Are CBD Gummies Legal?

You’re not the only one who’s asked the question, “Are CBD Gummies legal?” Even with the passing of the 2018 Farm Bill, the legality concerning one of your favorite CBD products may still be a confusing topic. Federally speaking, products containing CBD sourced from Industrial Hemp plants are legal. However, edible products like CBD Gummies are not entirely deemed as legal in all 50 states.

Continue reading for a better understanding of the federal and state legalities surrounding CBD Gummies.

If you are new to CBD, gummies are one the easiest ways to try CBD and experience its effects. Available in tasty flavors and bite-sized shapes, CBD Gummies are a portable and simple method for consuming your daily CBD needs. Similar to other CBD Edibles, CBD Gummies are generally infused with varying concentrations of CBD. They deliver long-lasting benefits of CBD through digestion and absorption.

The Food and Drug Administration (FDA) regulates all foods offered in interstate commerce. Since the CBD industry has yet to be regulated by the FDA, it has left the legality of CBD Gummies up to state and local legislation. Although the 2018 Farm Bill legalized Industrial Hemp-derived CBD products federally, your local and state governments still have the final say on whether CBD edibles are legal for purchase. That being said, most states allow you to legally purchase and consume CBD Gummies without the fear of legal implications.

Nevertheless, New York is one such state that has a defined policy regarding CBD added to food and beverages. According to the New York State Department of Agriculture:

The Department does not allow the addition of CBD to food and beverages. It allows the manufacture and sale of CBD as a dietary supplement, which ensures that it meets strict requirements for manufacturing, labeling and advertising for increased consumer awareness and protection. We continue to educate our retail and food manufacturing partners about the state’s policy prohibiting CBD in food and beverages.

Primarily, this law protects the commercial sale of CBD edibles labeled as dietary supplements and cracks down on restaurants and shops adding CBD to their food and beverages. If you are still unsure about the legality surrounding CBD Gummies in your state, you should always stay informed on the most current policies.

When shopping for CBD Gummies, you will want to look for these four requirements to ensure you are buying a legitimate and safe CBD product:

1. Must be derived from Industrial Hemp

For CBD Gummies to be legal in the U.S., they must use CBD sourced from Industrial Hemp. Industrial Hemp is characterized by having THC levels that do not exceed 0.3% THC by dry weight.

CBD products sourced from marijuana are still considered federally legal throughout most states.

2. Must contain less than 0.3% THC

While Industrial Hemp generally contains less than 0.3%* THC, cross-pollination and other interactions may cause higher levels of THC. Companies must test their CBD in-house as well as with an ISO-certified third-party lab to ensure their products do not surpass the 0.3% THC legal limit.

*This level of THC is not nearly enough to cause psychoactive effects or feelings associated with being “high.”

3. Must be accurately labeled

The packaging and labeling requirements for CBD Gummies may vary per state. At the minimum, the labeling for CBD Edibles must include: QR codes, dosing instructions, CBD potency per serving, accurate nutrition facts and required FDA Disclaimer. These requirements are for consumer protection and help certify that CBD products were manufactured and labeled in accordance with FDA-approved industry standards.

4. Must be fair and truthful when advertising

While CBD Gummies do have potential benefits, companies cannot market their products with unproven claims. The FDA recently issued warning letters to 15 companies for illegally selling CBD products that violated the Federal, Food, Drug and Cosmetic Act (FD&C Act). These companies received warning letters for claiming that their CBD products could treat, cure or heal serious ailments such as Alzheimer’s, cancer, Parkinson’s or multiple sclerosis.

Selling CBD products under the impression that they can cure and heal certain disorders may discourage people from seeking proper medical attention. Nature’s Script recommends that you talk to your medical professional before adding CBD to your daily regimen.

Yes, Nature’s Script CBD Gummies are federally legal to purchase and consume in all 50 states. Additionally, we work with state governments to ensure we can provide legal and safe CBD Gummies throughout the U.S.

Nature’s Script ensures the highest-quality CBD edibles through consistent souring, manufacturing and testing. When we receive our raw CBD, we test its quality in-house to verify it is free of mycotoxins, metals and residual solvents and that it contains less than 0.3% THC. In the coming months, our CBD Gummies will be manufactured in-house in our state-of-the-art gummy machine, ensuring quality and potency.

We send each batch of CBD Gummies to an ISO-certified lab testing facility to verify their potency and to confirm they do not exceed the 0.3% THC threshold. We market and label our CBD Gummies as a dietary supplement and do not make any dishonest claims. Our CBD Gummies may promote comfort and relaxation while encouraging a more positive lifestyle.

When you go to ask the question, “Are CBD Gummies legal?” know that you can count on Nature’s Script to deliver legal and compliant CBD edibles.

2020 Industry Predictions – How Nature’s Script Will Lead the Way

No one could have predicted how big the CBD industry would become when the Hemp-derived compound hit the market in 2015. Fast forward five short years later, and you can buy products ranging from edibles and drinks to activewear and toothpicks that contain the non-psychoactive cannabinoid. While the benefits of CBD have yet to be confirmed, analytics from Cowen & Co. show that 7% of American adults currently use CBD for discomforts such as anxiety, pain, sleep troubles and stress. Even without the certainty of its effectiveness, Americans continue turning to this plant-derived alternative for comfort – and finding positive results.

