD cannot be used as a food ingredient

In a regulatory update published this month on the Washington State Department of Agriculture (WSDA), government representatives explained that the CBD derived from hemp is still not approved as a food ingredient or additive. «To be clear,» the statement said, «CBD is not currently approved as a food ingredient under federal law.» The WSDA said it has been in contact with players in the hemp and food industries to clear up any confusion.

However, the WSDA update mentions that parts of the hemp plant that have been classified as «generally recognized as safe», including shelled hemp seeds, hemp seed protein powder and hemp seed oil, are permitted in food products.

Slow regulation

The CBD has been legal since last December. Visit Farm Bill of 2018 abolished hemp (with a THC concentration of no more than 0.3%) from Controlled Substances Act. This same Farm Bill however, explicitly preserved the Food and Drug Administration's (FDA) federal authority to regulate ingredients in food, including hemp extracts like CBD.

From February 2019, U.S. congressmen called for clarification of CBD's status. This cannabinoid is already the active ingredient in Epidiolex, a treatment for severe epilepsy.

The clarification from Washington State therefore seemed necessary, as entrepreneurs, or simply enthusiasts, look forward to the arrival of the FDA's federal CBD regulations. Already, last November, the FDA commissioner at the time, Scott Gottlieb, had declared on a television program that the review of cannabis policies was «inevitable« . However, he quickly moderated his remarks, pointing out that writing regulations could take years. In mid-July, the FDA announced an acceleration of the CBD regulation process, and promised a new bill for the autumn.