California Passes CBD Law That Conflicts With FDA Guidance
Governor Gavin Newsom recently signed California Assembly Bill 45 (AB 45) into law, which, among other things, allows hemp-derived cannabidiol (CBD) to be included in any food, beverages, and dietary supplements sold in California. This is not only a break from California’s prior position prohibiting CBD from being included in such products even as the State began to tax and regulate its cannabis industry, but it is also in stark contrast with the U.S. Food and Drug Administration’s (FDA’s) current position on the issue. Unless and until FDA changes its guidance prohibiting CBD-infused food, beverages, and dietary supplements sold in interstate commerce, laws like California’s will continue to add to a confusing and contradictory regulatory landscape. Thus, food and beverage companies should ensure they carefully monitor state developments on this issue, which may be inconsistent with federal law and guidance.
As we have previously discussed in our Tobacco Law Blog, the Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized “industrial hemp” (a term used to refer to strains of the plant containing less than 0.3% delta-9 tetrahydrocannabinol (THC)) and its derivatives by removing hemp from the list of federally illegal controlled substances. While this watershed law legalizes the production of hemp, and by extension hemp-derived CBD, it does not regulate processed hemp-derived CBD products, such as CBD-infused food and dietary supplements. Rather, the law preserved FDA’s authority to regulate processed hemp products under the Federal Food, Drug, and Cosmetic Act (FD&C Act).
In response to FDA’s inaction on formal regulation of CBD, Congress is considering legislation that would allow CBD to be used in food, beverages, and dietary supplements and require FDA to establish regulations. The success of the legislation remains uncertain, and states have stepped in to fill the void.
In the latest example of state action on CBD-infused products, California Assembly Bill 45, among other things:
- Affirms that food, beverages, and dietary supplements sold in California are not adulterated by the inclusion of “industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp,” and therefore, not in violation of the state analogue to the FD&C Act, the Sherman Food, Drug, and Cosmetic Law;
- Prohibits manufacturers, distributors, or sellers “from including on the label, or publishing or disseminating in advertising or marketing, a health-related statement, as defined, that is untrue in any particular manner as to the effects on health of consuming products containing industrial hemp or cannabinoids, extracts, or derivatives from industrial hemp;”
- Requires the Department of Cannabis Control to prepare a report to the governor and the legislature, outlining the steps necessary for the incorporation of hemp products into the cannabis supply chain;
- Prohibits the manufacture and sale of inhalable products (not further defined) until a tax is enacted, except for the sole purpose of sale out of state;
- Prohibits the manufacture or sale of hemp products that include more than 0.3% of any THC, including delta-8 and delta-10 THC; and
- Requires the Department of Food and Agriculture and the State Department of Public Health, in consultation with the Department of Cannabis Control, if necessary, to develop a process to share license, registration, cultivar, and enforcement information to facilitate compliance and enforcement against unlicensed manufacturers or the sale of hemp that does not meet specified requirements, exempting communications shared between these agencies and local law enforcement for this purpose from the California Public Records Act.
Some details of AB 45 are similar to the policies of other states that explicitly permit the sale of CBD products, and other details are quite different. Notably, AB 45 has drawn criticism from some hemp industry groups in California due to its prohibition on the manufacture or sale of inhalable, or smokable, hemp products in California until the legislature establishes a tax on such products.
The uncertain legal landscape related to CBD-infused food, beverages, and dietary supplements leaves companies in this market navigating choppy waters, contending with detailed state requirements that may be inconsistent with each other and with federal laws and guidance.
Stephen specializes in state Attorneys General investigations and other government entities, as well as litigation.
Where to Buy CBD Oil in California? Hemp Oil Laws & Legality (2022)
The short answer is yes. It’s perfectly legal to buy CBD oil sourced from hemp and marijuana in California.
However, things get a little bit murky when it comes to CBD-infused foods and beverages.
This guide helps you understand the CBD laws in California on both a state and federal level.
We’ll also teach you tips to follow when buying legal CBD and where you can buy premium-grade CBD products.
Where to Buy CBD in California?
CBD is readily available online and in-store.
