Food and beverage products containing CBD were introduced in the United States in 2017. Similar to energy drinks and protein bars which may contain vitamin or herbal additives, food and beverage items can be infused with CBD as an alternative means of ingesting the substance. In the United States, numerous products are marketed as containing CBD, but in reality contain little or none. Some companies marketing CBD-infused food products with claims that are similar to the effects of prescription drugs have received warning letters from the Food and Drug Administration for making unsubstantiated health claims.
In September 2018, following its approval by the FDA for rare types of childhood epilepsy, Epidiolex was rescheduled (by the Drug Enforcement Administration) as a Schedule V drug to allow for its prescription use. This change applies only to FDA-approved products containing no more than 0.1 percent THC. This allows GW Pharmaceuticals to sell Epidiolex, but it does not apply broadly and all other CBD-containing products remain Schedule I drugs. Epidiolex still requires rescheduling in some states before it can be prescribed in those states.
This mint-green bath bomb, made by Los Angeles-based De La Beuh, combines the invigorating aromatherapy of peppermint oil with the pain relief benefits of CBD. I sat in the bath with this bath bomb soak for an hour—until the water ran cold—when I had both cramps and lower back aches, and while it doesn’t beat ingesting a painkiller, it did help soothe my pains so that I fell asleep as soon as I hit the pillow. De La Beuh sells bath bombs in many varieties—including a glittery Kaleidoscope version that will turn your bath into “unicorn” colors—so your preference just depends on your preferred aroma.
In fact, the law is pretty unclear when it comes to CBD’s state-by-state legality and people (mostly people of color, because a hard-to-interpret law is ripe for racist mishandling) are occasionally charged with possession for carrying CBD. There is a bill in the works (spearheaded by Senator Mitch McConnell, no less) that seeks to get rid of hemp restrictions federally, which would make at least one facet of the law easier to interpret. But TBD on what that means for CBD. So unless you live in a state where marijuana is cleared for recreational use and you’re over the age of 21, the answer to whether or not CBD is legal where you live will vary. And avoid transferring even the most harmless of CBD over state lines. Per Quartz:
Cannabidiol (CBD) is one of the most abundant compounds found in cannabis. Unlike other compounds found in cannabis, CBD is legal, has no psychoactive effects, and will not make you fail a drug test. CBD should be utilized by everybody to help strengthen and maintain their physical, neurological, and psychological states for optimal living. CBD is legal in New York.
Despite this, CBD is something nobody knows much about, and certainly nobody is monitoring it properly. CBD is widely marketed as a supplement, despite the Food and Drug Administration saying it does not qualify as such (this is because it is an active ingredient in drugs which are either approved or under investigation to be approved). CBD goes largely unregulated by the agency; on the FDA’s FAQ page, a vague answer maintains there are “many factors in deciding whether or not to initiate an enforcement action.” The Department of Agriculture handles research grants and pilot programs for hemp, but that’s where its involvement ends.