Food Safety
search
Ask Food Safety AI
cart
facebook twitter linkedin instagram youtube
  • Sign In
  • Create Account
  • Sign Out
  • My Account
Food Safety
  • NEWS
    • Latest News
    • White Papers
  • PRODUCTS
  • TOPICS
    • Contamination Control
    • Food Types
    • Management
    • Process Control
    • Regulatory
    • Sanitation
    • Supply Chain
    • Testing and Analysis
  • PODCAST
  • EXCLUSIVES
    • Food Safety Five Newsreel
    • eBooks
    • FSM Distinguished Service Award
    • Interactive Product Spotlights
    • Videos
  • BUYER'S GUIDE
  • MORE
    • NEWSLETTERS >
      • Archive Issues
      • Subscribe to eNews
    • Store
    • Sponsor Insights
    • ASK FSM AI
  • WEBINARS
  • FOOD SAFETY SUMMIT
  • EMAG
    • eMagazine
    • Archive Issues
    • Editorial Advisory Board
    • Contact
    • Advertise
  • SIGN UP!
Ingredients

CANNABIS PRODUCTS | MARCH 2019

Legal perspectives on the state of CBD

By Douglas Peckenpaugh
Douglas J. Peckenpaugh
March 8, 2019

CBD holds massive potential across every area of food and beverages. According to The Brightfield Group, the U.S. hemp-derived CBD market could hit $22 billion by 2022. It’s a star—some would say revolutionary—with tremendous R&D potential for the next generation of functional, medical and just generally healthy foods and beverages.

That said, it’s only prudent that we take a close look at the legality of CBD as an ingredient—whether derived from industrial hemp (cannabis that has less than 0.3 percent THC) or isolated from commercially grown cannabis (standard levels of THC).

Yes, the passage of the Farm Bill seems to have opened the door to the market for CBD derived from industrial hemp, which is thankfully now legal to grow in the U.S. But as a recent article in The National Law Review points out, that doesn’t mean that it’s open season on CBD for R&D yet (“Will Hemp-Derived CBD Be Fully Legal with Passage of the 2018 Farm Bill? Not Quite,” December 4, 2018, www.natlawreview.com/article/will-hemp-derived-cbd-be-fully-legal-passage-2018-farm-bill-not-quite).

It’s logical to assume that CBD derived from standard THC-containing cannabis grown in states with medical and/or recreational legislation in place would continue to fall under the restrictions in place set by the current Schedule I classification of the Controlled Substances Act (CSA). CBD from such sources would likely be fine for use in legal cannabis edibles and beverages—as long as distribution is limited to that state.

Likewise, many in the industry believe that CBD derived from industrial hemp, now legal per the Farm Bill—which removes industrial hemp from the CSA definition of cannabis and Schedule I classification—would not face restrictions from a DEA perspective.

But that still leaves FDA to contend with, which still considers all cannabinoids, including CBD—regardless of the source of extraction—impermissible additives that adulterate food and supplements. FDA has issued warning letters clearly indicating that it considers CBD a drug.

However, a clear pathway toward progress will be to seek designation of CBD as a generally recognized as safe (GRAS) ingredient. We already have GRAS status for hemp seed oil, but not specifically for isolated CBD. Expect to see suppliers tackling this scientific process over the coming months.

Looking for quick answers on food safety topics?
Try Ask FSM, our new smart AI search tool.
Ask FSM →

To complicate matters further, individual states have clarified their positions on CBD—either pro or con (visit The National Review link above for details). This opens some opportunity, but still stands in contradiction with FDA.

In the meantime, tread lightly, thoroughly familiarize yourself with this issue, source and label your products appropriately, and encourage your legislators to reconcile this contradictory state of affairs so business can proceed without hesitation.

KEYWORDS: CBD farm bill

Share This Story

My photo2016200

Douglas J. Peckenpaugh is Director of Content Strategy for Beverage Industry, Dairy Foods, Food Engineering, The National Provisioner, Packaging Strategies, Flexible Packaging, Prepared Foods, Refrigerated & Frozen Foods, Snack Food & Wholesale Bakery, and Candy Industry at BNP Media. For over three decades, his work has followed the food industry from farm to fork, including concentrations in agriculture, ingredient processing, packaging and processing equipment, retail grocery branding, foodservice menu development, and food product R&D and manufacturing.

Recommended Content

JOIN TODAY
to unlock your recommendations.