If you’re after more perks, it’s better to buy CBD online. There’s a much wider variety of CBD products and brands available online than at your local dispensary. You can also find plenty of bonuses and deals available when you shop online.
Be careful when buying online, especially since CBD’s popularity also caused an increase in substandard CBD products.
What to look for when shopping online:
1. Look for the Product’s COA
The CBD oil’s certificate of analysis or COA is proof that the manufacturer cares for its consumers and follows the rules and regulations set by federal and state laws.
The laboratory report shows you not only the oil’s potency but also its safety and purity.
Avoid CBD products without COAs. Products not tested by a reputable third party might contain contaminants and may not be safe for consumption.
2. Avoid Brands That Make Too-Good-to-Be-True Claims
Avoid CBD brands that market themselves as the panacea for all types of diseases and medical problems.
Similarly, avoid brands, too, that sell very cheap CBD products.
Not only are these signs of unscrupulous manufacturers, but these are red flags that they’re only after your money.
CBD helps relieve many symptoms, but it’s not a magic pill that cures all.
More importantly, producing premium-quality CBD products takes a lot of money — from cultivation to transportation of the finished products. Brands that sell cheap CBD products are, more often than not, employing substandard practices and processes.
3. Read Reviews
To really get to know a CBD oil and its manufacturer, you have to read reviews.
Reviews made by real consumers are found not only on the manufacturer’s website but on social media sites, forums, and prominent cannabis blogs as well.
Stay away from CBD brands and products that earned many negative reviews.
Royal CBD – Full Spectrum
- Rated #1 for overall
- Highest quality hemp oil on our list
- 100% organic, free of pesticides, and artificial ingredients
- Established brand with 24/7 customer support
- 30-day 100% money-back guarantee
- Sourced from US-grown organic hemp
- Contains full-spectrum CBD
- Up to 33 mg CBD/mL
- Great potency range for beginners
- Third-party tested for potency and purity
- Great honey flavor
What Type of CBD is Right for You?
You’ll encounter three types of CBD when buying CBD oil in California. You have pure CBD, broad-spectrum, and full-spectrum CBD oils.
They’re all similar in that they contain high CBD levels.
What makes them vastly different from each other is their cannabinoid and terpene content.
Pure CBD oil contains only CBD. It contains no traces of other cannabinoids and terpenes.
Broad-spectrum and full-spectrum CBD oils both contain cannabinoids and terpenes. However, broad-spectrum CBD oil is THC-free, while full-spectrum CBD oil has traces of CBD.
Of the three CBD varieties, we recommend full-spectrum CBD oils. The presence of THC amplifies the product’s entourage effect, with all cannabinoids and terpenes working together in making you feel better.
Recommended and Trusted CBD Retailers in California
We listed for you some of the best retailers in California based on their high ratings and number of reviews.
- Wonderland Marijuana Dispensary
- MedMen Los Angeles – Downtown Marijuana Dispensary
- URBN Leaf San Diego Dispensary
- Mankind Dispensary
- URBN Leaf Dispensary San Ysidro
- Airfield Supply Co
- Elemental Wellness Center
- MediThrive Cannabis Dispensary
- Barbary Coast Cannabis Dispensary
- Bloom Room
- Tiny Weeds
- Cloud Legends 420
- Fresno Hemp Co LLC
Is CBD Oil Legal in California?
Both hemp and marijuana produce CBD, and in California, both of these CBD sources are legal.
California is one of the most progressive states when it comes to marijuana. In 1996, the state voters approved Proposition 215, also known as the Compassionate Use Act. This gave patients diagnosed with debilitating health conditions access to marijuana for medical use.
A few years later, Senate Bill 420 was signed into law, establishing the state’s current medical card system. This gave registered patients protection when buying, possessing, and using medical marijuana.
While these gave safe access to medical marijuana, residents with minor health issues are left out. The only way they can obtain medical marijuana is by joining the state’s program and getting a medical card or doctor’s recommendation.
The 2018 Farm Bill finally gave Californians legal access to hemp-derived CBD products. On a federal level, this bill allowed the cultivation and use of industrial hemp and all its parts, provided that hemp was produced in compliance with federal laws and contains no more than 0.3% THC level.
California then aligned its laws with the federal government and allowed its residents access to CBD.
