Are CBD gummies legal to consume?

CBD gummies

Photo Credit: Heather Doucette

CBD gummies have taken the industry by storm for all the good reasons. For starters, they taste extremely good. Now, with the addition of CBD-oil in the specially formulated gummies, there is not just taste to these edibles but also health and growth.

The manufacturers and producers of the CBD gummies often come across this question:

What’s the benefit of CBD gummies? 

Well, there are many. From relaxing your mind and body to relieve you from skin and body diseases, CBD-infused gummies have a lot to add to a healthy lifestyle.

However, the area around the legality of its consumption is quite gray, at least for now. So what’s the truth behind it? Let’s find out.

What are CBD gummies?

CBD gummies are delicious edibles that contain between 5mg to 30 mg of CBD –a naturally occurring biochemical compound found in cannabis plants. Cannabidiol or CBD oil is extracted from cannabis or hemp. The CBD in most gummies is extracted from hemp plants.

They have quite low concentration of the ‘hallucinating’ cannabinoid Tetrahydrocannabinol (THC). This means that CBD-oil doesn’t induce high, intense feelings. These cannabinoids interact with endocannabinoid system in humans, which results in better sleep, relaxation, improved appetite, and other health benefits.

As a result, CBD gummies are in high demand these days for they are capable of treating a wide range of medical conditions and diseases.

The legal status of consuming CBD gummies

The legality of consuming the CBD-infused edibles is still under supervision. There is only a little clarity about the laws relating to the edible use of CBD oil in the USA.

Federally speaking, the Drug Enforcement Administration (DEA) has oversight over consumption of CBD in edibles. As per DEA, CBD is a Schedule 1 drug, which includes drugs with no currently accepted medical use and a high potential for abuse.

However, the U.S. Food and Drug Administration (FDA) has approved Epidiolex, which has proved to be quite beneficial for the treatment of a rare form of epilepsy. So, this drug has been classified in Schedule 5, which includes drugs that have the lowest potential for addiction and abuse.

Additionally, the 2014 Farm Bill exhibits a provision that grants for the legal cultivation of hemp provided it is used for agricultural research and similar programs. However, the confusion regarding the same still exists.

In 2018, the Agriculture Improvement Act of 2018, also known as the Farm Bill, legalized the use of CBD, which is derived from hemp. CBD derived from hemp usually contains less than 0.3% THC (by dry weight). However, CBD which is derived from marijuana plant still falls under the category of illegal substance.

As per the regulations of the 2018 Farm Bill, ‘any cannabinoid—a set of chemical compounds found in the cannabis plant—that is derived from hemp will be legal, if and only if that hemp is produced in a manner consistent with the Farm Bill, associated federal regulations, association state regulations, and by a licensed grower.’

Basically, CBD gummies are derived from hemp plants and thus, are federally legal to consume. However, if a CBD product contains a definite amount of THC but wasn’t harvested, grown or cultivated by a licensed farmer, company, or individual, it will still deem to be illegal.

Even though hemp-derived CBD is legally allowed to consume, it cannot be sold or marketed as an edible or supplement without first going through the drug approval test by FDA, even though the CBD in question is derived from hemp.

Many states in the US have legalized the edible use of CBD oil. However, these states have individual laws regarding the consumption of CBD-infused food and drinks. So, it’s best to learn about the state laws relating to CBD before going ahead with the consumption CBD gummies in the US.

How to find legally approved CBD gummies

Since the laws related to consumption of CBD are still in-progress, here’s what to look for in a licensed or approved CBD gummies.

  1. Only look for CBD gummies that are extracted from hemp plants that are harvested in the United States.
  2. The batch number of the certificate of analysis (COA) should match the number on the product’s packaging. The COA exhibits that the product is lab tested for its ingredients.
  3. The COA must also confirm the amount of CBD and THC listed on the label or packaging.
  4. The COA must also meet the ISO 17025 standard. The testing method of the product must be regulated by three national organizations – the Association of Official Agricultural Chemists, the American Herbal Pharmacopoeia, or the U.S. Pharmacopeia.

You must only consume the CBD gummies that meet the above 4 tests or else they wouldn’t be regarded as legal or authentic. Additionally, they might have an adverse effect on your health.



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