State of the U.S. CBD Food Market (2023)
— Insights into the constantly changing landscape of CBD in food.
boam conducted a survey into consumer opinions, alongside an analysis of 20,000 restaurant reviews for mentions of CBD. The research team also concluded a comprehensive review of the current regulatory landscape of CBD use in food.
Report Summary
CBD, or cannabidiol, was spotlighted in the U.S. market after the passing of the 2018 Farm Bill, which, on a federal level, legalized the production of hemp and removed it from the definition of marijuana under federal law. Shortly thereafter, CBD was hailed by chefs as one of the most popular restaurant food and beverage trends of 2019. However, instead of materializing, the CBD trend appears to have faded into the background of the food industry since its post-Farm Bill peak…
To investigate why, boam conducted a consumer survey to find out if a lack of demand for CBD food products could have been behind this. Instead, the survey results revealed a majority openness across the country: more than half of Americans were open to CBD food products. Furthermore, more than a third of respondents were contemplating trying CBD food products for the first time when they were surveyed.
In this research, boam also dove into restaurant data to find out how many food businesses had CBD-related menu offerings in line with the high sway toward consumer openness and demand found in the survey results. A sample of 20,000 restaurants, bars, and cafes was analyzed, specifically looking at their Yelp and Google reviews for mentions of CBD food products. From this sample, only a small number of 44 (0.22%) had 3 or more mentions of CBD in their reviews. This figure did not seem to align with the strong consumer demand suggested in the survey results.
The issue behind CBD’s apparent fade into the market was not because consumers didn’t want it, which led the research team to conduct an in-depth review of CBD legislation across the U.S. to determine if current federal or state regulations may be a contributing factor. This detailed research found that although CBD food products are banned at a federal level, state regulations are extremely varying in terms of restrictiveness.
Some state authorities, such as Indiana, Maine, and Vermont, have made specific legislative provisions regarding CBD use in food. However, others (like Florida, Massachusetts, and Mississippi) have based their regulations on federal guidelines, banning CBD food products.
After careful analysis, the research and review concluded that to allow restaurants, retailers, and food vendors to meet the overall strong demand for, and openness to CBD food products, a more encompassing regulatory framework is required from both federal and state authorities. This framework should balance consumer desire for CBD food products with management techniques that reduce the risks also associated with the substance. This includes increasing safety in terms of labeling and packaging requirements, as well as emphasizing age restrictions on CBD-containing products.
Restaurant Intelligence Platform, boam has conducted a new consumer-related survey of 1,000+ adults across 50 states and Washington D.C., creating intriguing insights into the evolving U.S. CBD food market:
- Overall, an average of 68% of Americans were open to CBD food products.
- 19 states, as well as Washington D.C., emerged with CBD openness figures higher than this national average of 68%.
- 27 states were below and 4 were on par with this average.
- Washington D.C. had the highest percentage (92%) of people who were open to CBD food products.
- Florida was the only state in which most people were not open to these products.
- The age groups 25 - 34 years old, and 35 - 44 years old were the most open to CBD food products.
- Red states were ever so slightly more open (69%) to CBD food products, as compared to Blue states (67%).
- States in the South (69%) were the most open to CBD food products, while those in the Northeast were the least open (66%).
- Unemployed respondents were slightly more open (72%) to CBD products, as compared to employed respondents (68%).
Rise of the CBD Food Market
Let’s talk canna-business. CBD has been widely discussed in recent news after the FDA declined the regulation of CBD in food, and as a dietary supplement. Derived from either hemp or non-hemp plants, cannabidiol is non-impairing and does not cause the high brought on by the psychoactive properties of its comparatively better-known relative: THC, or tetrahydrocannabinol. CBD users claim many benefits to using the substance including relief from pain, inflammation, depression, anxiety, and sleep disorders.
The CBD market quickly expanded after the implementation of the 2018 Farm Bill, due to a combination of then-current consumer trends, including the herbal supplement boom and the spread of marijuana legalization. In the restaurant industry, CBD- and cannabis-infused products were even selected by chefs themselves as one of 2019’s hottest restaurant trends. CBD food products rose higher to fame during the pandemic, during which many people tried ways to alleviate lockdown-induced stresses. From gummies, lollipops, and fizzy drinks, to ingestible oils and tinctures, there was, and is still, a broad spectrum of cannabidiol-containing products available on the U.S. market.