However, in compliance with federal laws, California also currently prohibits the use of hemp-derived CBD in foods and beverages. Technically, this means that the state prohibits edibles containing CBD sourced from industrial hemp.
Soon after the 2018 Farm Bill, the state introduced AB 228 in 2019, but the attempt to pass the bill was delayed partly due to the COVID-19 pandemic. Had the bill pushed through, this would have legalized the use of hemp-derived CBD in foods, beverages, and even cosmetics.
Hemp-derived CBD edibles may be illegal in the state, but this didn’t stop retailers and cannabis shops from selling the product. Moreover, the state also isn’t that strict in enforcing the ban.
Edibles containing marijuana-derived CBD are allowed under state law and can be used for medical and recreational purposes. The state legalized recreational marijuana in 2016 for adults over 21 years of age when voters approved Proposition 64.
Under federal law, marijuana and all its forms are illegal and considered a controlled substance. This includes CBD extracted from marijuana.
Do You Need a Prescription to Buy CBD Oil in California?
No. Prescriptions, recommendations, or doctor’s letters aren’t needed when you buy hemp-derived CBD oil in California.
You can also buy marijuana-derived CBD oil even without a doctor’s prescription or recommendation. The state’s recreational marijuana laws allow you to buy marijuana if you’re of legal age.
Do You Need a Medical Card to Buy CBD Oil in California?
No. You also don’t need to obtain a medical card to buy hemp-derived CBD oil in California. Just see to it that it’s from industrial hemp and has no more than 0.3% THC.
You also won’t need a medical card to buy marijuana-derived CBD oil. Again, the state’s recreational marijuana laws give you access to buy one.
However, you’ll benefit more if you’re a registered patient with a valid medical card. Compared to recreational users and non-registered patients, cardholders are given access to legally buy, possess, use, and grow more marijuana for medicinal purposes. The card also offers you protection from the law.
Additionally, being a medical marijuana cardholder also gives you sales and use tax exemptions, although you still have to pay for excise tax.
Is CBD Legal in California for Minors?
The 2018 Farm Bill gives people of all ages access to hemp-derived products. However, for use with a minor, we recommend speaking with his pediatrician or a medical cannabis doctor first.
As for marijuana-derived CBD oil, minors under the age of 18 must have parental approval and a doctor’s recommendation to get a medical card. Once verified, the primary caregiver manages the use of medical cannabis on the minor.
Is Traveling with CBD Legal in California?
You won’t encounter legal problems when traveling with hemp-derived CBD oil within the state or when crossing state borders.
Traveling with marijuana-derived CBD oil within California should also be fine, especially if you have a medical card.
Don’t cross state borders with any type of marijuana-derived products or CBD products containing higher than 0.3% THC.
Marijuana remains federally illegal. Industrial hemp containing more than 0.3% THC is considered marijuana and is, therefore, prohibited.
Is Marijuana Legal in California?
Yes. Medical and recreational marijuana is legal in California.
Medical marijuana was legalized in 1996, while recreational marijuana was legalized in 2016.
Patients (may they be registered or not) and adults over the age of 21 have safe access to legal marijuana. All you need is to present your medical marijuana card or a valid ID when buying weed in California.
As mentioned earlier, registering in the state’s medical marijuana program and availing of a medical card gives you several advantages.
How Much Marijuana Can I Buy or Grow?
Registered medical marijuana patients are allowed to possess up to eight ounces of usable marijuana. However, if this limit isn’t enough for his medical condition, then he’s allowed to possess the marijuana amount consistent with his medical needs — provided he has a doctor’s recommendation, of course.
The state also allows cardholders to grow the number of marijuana plants they need for their medical problems. Local ordinances have the right to ban or limit the number of plants for medical cultivation, so always check your local laws before growing marijuana plants.
As for adult use, residents of legal age can buy and possess up to one ounce or 28.5 grams of usable marijuana and up to 8 grams of marijuana concentrates. They’re also allowed to grow up to six plants for personal use.
Is Smoking Marijuana Legal in California?
Smoking marijuana for medical and recreational use is legal in California.
Smoking in public is prohibited and considered a petty offense with a hefty fine of $100 to $250.
