On January 1, Illinois became the 11th U.S. State to legalize adult-use recreational marijuana. On that first day, Illinois’ 37 dispensaries sold more than $3 million dollars’ worth of cannabis products. That is an average of nearly $100,000 per store, in one day. In the first two weeks, sales surpassed $20 million. But for widespread product shortages and lines stretching for blocks, sales might have been much higher. Thirty-three U.S. states have enacted some form of legalized marijuana, with another dozen considering enacting or expanding legalization this year. This does not account for hemp—the primary source of CBD—which is legal at federal level, and which is projected to surpass $20 billion by 2024.
Cannabis companies and entrepreneurs have brought thousands of new products to market, including many foods and beverages. Despite the potentially lucrative opportunities, significant business, civil, and regulatory risks remain. For now, FDA continues to ban the use of CBD as food additive. Nevertheless, many companies have pressed forward with transnational sales of CBD infused foods and beverages. At the state level, a patchwork of inconsistent regulations has meant the edible cannabis industry is largely self-regulated, especially from a food and beverage safety standpoint. Without clear standards, it is especially important that companies are taking steps to mitigate food and beverage safety risks. Currently, two of the most pressing challenges pertain to dosing procedures and preventing contamination.