In 2020, the CBD market size exceeded $4 billion and accounted for $6.1 billion in 2021. In 2022, the market was valued at $9.7 billion and is expected to reach over $16 billion by 2025.
Current CBD Regulatory Landscape
Despite the expansion of the CBD market, it should be noted that the current regulatory landscape related to the substance is complex, especially when it comes to its use in food. Under the Federal Food, Drug, and Cosmetic Act (FD&C Act), it is illegal to introduce food into interstate commerce if it contains an additive that is an active ingredient in an approved drug product, or a substance for which substantial clinical investigations have been conducted and made public. These substances also fall outside of the statutory definition of a dietary supplement.
In June 2018, the FDA approved the drug Epidiolex, which contains the active ingredient, CBD. Therefore, based on this approval, as well as the existence of previous CBD clinical investigations, it may not be marketed as a dietary supplement and CBD-containing foods may not be introduced into interstate commerce. The FD&C Act states that there is only an exception to this regulation if the drug was marketed in foods or dietary supplements before its approval, and before it underwent substantial clinical investigations. The FDA concluded that this exception does not apply to CBD.
The FDA states that it is prohibited to introduce any CBD-containing food products into interstate commerce. However, CBD can be sold on its own. According to the FDA, the passing of the 2018 Farm Bill had led to a misperception that all hemp-containing products, including CBD, were legal to sell and purchase interstate when this was not the case. The FDA asserts that only certain hemp products may be legally marketed in human food, provided all ingredients comply with applicable laws and regulations. At present, there are only three hemp seed-derived food ingredients that are generally recognized as safe (GRAS) under the FDA: hulled hemp seed, hemp seed protein powder, and hemp seed oil.
CBD Consumer Survey Insights from boam
Restaurant Intelligence Platform, boam, surveyed more than 1,000 U.S. adults (aged 18+) across 50 states, as well as Washington D.C., to determine their feelings toward CBD use in food at a time when laws and regulations are uncertain. The survey discovered that overall on a national scale, more than 2 in 3 (68%) Americans were open to the idea of CBD food products, while 32% felt the opposite way. In the below Fig. 1, this national average is represented by the vertical yellow line.
A total of 19 states, as well as Washington D.C. emerged with CBD openness figures higher than the national average. A total of 27 states emerged below and 4 states were on par with this average figure.
Ranked in 1st place, Washington D.C. had the highest percentage (92%) of open respondents. Comparatively, Florida had the lowest openness rate (54%), making it the only state in which the majority were not open to CBD use in food. This was particularly interesting considering The Sunshine State is among a select number of states that permits CBD use in food products.
Attitudes Towards CBD Use in Food
When the survey responses were further analyzed, over a third of respondents (34%) were thinking about trying CBD food products, while more than 1 in 5 people (22%) had tried these products before and would do so again. Almost 1 in 10 (8%) respondents regularly consumed these products, while they formed part of 3% of respondents’ everyday lifestyle. On the other hand, nearly 1 in 10 (8%) had tried CBD food products but would not do so again, while 1 in 4 (25%) said they would never try CBD in food.
Age
The age groups that were most open to CBD food products were: 25 to 34 years old, and 35 to 44, with a 72% openness rate in each group. Comparatively, the eldest age group (54 years old and over) was the least open to CBD food products, with an openness rate of 51%. The remaining age groups (18 to 24 years old, and 45 to 55 years old) had openness rates of 67% each.
Male vs. Female
Both men and women appeared equally as open to the idea of CBD products, with openness rates of 68% each.
Recreational Cannabis Legality
When it came to comparing state CBD openness rates according to the status of cannabis legality, locations in which recreational cannabis use was legal had a slightly higher (69%) openness to CBD food products, as compared to places in which recreational cannabis use was illegal.
Red vs. Blue States
Further analysis of the survey results found that Red states were ever so slightly more open (69%) to CBD food products, as compared to Blue states (67%).