What are the Types of Marijuana Allowed in California?
The marijuana forms allowed in California include smokable flowers, vapes, cannabis-infused edibles, concentrates, oils, tinctures, and topicals.
Of note, hemp-derived CBD edibles and topicals are technically still illegal, but the state isn’t that strict in enforcing the rules.
When Did California Legalize Marijuana?
California legalized medical marijuana in 1996 and recreational marijuana in 2016, but its sales only began in 2018.
There is high hope that AB 228 will finally push through in 2021. If it does, it will fully legalize CBD and allow it in foods and beverages.
Final Thoughts — Buying CBD in California
It’s legal to buy CBD oil in California, may it be extracted from hemp or marijuana.
Residents can buy hemp-derived CBD oil even without a doctor’s recommendation or a medical card. When buying legal CBD oil in California though, make sure that it’s hemp-derived with no more than 0.3% THC.
As for marijuana-derived CBD oil, it’s accessible to both registered and non-registered patients. For registered patients, they have to present their medical card, and for non-registered patients, they’ll need a doctor’s recommendation or a valid ID.
Choose your CBD oil wisely, and make sure the product comes with a laboratory report to show its quality. Make sure to read reviews as well and only buy from trusted brands.
Nina created CFAH.org following the birth of her second child. She was a science and math teacher for 6 years prior to becoming a parent — teaching in schools in White Plains, New York and later in Paterson, New Jersey.
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Buy CBD Tincture In California
Tinctures are made in all sorts of ways, but at Dad Grass, our Classic Formula CBD Tinctures are made from the same CBD-rich 100% Organic Dad Grass hemp flower you’ll find in our joints. We are here to help you buy the best CBD tincture in California online. It’s an easy, everyday, anytime, anywhere recipe that celebrates the mellow goodness of the whole cannabis plant. You might just call it Dad Grass In a Bottle. We do.
What is a CBD Tincture?
CBD tinctures have been around for almost as long as humans have and are one of the main pillars of traditional herbal medicine. Pure CBD tinctures, including hemp and marijuana tinctures, are highly concentrated extracts of the medicinal components of plants. These extracts are usually made by soaking the bark, berries, leaves, roots, or flowers (dried or fresh) of plants in alcohol, vinegar, or oil. While the word “tincture” traditionally refers to a formula where alcohol, vinegar, or oil is the primary solvent, it can also refer to the larger category of concentrated liquid products derived from plants like cannabis. Dad Grass Full-Spectrum 1200mg CBD Tinctures are fully oil-based, so we use the word “tincture” in the latter sense
What are Tinctures Specifically?
An herbal tincture is created by extracting components from a plant—in this case, the cannabis plant—using a mixture of alcohol and water. Dad Grass Organic CBD tinctures contain highly concentrated extracts of full-spectrum hemp oil blended with organic MCT oil.
What Are The Benefits of CBD Tinctures?
When taken daily, there are dozens of CBD oil benefits that have been known to help people achieve and maintain a state of overall well being. Here are the top benefits of using cannabis tincture drops:
1. High CBD strains of hemp allow users to keep their minds sharp and focused for whatever comes their way.
2. CBD tinctures promote relaxation of the mind and the body.
3. Daily use of tinctures helps to keep aches and discomforts at bay.
4. CBD tinctures are also proven as an effective sleep aid.
How to Use a CBD Tincture
The best way to experience the full benefits of a Dad Grass Tincture to help relieve anxiety or ease pain is to take it sublingually. All you have to do is place your desired number of drops under the tongue and wait about 30 seconds before swallowing. This way, the arterial blood supply under your tongue will rapidly absorb the high CBD strains of hemp. We recommend first-timers start out low and slow with one half to one full dropper (about 1ML). Just remember, you can always add additional drops in a half-hour if you want to enjoy deeper levels of chill.
Types of CBD Tinctures
There are three main types of CBD tinctures that you’ll hear about:
1. Isolate (CBD)
CBD isolate includes only pure CBD and no additional cannabinoids, terpenes, or beneficial fatty acids from the plant. It is created using the same extraction method as other CBD tinctures. The difference is that after the cannabinoids have been extracted, the CBD is filtered away. It is subsequently subjected to a cooling process known as winterisation, which eliminates any other chemical components.
