6. Am I allowed to sell or use at my ABC-licensed premises CBD or CBD products derived from industrial hemp?
No. The California Department of Public Health, Food and Drug Branch, has issued a memorandum (dated July 6, 2018) detailing the legal status and use of cannabidiol (CBD) oil or CBD products in food, which includes alcoholic beverages. This memorandum states, in part:
“Currently, the United States Food and Drug Administration (FDA) has concluded that it is a prohibited act to introduce or deliver for introduction into interstate commerce any food (including any animal food or feed) to which tetrahydrocannabinol (THC) or CBD has been added. This is regardless of the source of the CBD – derived from industrial hemp or cannabis. Therefore, although California currently allows the manufacturing and sales of cannabis products (including edibles), the use of industrial hemp as the source of CBD to be added to food products is prohibited. Until the FDA rules that industrial hemp-derived CBD oil and CBD products can be used as a food or California makes a determination that they are safe to use for human and animal consumption, CBD products are not an approved food, food ingredient, food additive, or dietary supplement.” “Food” includes “drinks,” such as alcoholic beverages.
ABC licensees may not manufacture, produce, or sell CBD or CBD products, or any products that contain CBD. It does not matter if the CBD comes from industrial hemp or from cannabis. This also includes nonalcoholic beverage products and edibles. It is thus prohibited for an ABC licensee to use CDB or CBD products, regardless of source, in the manufacture or production of any alcoholic beverage, including using it in mixed drinks or cocktails.
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