Census Region
It was also found that the South was the region with the highest CBD openness rate (69%), while the Northeast had the lowest (66%). Comparatively, the West region had a 68% CBD openness rate, while the Midwest emerged with 67%.
Employment Status
When comparing the responses by employment status, respondents who were unemployed had a higher (72%) openness to CBD food products, as compared to those who were employed.
Income level
In terms of income level, respondents earning in the lower-income category were most open (69%) to CBD food products, followed by those in the high-income category (68%), and lastly, those earning in the middle-income tier (67%).
’We assumed that a lack of consumer interest was the reason why CBD didn’t seem to transform into one of the most popular restaurant trends in 2019 as chefs predicted. However, the above survey results proved this untrue, instead showing that many people were open to, and interested in trying CBD food products if they hadn’t already in the past.
These insights led our research team to conduct the following review of laws related to CBD use in food, revealing an intriguing, yet confusing, regulatory state.’
Daniel Petz, CEO & Co-Founder of boam
CBD in the Restaurant Industry
2018 Farm Bill and CBD’s Rise to Fame
Soon after the implementation of the 2018 Farm Bill, America’s CBD industry experienced a boom, with CBD-infused products popping up throughout the mainstream market, seemingly overnight. The rise in popularity may be attributed to a confluence of consumer trends at the time, namely the herbal supplement boom; the rise of the anxiety economy; and the spread of marijuana legalization. The increasing demand for CBD interlocked with Americans’ interest in health-promoting ingredients and at first, these CBD-infused products were mainly wellness-related, claiming insomnia- and stress-relieving properties.
The substance’s popularity was further heightened by usage during the pandemic, as many tried ways to alleviate the fear and stress associated with lockdowns.
Demand for CBD quickly heightened, and soon after, consumers were able to buy everything from CBD-containing burgers (courtesy of Carl’s Jr.), to dog treats, deodorants, and even hot sauce. CBD sales figures in 2019 reached $4.2 billion and in 2020, reached $4.7 billion. In 2021, CBD sales rocketed to $6.1 billion and $9.7 billion in 2022. By 2025, these figures are expected to exceed $16 billion.
The Restaurant Trend That Never Was
In the world of food and beverage, CBD- and cannabis-infused products were chef-selected as one of the hottest restaurant trends of 2019, with 3 in 4 chef votes. At the time, cannabis was illegal at the federal level (and still is), with just 10 states having recreationally legalized the substance. Therefore, some restaurateurs looking to hop on the bandwagon turned to private supper clubs featuring upscale dishes infused with CBD for canna-curious guests. Others experimented with the addition of CBD in beverages, such as lattes and mocktails.
The Coca-Cola Company hinted at their interest in the growth of CBD as an ingredient in functional wellness beverages around the globe. Ben & Jerry’s also issued a statement in May 2019, indicating their commitment to releasing a CBD ice cream variant as soon as it was legalized at the federal level.
Restaurant Data Analysis
boam delved into restaurant data to determine how many food establishments had introduced CBD to their menus or retail offerings in line with the popularity of the substance. This analysis looked at a sample of 20,000 restaurants, bars, and cafes, inspecting their Yelp and Google reviews for mentions of CBD. It was discovered that only 44 food establishments in the sample had 3 or more mentions of CBD in their reviews, which equates to just 0.22% of the sample.
This figure did not seem to align with the high consumer openness or demand indicated in the previous survey results, hinting at other possible reasons behind the CBD trend not having materialized in the food industry as predicted…
CBD Use in Food: A Legal Gray Area
While many businesses sought ways to incorporate CBD, some restaurant chains - particularly those that were publicly traded - largely erred on the side of caution by not adding CBD to their menus due to uncertain regulations. The haziness surrounding CBD legislation also kept larger retailers, such as Walmart and Target at bay when it comes to selling CBD products. Although many other retailers were angling for a bite of the booming CBD industry after the passing of the Farm Bill, major retailers were awaiting further clarification from the FDA on cannabis and CBD products.
