Are CBD Gummies Legal?

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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.

What are 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.  

Are CBD Gummies Legal in My State?

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.

The 4 Conditions for Legal CBD Edibles

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.

Are Nature’s Script CBD Gummies Legal?

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

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