CBD Food Products and the Law
A major concern with many people regarding CBD products is the legality of CBD, especially when it comes to food. Since such products should be regulated by the Food and Drug Administration (FDA), producers, merchants, and consumers should be aware of what is and is not allowed according to the FDA.
First and foremost, the FDA contends that CBD is a drug. The fact that CBD is considered a drug does not affect the legality of the substance itself – aspirin is a drug you might use on a daily basis and is perfectly legal. The legality comes into play when food is involved. According to the FDA, “[it] is prohibited to introduce or deliver for introduction into interstate commerce any food … to which has been added a drug[.]” According to this, CBD cannot legally be added to a food and then sold just as you couldn’t legally add aspirin to a food and sell it.
It is illegal to add pure CBD extract to food due to its categorization as a drug. However, hemp oil with naturally occurring CBD is not considered to be a drug by the FDA. Because of this, it can be added to food products and be sold without issue. Since CBD Fore Golf products use hemp oil with naturally occurring CBD, they are perfectly legal.
Why is a substance that contains a drug legal to add to food when the drug itself cannot be? As with many legal battles, the specific language used in the writing of the law is what determines whether or not something is legal. In this case, since hemp oil that contains naturally occurring CBD is not considered to be a drug by the FDA, it can be added to food and sold without repercussions.
Now, why the FDA has declared pure CBD a drug and hemp oil as not is another conversation entirely, but as long as products are infused with hemp oil instead of pure CBD, there are no legal issues.
See Phil Mickelson taking CBD at the Masters below!