It seemed the CBD food trend was quick to rise in popularity but did not continue into the following years with reasonable explanation: some state health officials, like New York and Maine, then announced a ban on CBD as a food additive, following FDA guidelines. To make matters more confusing however, regulations still permit CBD to be sold on its own (that is, not added to food products, but sold separately). This meant that any edible products that contained added CBD were prohibited and to comply with these bans, some businesses were forced to remove these products from their shelves. This might also explain why in 2023, Ben & Jerry’s promised frozen treat has yet to hit the market…
It is evident that CBD currently exists in a gray area when it comes to food products, with the FDA having recently denied regulation of the substance as a dietary supplement due to clauses under the Federal Food, Drug, and Cosmetic Act, or the FD&C Act. Under this act, it is prohibited to introduce food into interstate commerce if it contains an active ingredient in an approved drug product or a substance that has undergone substantial clinical investigations that have been made public. These substances do not fall within the statutory definition of a dietary supplement.
The FDA approved the drug Epidiolex in June 2018, which contains CBD as its active ingredient. Based on this approval, as well as prior clinical studies of the substance, CBD is not permitted to be marketed as a dietary supplement. Additionally, foods containing CBD may not be introduced into interstate commerce. An exception to the FD&C Act will only occur if the drug was marketed in foods or dietary supplements before its approval, and before the clinical studies took place. Therefore, this exception does not apply to CBD.
This lack of regulation from the FDA has left local state authorities with the duty of defining these gray areas at a time where CBD-containing food and drinks have never actually been approved. Despite the high interest and openness to the ingredient from consumers and producers, as well as advocates, CBD-infused products in the food and drink industry have largely failed to materialize due to federal regulations not allowing the ingredient.
FDA-Approved Cannabis-Derived Drug Products
Along with the fact that marijuana is still illegal under federal law, there has been an incredibly slow movement toward total legalization, leaving the FDA with little hard data available regarding CBD products to inform regulations. As it stands, the FDA has only approved one cannabis-derived drug product as previously mentioned (Epidiolex), as well as three cannabis-related products (Marinol, Syndros, and Cesamet) - all of which are only available with a prescription from a licensed healthcare provider.
Unsubstantiated Claims and the FDA’s Concerns
According to the FDA, the 2018 Farm Bill resulted in the misperception that all hemp-containing products, including CBD, were legal to sell and purchase interstate. This explained the flooding of the market with CBD-containing products at the time, including those making unsubstantiated health claims. According to the department, these products are both a violation of the law, as well as a risk to patient health.
Unscrupulous CBD-product providers came under fire from the FDA for selling items with dubious therapeutic claims, such as allegedly preventing, treating, or curing Alzheimer’s, among other health conditions. Another concern from the FDA was that laboratory analysis of some products revealed that they contained different amounts of CBD as compared to their labeling, or that they contained other substances, like THC.
While it may be argued that these unsubstantiated claims are a result of bad business practices, research has shown that inadequate regulation contributes to mislabeled CBD products, particularly in e-commerce. This research states that the online marketplace for CBD products has a high rate of mislabeled products, due to a lack of regulation standardization.
The Legality of CBD in Food: Mapped
The below map shows the legal status of CBD in food products across each state (as reviewed in March 2023), as well as Washington D.C.
CBD food is legal in 2 states and illegal in 24 states. In 22 states, CBD food products are legal with certain restrictions. In 3 states, however, CBD food regulations were unclear, thus, labeled accordingly.