2. Full Spectrum CBD Tinctures
Full-spectrum CBD tinctures contain CBD as well as all of the other cannabinoids (including THC), terpenes, and fatty acids found naturally in hemp plants. It is also known as a whole or full-plant extract. None of the other naturally occurring compounds are removed during the extraction process and filtration, allowing you to gain some of the beneficial effects of the entourage effect. While full spectrum CBD does have THC, it does not contain enough THC to get you high (less than 0.3%).
3. Broad Spectrum CBD Tinctures
Broad Spectrum CBD tinctures are a middle ground between CBD isolates and Full-spectrum CBD. It contains CBD and all other naturally occurring plant compounds except THC. It follows the same extraction procedure as others, however, THC is eliminated from the extract during the final stages of processing.
CBD Tincture vs. CBD Edible—Which is Better For Me?
When asked about their experience with CBD (both edibles and tinctures), many users will cite the exact same thing: relief. The only difference between tincture vs edible is the time taken to kick in. Edibles must travel through the body’s digestive system to then be metabolized and released into the bloodstream. This is why edibles like gummies can have a bioavailability of between 4 to 20%. On the other hand, tinctures can have a bioavailability of between 40 to 50% when taken sublingually. If you are looking for immediate results, tinctures are the best choice for you.
Q. Can I buy CBD from California?
A. Yes, you can buy CBD from California provided that you are 21 or older and can show a valid ID.
Q. Is CBD legal in California 2021?
A. It is legal to buy CBD in California if it is derived from hemp plants. Hemp contains less than 0.3% THC which is the federal limit.
Q. How much does a bottle of tincture cost?
A. CBD tinctures range in price from $0.04 and $0.05 per mg up to $0.20 per mg. Dad Grass 30ml CBD tincture containing 1200mg of the cannabinoid is priced at $65.
Q. How do I buy a CBD tincture?
A. You want to buy a CBD tincture that contains less than 0.3% THC and is third-party lab tested for purity and potency. Go for hemp-derived full spectrum tinctures to maximize the effects of CBD.
Q. Where do I buy a CBD tincture?
A. There is a range of high-quality, third-party tested CBD tinctures available on the market both online and in brick and mortar dispensaries or retailers.
Q. What concentration of CBD tincture should I buy?
A. In a 1200mg CBD tincture that comes in that same standard 30ml bottle, a full dropper contains about 40mg of CBD. Everybody is different, so you’ll need to do some experimenting to find your perfect dose. If you are a beginner, start low and slow and work your way up to your desired experience.
Q. Where do I buy a high-quality CBD tincture?
A. Dad Grass CBD Tinctures are formulated from 100% Organic hemp flower, responsibly grown right here in the USA. Full-spectrum. High in CBD and rich with terpenes. No herbicides or pesticides. No solvents or chemicals. And always verified by reputable third party labs.
Q. How do I choose a CBD tincture?
A. When buying a CBD tincture, look for lab reports, online reviews, and brand transparency to make sure you get high-quality products. We recommend selecting a full-spectrum hemp extract, as it contains the complete array of cannabinoids, terpenes, and flavonoids that exist in the plant.
Q. Is a CBD tincture the same as CBD oil?
A. While the word “tincture” traditionally refers to a formula where alcohol, vinegar, or oil is the primary solvent, it can also refer to the larger category of concentrated liquid products derived from cannabis.
Q. What is the strongest CBD tincture you can get?
A. Dad Grass 1200mg full-spectrum CBD tincture is one of the most potent tinctures available online.
Q. What form of CBD is most effective?
A. Smokable hemp is one the the oldest, most effective and fastest ways to experience the full spectrum of benefits of the plant. When you smoke CBD, you should feel those effects within minutes. When taken sublingually, CBD oil is absorbed directly into the bloodstream. While it takes a little longer to feel the effects (between fifteen and thirty minutes), consuming CBD in a tincture form means you’ll feel those effects for longer. When it comes to gummies, digesting CBD means those effects will take longer to manifest, but will hang around in the body the longest. With CBD, it’s all about experimentation.
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