Already have an account? Sign In

  • people holding baby chicks

    Serovar Differences Matter: Utility of Deep Serotyping in Broiler Production and Processing

    This article discusses the significance of Salmonella in...
    Testing & Analysis
    By: Nikki Shariat Ph.D.
  • woman washing hands

    Building a Culture of Hygiene in the Food Processing Plant

    Everyone entering a food processing facility needs to...
    Food Prep/Handling
    By: Richard F. Stier, M.S.
  • graphical representation of earth over dirt

    Climate Change and Emerging Risks to Food Safety: Building Climate Resilience

    This article examines the multifaceted threats to food...
    Management
    By: Maria Cristina Tirado Ph.D., D.V.M. and Shamini Albert Raj M.A.
Manage My Account
  • eMagazine Subscription
  • Subscribe to Newsletters
  • Manage My Preferences
  • Website Registration
  • Subscription Customer Service

More Videos

Sponsored Content

Sponsored Content is a special paid section where industry companies provide high quality, objective, non-commercial content around topics of interest to the Food Safety Magazine audience. All Sponsored Content is supplied by the advertising company and any opinions expressed in this article are those of the author and not necessarily reflect the views of Food Safety Magazine or its parent company, BNP Media. Interested in participating in our Sponsored Content section? Contact your local rep!

close
  • NEVIFIT 3 Compartment BPA-FREE
    Sponsored byCorbion

    The Risks of Ready-to-Eat: Five Ways to Protect Today's Prepared Meals

  • a group of workers in a food production facility
    Sponsored bySkillUp by Registrar Corp

    How to Build a Better Training Program: Data and Insights from the Global Food Safety Training Survey

  • the use of dual-energy X-ray food inspection technology to identify foreign contaminants.
    Sponsored byEagle by METTLER TOLEDO

    Precision Inspection Starts with the Right X-ray Detector

Popular Stories

green powder/moringa in wooden mortar

FDA Opens Third Salmonella–Moringa Outbreak Investigation of the Year

fermented meat

Study is First to Analyze Trends in Foodborne Illness Outbreaks Linked to Non-Dairy Fermented Products

lab scientist investigating a strawberry

FDA Modernizes Oversight of Pesticides in Food

a practical guide to spoilage investigation webinar

Events

June 10, 2026

A Practical Guide to Spoilage Investigation and Prevention

Live: June 10, 2026 at 11:00 am EDT: Join this webinar to learn how to identify spoilage root causes, reduce risk, and apply data-driven strategies for prevention.

June 16, 2026

Sustainable Food Contact Materials: Where Regulation Meets Analytical Testing

Live: June 16, 2026 at 11:00 am EDT: This webinar explores how sustainability regulations are changing food contact material requirements, including packaging compliance, unintended substances, and per- and polyfluoroalkyl substances.

June 17, 2026

Living HACCP: Practical Steps for Implementation

Live: June 17, 2026, at 12:00 pm EDT: From this webinar, attendees will understand how social norms shape the way hazards are understood, how decisions are made, and how well risks are understood and acted on across companies.

View All

Products

Global Food Safety Microbial Interventions and Molecular Advancements

Global Food Safety Microbial Interventions and Molecular Advancements

See More Products

Related Articles

  • Cover of J.J. Keller study on the State of EHS

    J. J. Keller Releases First Benchmark Study on the State of EHS

    See More
  • person pouring pink thc beverage into a glass

    Massachusetts-Based Adult Beverage Alliance Forms to Advocate for Responsible State Regulation of CBD/THC Drinks

    See More
  • person looking at food delivery app on phone

    Inspectors’ and Industry's Perspectives on the Food Safety Challenges of Dark Kitchens

    See More

Related Products

See More Products
  • 1119053595.jpg

    Food Safety for the 21st Century: Managing HACCP and Food Safety throughout the Global Supply Chain, 2E

  • 1119258073.jpg

    FSMA and Food Safety Systems: Understanding and Implementing the Rules

  • 9781498721776.jpg

    Handbook of Food Processing: Food Safety, Quality, and Manufacturing Processes

See More Products

Related Directories

  • On Target Packaging

    On Target Packaging is a production/maintenance servicer for combination and check weighers. We do not sell or process food, but provide service/repairs, and equipment for the food industry
×

Never miss the latest news and trends driving the food safety industry

Newsletters | Website | eMagazine

JOIN TODAY!
  • RESOURCES
    • Advertise
    • Contact Us
    • Directories
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • Newsletters
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • Instagram
    • X (Twitter)
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2026. All Rights Reserved BNP Media, Inc. and BNP Media II, LLC.

Design, CMS, Hosting & Web Development :: ePublishing