State CBD Food Regulations and Conditions
The below table is a summary of current CBD food regulations and conditions in each state, as well as Washington D.C., showing how and where these guidelines vary between local authorities:
| State | CBD Food Regulations |
|---|---|
| Alabama | Hemp-derived CBD is legal in Alabama, provided the THC content is not more than 0.3%. CBD food products are illegal in Alabama and it is illegal to market CBD as a dietary supplement, as per the FDA. However, the Alabama Department of Public Health has permitted food establishments to sell food and beverages, allowing customers to add their own separately purchased CBD to their food or drink. On the condition that it is of legal strength, a food service establishment may have CBD separately available for consumer purchase. The ADPH has not taken action against food manufacturers that operate outside of Alabama, where CBD may be permitted. This is because the manufacturer does not fall under Alabama jurisdiction. |
| Alaska | Hemp-derived CBD is legal in Alaska, provided the THC content is not more than 0.3%. CBD food products are illegal in Alaska and it is illegal to market CBD as a dietary supplement, as per the FDA. |
| Arizona | Hemp-derived CBD is legal in Arizona, provided the THC content is not more than 0.3%. When it comes to CBD food products, regulations under the oversight of the FDA do not fall under the Arizona Department of Agriculture's regulatory oversight. |
| Arkansas | Hemp-derived CBD oil and other CBD products are legal in Arkansas, provided the THC content is not more than 0.3%. The Arkansas Industrial Hemp Act (2017) considers a CBD product legal if it satisfies at least one of the following: - FDA approved - Derived from industrial hemp, as per state legislation - THC content does not exceed 0.3% - Does not contain any living plant materials or hemp seeds According to Section 12C of Arkansas Hemp Program Rules, it is permitted to sell publicly marketable hemp products, which also encompasses extracted leaves or floral material, including cannabinoid extract and all products derived from extracts. The use of CBD in food products is still a gray area. The Arkansas Department of Health has issued guidance stating that it follows the FDA’s stance on CBD in food, prohibiting the substance as a food ingredient, additive, or dietary supplement. However, Arkansas Homemade Food Production Guidelines (2021) prohibit products containing hemp extract, CBD, THC, or other hemp-derived compounds, as per the FDA. These guidelines pertain only to homemade food products. |
| California | Hemp- and cannabis-derived CBD are both legal in California for medical and recreational use, as per Assembly Bill No. 45 (2021). This bill allows hemp-derived CBD to be included in food, drinks, and dietary supplements in California. It is illegal to market these CBD food products with untrue health-related statements. Food manufacturers of hemp-derived CBD products must register with the State Department of Public Health and be able to show that all parts of the plant used are from a state or country with an approved industrial hemp program. California's laws also allow cannabis-derived CBD edibles for both recreational and medical purposes. |
| Colorado | Hemp- and cannabis-derived CBD are both legal in Colorado. Due to the low THC content and non-intoxicating effects, any individual may consume hemp-derived CBD oil and there is no minimum age restriction on its consumption. Manufacturers of foods containing industrial hemp must be able to demonstrate that the hemp comes from an approved source, meets the THC threshold of no more than 0.3%, and conforms to the standard of identity established in statute. All hemp manufacturing operations in Colorado are regulated and inspected by the State Health Department’s Hemp Program, including the manufacturing, packaging, warehousing, and distribution of hemp products once the crop leaves the farm. This also includes extractions or additional processing, as well as the relabeling and repackaging of all industrial hemp-containing food and supplement products. |
| Connecticut | Cannabis products and hemp-derived CBD products are both legal in Connecticut. CBD products must contain no more than 0.3% THC. There are adult-use cannabis product THC limits: up to 30% for cannabis flower and up to 60% for other cannabis products. Those who intend on making hemp products intended for human consumption must apply for and receive a license through the Department of Consumer Protection. Licensed hemp manufacturers may produce CBD food products (alcohol has separate guidelines). |
| Delaware | Hemp-derived CBD is legal in Delaware, provided the THC content is not more than 0.3%. CBD food products are legal. Facilities producing edible marijuana products must ensure these products do not exceed 25mg of CBD per serving. Products must also be regulated and sold according to the CBD and/or THC concentration, and not by weight. |
