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are cbd infused drinks legal

Just to clarify: No. CBD is illegal in foods, drinks, capsules, ingestible oils and any other form of consumable product. Until the FDA adds CBD to the “generally recognized as safe” list, it will remain illegal to market and sell CBD-infused products as foods, drinks and supplements.

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This story discusses substances that are legal in some places but not in others and is for informational purposes only and not for the purpose of providing legal advice. You shouldn’t do things that are illegal — this story does not endorse or encourage illegal drug use.

CBD stands for cannabidiol, a chemical compound that comes from the cannabis plant. It’s not the only cannabinoid — scientists know of more than 100 compounds from the cannabinoid family — but it certainly seems to be the most popular. Other than delta-9-tetrahydrocannabinol, or THC, of course: the one that provides a “high.”

Are CBD foods and drinks safe?

What’s more, because CBD is currently a relatively unregulated ingredient (other than, you know, the fact that it’s illegal to market), some products make health and medical claims that may not be true and may use ingredients of unknown quality.

In 2019 alone, the FDA sent warning letters to more than 20 companies selling CBD products, demanding that they remove or remedy their various health and medical claims. Despite all this, CBD companies and industry experts don’t expect CBD products to go anywhere.

Orally ingesting CBD may be more dangerous than people think.

What is CBD?

Despite that, companies are aware of consumers’ desire for natural, plant-based remedies to health concerns like anxiety and insomnia. And so CBD-infused food and drinks became a thing.

As you may have picked up yourself, some of those claims sound pretty outrageous. Well, as it turns out, there’s very little — and in some cases, zero — valid scientific evidence to support them.

A. The agency has received reports of adverse events in patients using cannabis or cannabis-derived products to treat medical conditions. The FDA reviews such reports and will continue to monitor adverse event reports for any safety signals, with a focus on serious adverse effects. Consumers and healthcare providers can report adverse events associated with cannabis or cannabis-derived products via the FDA’s MedWatch reporting system, either online or by phone at 1-800-FDA-1088. For more information, please see the FDA’s webpage on MedWatch.

Information from adverse event reports regarding cannabis use is extremely limited; the FDA primarily receives adverse event reports for approved products. General information on the potential adverse effects of using cannabis and its constituents can come from clinical trials that have been published, as well as from spontaneously reported adverse events sent to the FDA. Additional information about the safety and effectiveness of cannabis and its constituents is needed. Clinical trials of cannabis conducted under an IND application could collect this important information as a part of the drug development process.

FDA Communications

FDA can take action if it has information that an ingredient or cosmetic product is unsafe to consumers. Consumers can report adverse events associated with cosmetic products via the FDA’s MedWatch reporting system, either online or by phone at 1-800-FDA-1088, or by contacting your nearest FDA district office consumer complaint coordinator. For more information, please see the FDA’s webpage on how to report a cosmetic-related complaint.

Regulatory Resources

12. Can hulled hemp seed, hemp seed protein powder, and hemp seed oil be used in human food?