As we anticipated, AB-45, California’s comprehensive legislation that finally regulates (and legitimizes) industrial hemp products is now law and takes effect immediately. Governor Newsom signed the bill into law this week. Pretty huge step in the right direction for California’s booming hemp products marketplace.
How far has California come on the hemp spectrum when it comes to hemp infused foods, beverages, and everything in between? Well, in 2018, the California Department of Public Health (CDPH) Food and Drug Branch issued a pretty surprising FAQ about hemp-infused food and beverages– namely addressing CBD. The FAQ states, among other things, that:
“although California currently allows the manufacturing and sales of cannabis products (including edibles), the use of industrial hemp as the source of CBD to be added to food products is prohibited. Until the [Food and Drug Administration (FDA)] rules that industrial hemp-derived CBD oil and CBD products can be used as a food or California makes a determination that they are safe to use for human and animal consumption, CBD products are not an approved food, food ingredient, food additive, or dietary supplement.”
According to CDPH, it took this position because:
“California incorporates federal law regarding food additives, dietary use products,