| Washington D.C. | Hemp-derived CBD is legal in Washington D.C. provided the THC content is not more than 0.3%. No specific CBD laws have been authorized in Washington D.C., making the landscape a gray area when it comes to CBD use in food. |
| Florida | Hemp-derived CBD is legal in Florida, provided the THC content is not more than 0.3%. CBD food products are legal in Florida and retail vendors intending to sell CBD products for human consumption must have a food permit. CBD may be added to dairy products or milk on the condition that they are labeled as "Substitute Milk" or "Substitute Milk Products". It is only permitted to buy CBD oil with a THC content exceeding 0.3% from a licensed medical marijuana dispensary, which requires the possession of a medical marijuana card and a licensed physician prescription. |
| Georgia | Hemp-derived CBD is legal in Georgia, provided the THC content is not more than 0.3%. CBD as a food additive or dietary supplement is illegal as per the FDA, therefore, Georgia food establishments may not sell CBD foods or drinks. |
| Hawaii | Hemp-derived CBD is completely legal in Hawaii, provided the THC content is not more than 0.3%. Cannabis-derived CBD remains unregulated and is only available to those in possession of a medical marijuana card. CBD food and beverages are illegal in Hawaii. |
| Idaho | CBD is legal in Idaho, provided it contains 0% THC (no traceable THC) and is derived from one of the five identified parts of the cannabis plant. Aside from hulled hemp seed, hemp seed protein powder, and hemp seed oil, no cannabis or cannabis-derived ingredients are permitted for use in human food, which includes CBD. The Idaho State Department of Agriculture has also banned CBD and other hemp-derived products intended for pets and farm animals. These products are considered adulterated both federally and on a state level and were removed from Idaho shelves in 2022. |
| Illinois | Hemp-derived CBD is legal in Illinois, provided the THC content is not more than 0.3%. It must also be made in Illinois. Cannabis-derived CBD oil is available to those in possession of a medical marijuana card, who suffer from any of the qualifying medical conditions in Illinois. All CBD products, including foods, must have undergone lab testing, and must have the correct labeling, packaging, and minimum testing requirements as per the Department of Agriculture. |
| Indiana | Hemp-derived CBD is legal in Indiana, provided the THC content is not more than 0.3%. CBD food products are legal in Indiana. In 2018, lawmakers implemented strict labeling regulations for CBD products to help retailers, regulators, and consumers determine whether products contain acceptable amounts of THC. These regulations required scannable QR codes to be added to CBD products to meet labeling standards. The QR codes must direct the consumer to detailed information about the CBD product, including ingredients, an independent lab analysis, batch number, and expiration date. |
| Iowa | Hemp-derived CBD products are legal to be manufactured and sold in Iowa, provided the THC content is not more than 0.3%. Consumable hemp products may be sold at farmers' market stands, provided the market is listed on the farmers market directory by the Iowa Department of Agriculture and Land Stewardship. The seller must also maintain a valid consumable hemp retailer registration posted in clear sight. It is prohibited to market consumable hemp products with claims that they can be used to cure, treat, mitigate, or prevent disease. Food service establishments must disclose all label information to consumers through a menu, placard, or other effective means. |
| Kansas | As per the FDA, it is illegal to sell in interstate commerce any CBD food products, including gummies. It is also illegal to market CBD products as dietary supplements, or claim that they can diagnose, treat, mitigate, or prevent diseases. Some hemp products are illegal to sell in Kansas, regardless of THC content. These include teas, chew, dip, or other smokeless material, and any products intended for human consumption that contain hemp-derived ingredients prohibited by the Kansas food, drug, and cosmetic act. |
| Kentucky | Hemp-derived CBD is legal, provided the THC content is not more than 0.3%. CBD food products are legal in Kentucky, provided they do not contain more than 0.3% THC. Ingestible CBD products require the manufacturer or processor to be licensed, and products must meet labeling and lab analysis regulations. Finished cannabinoid products are regulated by the Kentucky Cabinet for Health and Family Services. Restaurants or food service establishments offering hemp-derived CBD in finished food products must provide detailed information to consumers upon request, including the product's manufacturer or distributor; the product's common name; and a statement that the product meets the federal legal limit of no more than 0.3% THC. |
