The Evolving Landscape of CBD-Infused Foods
Jumping into the CBD-infused food and beverage market is a very attractive prospect. Globally, the market is booming – worth $7 billion in 2023 and is projected to grow to $57.6 billion by 2032.
However, with evolving regulations and varying consumer expectations, navigating this growing movement requires a closer look. Join us as we explore the latest in CBD-infused foods, uncovering what’s fueling this trend and what lies ahead for this unique corner of the food industry.
Cannabis Products vs CBD-Infused Foods: What’s the Difference?
First, there are already cannabis products on the market in the U.S., including edibles like candy and baked goods. When we talk about CBD-infused foods and beverages, are they different?
Yes. Cannabis products and CBD-infused products are different in three fundamental ways: the way the body is affected, the way the product is made, and the legal status.
Cannabis plants have two naturally occurring compounds that affect the human body: tetrahydrocannabinol (THC) and cannabidiol (commonly known as CBD). In states with a cannabis market, cannabis products range from whole plant parts to manufactured products containing the plant after it’s been processed into a hash or oil. But when someone speaks about “cannabis” products, it’s generally understood that the product will contain significant amounts of THC. THC is the psychoactive ingredient that makes you feel “high.”
CBD, on the other hand, does not alter your state of consciousness or perception. Like caffeine, it has an effect on your nervous system, but it doesn’t get you high or impair your ability to function. And here’s the important one: CBD can be derived from hemp plants instead of cannabis. Hemp and cannabis are closely related, but only cannabis has significant amounts of THC, which affects its legal status.
CBD Health Effects & CBD-Infused Food Benefits
So, CBD-only products won’t get you high. What’s the point?
CBD is proven effective in treating at least two forms of severe epilepsy that don’t respond to other anti-seizure medications. Preliminary research also suggests that CBD may reduce anxiety, control pain due to inflammation and neuropathy, and treat insomnia. Research also indicates that CBD can reduce cravings for addictive substances.
Although we’re a long way off from clinical applications, it’s easy to see the potential benefits of CBD-infused food or beverages. A cup of CBD-infused tea before bed could help you fall asleep and stay asleep and probably do it better than a nightcap since alcohol is known to disrupt regular sleep patterns. CBD-infused gummies or chocolates could be used to stave off chronic pain or reduce social anxiety without any inebriating effects.
People could get many of the benefits of cannabis products while still being able to legally drive or pass a drug test. In the same way that caffeine is used as a common pick-me-up, CBD-infused food and drink could become a common chill-me-out.
Changing CBD Regulations & the CBD-Infused Food Rush
In 2018, hemp and hemp-derived products were removed from the definition of marijuana by the Farm Bill, as long as they contain less than 0.3% THC. This made CBD legal at the federal level when it’s derived from hemp plants, though it’s still illegal when it’s derived from cannabis plants.
This represented a big step toward legalizing CBD products under federal law. It meant that hemp-derived CBD products were no longer a problem for the U.S. Drug Enforcement Agency (DEA).
In the wake of this change, news headlines trumpeted the “legalization” of CBD-infused foods in as many as 15 states. The industry was abuzz with potential CBD-infused food market trends.
But the legalization of hemp-derived CBD was a “big step” that many people confuse with “the final step.” There’s still a huge obstacle to the legal sale of CBD-infused foods and beverages: food safety regulations.
CBD: Drug vs Food Additive
The 2018 Farm Bill made sure that low-THC hemp-derived CBD was no longer classified as an illegal drug. But it did not make them legal as a food additive.
All food products sold in the U.S. must comply with Food and Drug Administration (FDA) regulations that apply to added substances. So while it’s theoretically legal to buy CBD oil and add it to your own food or beverage, adding CBD to food commercially is definitely illegal.
For this to change, the FDA would have to approve CBD as a food additive. But food additive petitions take more than 6 years to approve even if they’re already backed by robust safety data. And the data for CBD-infused food safety doesn’t yet exist.
The good news is that the FDA has indicated it’s at least thinking about it. In 2023, they announced that they were considering a “new regulatory pathway” for foods, beverages, and supplements containing cannabidiol. But this could take years, and they’ll need the cooperation of the U.S. Congress. Yikes.
State-Level CBD Regulations
So. Manufacturing and selling CBD-infused food products is currently illegal at the federal level. But the same is true of all cannabis products, and those markets are exploding in 37 states and rising.
So CBD-infused foods are just in a gray area like cannabis, right?
Here’s the problem. In 37 states, cannabis products are explicitly legalized under certain conditions. The same can’t be said when it comes to CBD-infused food regulations.
Many states have passed regulations that apply to “CBD products” for “human consumption.” People often mistake this as the legalization of CBD-infused foods, but the language actually refers to regulating CBD as a drug. These states have legalized things like CBD oil, not CBD tea.
In fact, states like Florida and Louisiana explicitly banned adding CBD to foods and beverages when they legalized CBD sales. In Louisiana, CBD is even illegal in less-regulated “cottage foods.”
Only one state explicitly allowed the production of CBD-infused foods: Maine. CBD-infused foods and beverages may be legal as long as the hemp is grown, processed, added to food products, and sold to the customer without having to leave the state.
Of the remaining states, most left the language vague – they don’t address the use of CBD in food or beverages at all. This is not the same as having a legal market.
The Legal Future of CBD-Infused Foods
In a decade or so, it seems likely the FDA may make a ruling on CBD as a food additive. Once that happens, the CBD-infused food market will be a gold rush.
But the nearer future of CBD-infused foods is incredibly murky. The DEA has agreed to leave cannabis products alone based on state law, but the FDA hasn’t made a similar promise for CBD-infused foods.
It’s possible that other states will take up Maine’s willingness to allow CBD. If and when this happens, making or selling CBD-infused foods in those jurisdictions will be a smaller risk. The best bet would probably be foods and beverages prepared for on-site service in restaurants or bars because those food products are less scrutinized by the FDA.
Then there’s the argument that FDA regulations are only as robust as their enforcement, and the FDA is notoriously stretched thin. But at that point, you’re gambling on legal consequences, and there’s no guarantee.
Even large industry players aren’t ready to take the risk. Drink company Molson Coors announced that it was dropping CBD-infused product development due to the legal quagmire.
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While we wait for CBD-infused food regulations to catch up to demand, there’s plenty of money to be made in legal cannabis markets. Our Responsible Cannabis Vendor Training is ANAB-accredited and completely online for your convenience.
You’ll learn about the regulating bodies that affect the cannabis industry, how different types of cannabis products affect users, how to check ID to prevent underage sales, and how to recognize and safely handle impaired customers.
