FDA Official Suggests that CBD will be banned from foods for the foreseeable future

We’re tracking statements from the FDA regarding CBD in food. With state policy fluctuating so wildly on this issue and often attempting to mimic federal laws, the FDA’s evolving position on CBD is important.  So it’s notable that earlier this week a member of the FDA’s cannabinoid working group, Lowell Schiller, reaffirmed the FDA position that “under current law, it’s unlawful to sell a food or dietary supplement with CBD in interstate commerce.” He went on to state that significantly more research is needed before this changes at the federal level.

Keep in mind that these are policy statements, not explicit laws or regulations particular to CBD, from the FDA. So their legal force is subject to challenge. Regardless, for the time being, as CBD becomes more ubiquitous nationwide and states explicitly approve foods containing CBD, federal policy will continue to diverge from state law and the reality on the ground.