| Louisiana | As per the FDA, it is prohibited to add any consumable hemp product to food or beverages sold at retail to consumers. Louisiana prohibits alcoholic beverages containing CBD. It is also illegal to sell any consumable hemp product without the correct license or permit. It is prohibited to market CBD products as dietary supplements. |
| Maine | Maine law says that food, food additives, and food products containing CBD are not considered adulterated based solely on the inclusion of hemp, or hemp-derived CBD. It is legal to sell edible CBD products as long as they meet labeling requirements, and do not contain more than 0.3% THC. Restaurant menus must also clearly note the addition of CBD, as well as the amount by weight, contained in the item. Food product labels, menus, advertising, and other related information must not make any health claims that CBD can treat, diagnose, cure, or prevent any diseases. CBD food products may not be imported from another state, as they are not covered by Maine law. Federal law prohibits CBD food products in interstate commerce. |
| Maryland | As per the FDA, it is illegal to introduce CBD food products into interstate commerce or to market CBD products as, or in, dietary substances (regardless of whether hemp- or cannabis-derived). It is also illegal for any establishments to manufacture, sell, or receive in commerce any food that is adulterated, which includes CBD food products. |
| Massachusetts | Hemp-derived CBD is legal, provided the THC content is not more than 0.3%. As per the FDA, CBD food products are illegal, therefore CBD may not be added to manufactured foods. |
| Michigan | Hemp-derived CBD is legal, provided the THC content is not more than 0.3%. Michigan has legalized the sale of CBD-containing food and additives within the state. This allows CBD to be added to dietary supplements, as well as food and beverages, as it explicitly specifies that the addition of CBD does not adulterate a product. Any hemp-derived product containing more than 0.3% THC is classified as marijuana and regulated through the Michigan Department of Licensing and Regulatory Affairs. |
| Minnesota | The sale of hemp-derived edible cannabinoid products is legal in Minnesota, provided all the following requirements are met: - The product must not contain more than 0.3% THC. It may not contain more than 5mg of THC in a single serving or more than 50mg of THC per package. - It must not claim to diagnose, cure, mitigate, treat, or prevent disease. - It must not affect the human body structure or function. - CBD-containing products may not be sold to any individual under the age of 21. Products that meet the above requirements are not considered controlled substances. |
| Mississippi | Hemp-derived CBD is legal in Mississippi. Cannabis-derived CBD is illegal in Mississippi unless recommended by certified doctors. CBD food products are illegal in Mississippi, as per the FDA. |
| Missouri | Hemp-derived CBD is legal in Missouri, provided the THC content is not more than 0.3%. Missouri allows the use of hemp-derived CBD in alcoholic drinks, foods, beverages, and nutrients. Missouri has no minimum legal age for purchasing hemp-derived CBD, however, sellers may choose not to grant access to minors. Cannabis-derived CBD oil is only available to medical marijuana patients when recommended by a doctor. |
| Montana | Hemp-derived CBD is legal in Montana, provided the THC content is not more than 0.3%. Both hemp- and cannabis-derived CBD food products are illegal in Montana. |
| Nebraska | Hemp- and cannabis-derived CBD are both legal in Nebraska, provided they don't contain more than 0.3% THC. Growing, processing, handling, and/or brokering hemp without a license from NDA or a Tribe with a USDA-approved hemp plan is illegal in Nebraska. The Nebraska Department of Agriculture does not regulate finished hemp products. The Nebraska Hemp Farming Act governs the regulation of hemp in Nebraska. Nebraska permits up to 0.3% total THC content as measured by dry weight of hemp, however, it does not address products derived from hemp. Nebraska’s Department of Agriculture has issued guidance stating they do not believe CBD should be added to food or beverages, as per the FDA’s stance. However, the use of CBD in food products is still a legal gray area. |
| Nevada | It is legal to sell hemp-derived CBD used in an edible marijuana product or as a concentrate sold from an approved dispensary. It is illegal to sell cannabis-derived CBD products with more than 0.3% THC on a dry weight basis of the compound. It is also illegal to sell cannabis-derived CBD products that include industrial hemp seed oil enhanced with CBD or other cannabinoids. Selling industrial hemp oil not derived from industrial hemp seeds is also illegal in Nevada. |
| New Hampshire | CBD food products are illegal in New Hampshire, as per the FDA. The New Hampshire DPHS does not recognize CBD as a food additive. CBD may not be used as an additive in the production of alcoholic beverages. |
