Upon the discovery of CBD, US regulators started keeping it within their radar. The FDA has jurisdiction over drugs in a broad sense from border to border, intra and interstate. However, their jurisdiction over food, only extends to food that crosses interstate lines. CBD, therefore, because of potential food uses and medicinal uses complicates even more what is already complicated.
Will CBD be used as a drug?
Under the FD&C Act, a drug is defined as “any product, including a cannabis product (hemp or otherwise), that is marketed with a claim of therapeutic benefit, or with any other disease claim. Cannabidiol was identified as a possible solution to help combat epilepsy in 1995. Since then, there have been studies performed to evaluate the effectiveness of CBD to treat epilepsy and lessen the frequency and severity of seizures. In 2018, the FDA approved the first cannabidiol drug, brand named Epidiolex. Drug approvals under the FDA jurisdiction require specific approval before they can be launched into the market.
Basically, CBD is a recognized drug for use to treat epilepsy. Future use as a drug needs to be approved by the FDA and it is hard to really tell when that will be.
Can CBD be used as an ingredient
What was seemingly the easiest way to market CBD derived products is becoming increasingly complicated. For ingredients, the easiest road to allowance in food is to be identified as Generally Recognized as Safe (GRAS). This status is granted to ingredients that have been studied and deemed safe for human consumption by FDA-recognized experts. CBD, to date, is not Generally Recognized as Safe for human consumption by the FDA and without this status, the FDA has similar mandates to CBD as a drug. Ingredients must gain premarket approval prior to being offered for sale in interstate commerce.
So What is the FDA Going to do.?
CBD product offerings continue to rise despite the FDA cracking down on those claiming cures or crazy health benefits. Products are popping up everywhere ranging from CBD-infused pillows to suppositories. While products containing CBD have increased in popularity, the FDA has stood at a distance until recently. The result of this lack of enforced policy has led to a scenario where upwards of 70% of all CBD products available online are mislabeled and have no certificates of analysis to prove what is actually in them.
As we wait for regulations to be put in place we stand at a crossroads. What do we do when we know CBD can benefit our lives but we are scared to buy a faulty product? If you really want to use Cannabidiol products there are 3 major rules when shopping CBD. 1) Always look for lab reports or what is called a Certificate of Analysis. Make sure the price seems right, not to low or it is probably not real CBD and not to crazy high cause that means they are probably trying to screw you over. And 3) Make sure the mg count is high enough to make a difference for you. If you want to see what a Certificate of Analysis looks like check out our many lab reports right here.