As we head into 2020, many questions still surround the CBD industry. Rod Kight, an award-winning Cannabis attorney and recurring guest on our CBD University podcast, outlined his five CBD market projections in his blog, “Top 5 Cannabis Predictions for 2020.” A few of his points stood out to us, including CBD’s continued popularity, incoming FDA guidelines for the industry and how consumers will be able to put their trust into reliable CBD companies.

Read our four biggest predictions for the CBD industry in the upcoming year and how Nature’s Script will lead the way.

You probably think CBD already is everywhere, considering the “CBD Sold Here” signs along your morning commute and those refreshing CBD smoothies sold at your local nutrition shop. If you didn’t think the CBD industry could get any bigger, you’re respectfully right and wrong.

On Nov. 1, 2019, Forbes published an article using data from cannabisMD to show how prominent CBD had become. When compared to popularly searched terms on the Internet, CBD outranked nearly everything, including Jesus, Kanye West, the NBA, voting and more. CBD has dominated search volume across the web over the past two years, along with social media platforms Facebook, Instagram and Twitter.

We’re at a point in the CBD market’s lifespan where supply exceeds the demand. While there are plenty of players within the industry, only a few will assert themselves as more dependable than the majority of other CBD companies.

With an eye toward the future, Nature’s Script has positioned ourselves to emerge as a premier CBD manufacturer and supplier – not just another CBD company. You can find Nature’s Script products in over 25,000 convenience stores nationwide, and we don’t plan on stopping there. In 2020, we want our premium CBD products to be even more accessible to you.

As mentioned in our last prediction, CBD’s popularity has resulted in the oversaturation of the market. From large companies to mom-and-pop shops, everyone wants to cash in on the newly dubbed “miracle compound.” Kight notes that as the CBD market matures, the mom-and-pop shops and quick-grab companies selling lower-quality CBD will be unable to compete with our industry-leading standards.

Recently, CBD’s hype has slowed down due to a lack of federal regulations. Companies can market their unsafe products using ill-advised claims, which has led to uncertainty about which brands consumers can and should trust. These companies will be incapable of meeting quality standards soon to be put in place, leading either to insolvency or bankruptcy.

Nature’s Script has built a strong foundation to outmatch the early adopters of CBD. We operate out of our more than 100,000-square-foot manufacturing space with a team of expert researchers, developers and formulators who remain focused on crafting premium and reliable CBD products. We implement robust quality control measures that are unmatched within the CBD industry. Our products are correctly labeled according to state regulations and do not contain any unsolicited claims, already putting us leaps and bounds ahead of the “competition.”

In the interest of public health and the growing sense of urgency within the CBD industry, we believe that the U.S. Food and Drug Administration (FDA) will start to regulate CBD during 2020. The FDA is the chief agency for assuring the effectiveness, safety and security of products for human and animal consumption. The FDA’s current guidelines for the sale of legal CBD products include:

Must be sourced from Industrial Hemp grown by federally licensed farmers
Must contain no more than 0.3% delta-9-tetrahydrocannabinol, or THC

Companies must rely on differing state legislations concerning the production of CBD products. These regulations offer more in-depth rules regarding the safety, manufacturing, product quality, marketing, labeling and sale of CBD products.

At Nature’s Script, we are eagerly awaiting the FDA’s updates regarding the production and sale of CBD because we feel prepared. We have integrated essential compliance and regulation standards into our manufacturing processes, as well as adherence to state regulations. We use standard operating procedures (SOPs) for packaging, labeling, storage, production and in-house testing. While we await changes from the FDA, our facility, equipment and team of experienced individuals allow us to produce quality CBD products that meet the standards of similar consumer goods in the market.

One of the biggest concerns regarding the sale and purchase of CBD is the legitimacy of available manufactured goods. Going forward, CBD companies wanting to manufacture and sell products successfully within the CBD market will need to implement current Good Manufacturing Practices (cGMPs) in a fully traceable, seed-to-sale process.

We use cGMPs at Nature’s Script to ensure you receive a safe and effective CBD product. All our raw CBD comes with a full panel Certificate of Analysis (COA). COAs confirm the contents of our CBD to ensure it’s free of any pathogens, mycotoxins, metals, and residual solvents. Additionally, we conduct in-house lab testing, which includes both in-process and final product checks. Final product checks consist of quarantine and shelf stability testing. Once a batch meets these standards, we partner with an ISO-certified third-party lab to confirm its quality and to verify it doesn’t exceed 0.3% THC by dry weight.

In 2020, all of Nature’s Script CBD products will contain scannable QR codes. QR codes will allow you to view your product’s unique COA and confirm the raw CBD used for production. You will also be able to access your product’s ISO-certified third-party lab test results. These results validate the contents and concentration of your CBD product.

Nature’s Script CBD Industry Wrap-Up

Since the CBD industry is so unique as compared to any other, it’s almost impossible to predict where it will go. As long as consumers continue to seek out a natural alternative for comfort and relaxation, the potential for CBD is endless.

Nature’s Script will strive to maintain our current SOPs, cGMPs and other compliance efforts to meet both state and federal legislation. We will also continue to keep your needs in mind by formulating new CBD products that suit your lifestyle goals. Nature’s Scripts wants you to start and end 2020 with a CBD company you can trust.