| New Jersey | Hemp-derived CBD is legal in New Jersey, provided the THC content is not more than 0.3%. New Jersey legislation states that CBD products fall under the regulatory authority of the FDA, therefore, CBD product sales depend on intended use and labeling guidelines, among other factors. CBD food products are illegal as per the FDA, therefore, it is the assumption that New Jersey bans these products in accordance. Non-food CBD products, like capsules and gel, are permitted. |
| New Mexico | Hemp-derived CBD is legal in New Mexico, provided the THC content is not more than 0.3%. CBD food products are legal. Cannabis-derived CBD oil is only legal for medical marijuana users under certain circumstances. Manufacturers producing edible cannabis products must apply for and receive the proper permit from the NMED Cannabis and Hemp Bureau. Any manufacturer or transporter of CBD for human consumption must adhere to food safety regulations. |
| New York | The state of New York prohibits CBD food and beverage products, as well as CBD as a food additive. Restaurants are not permitted to add anything to food or drink that has not been approved as safe to eat. Therefore, until CBD is deemed safe as a food additive, restaurants are not allowed to offer CBD-containing products. |
| North Carolina | As per the FDA, CBD food products are illegal in North Carolina. It is also illegal to make medical claims on CBD products or sell CBD as a nutritional supplement. |
| North Dakota | Hemp-derived CBD is legal in North Dakota, provided the THC content is not more than 0.3%. CBD food products are illegal in North Dakota, as per the FDA. |
| Ohio | The Ohio Department of Agriculture allows CBD baked goods, beverages, and gummies. |
| Oklahoma | Hemp-derived CBD is legal in Oklahoma, provided the THC content is not more than 0.3%. Cannabis-derived CBD oil is illegal without the possession of a license, as only medical patients are allowed to purchase this variant. Many CBD products are recognized as food under Oklahoma law, including (but not limited to): - Flavored oils or tinctures - Infused honey - Assorted baked goods, chewing gum, or candies - Infused bottled water There are particular packaging and labeling requirements, including a depiction of the Oklahoma uniform symbol in clear and plain sight, a list of all cannabis ingredients, and food allergen information. Standard food labeling requirements are also applicable, including prohibitions on ‘false or misleading’ labeling and containers containing labels that violate federal trademark law or regulation. |
| Oregon | Hemp- and cannabis-derived CBD are both legal in Oregon. There is no legal minimum age requirement for the sale of CBD products and persons under 21 may use any form of CBD, except for inhalable forms (e.g. vape). CBD food products must meet specific labeling requirements, including the processor's business name and contact details; production date; concentration of THC and CBD, list of ingredients, and food allergens. There are specific labeling requirements about different CBD products, such as extracts and tinctures. |
| Pennsylvania | Hemp-derived CBD is legal in Pennsylvania, provided the THC content is not more than 0.3%. Cannabis-derived CBD is only legal under the state's medical marijuana program. CBD food products are illegal in Pennsylvania, as per the FDA. |
| Rhode Island | CBD products intended for oral human consumption must meet specific packaging and labeling requirements as per Rhode Island legislation. These product types include (but are not limited to) capsules, gummies, drinks, tinctures, and baked goods. Part of these requirements includes the packaging being opaque, child-resistant, and not imparting any toxic substance to the product. It should be labeled with information including the business license of the producer, total contents of THC and CBD, and serving size. It is illegal to market products with any medical claims or misleading statements, or with packaging that targets individuals under the age of 21. Packaging may not contain any symbol that could mislead consumers to believe the product has been endorsed by the state of Rhode Island. Product labeling and packaging may not contain any reference to "candy" or "candies". |
| South Carolina | Hemp-derived CBD is legal in South Carolina, provided it does not contain more than 0.3% THC. CBD food products are illegal in South Carolina. |
| South Dakota | Hemp-derived CBD is legal in South Dakota, provided the THC content is not more than 0.3%. Cannabis-derived CBD is illegal in South Dakota. CBD food products are illegal in South Dakota, as per the FDA. |
| Tennessee | Hemp-derived CBD is legal in Tennessee, provided the THC content is not more than 0.3%. CBD food products are illegal in Tennessee, as per the FDA. |
| Texas | Hemp-derived CBD is legal in Texas, provided the THC content is not more than 0.3%. Consumable hemp products (including CBD oil, CBD gummies, and CBD food and drinks) are permitted to be manufactured and sold in Texas, provided the THC content is not greater than 0.3%. However, they may not cross state lines as CBD food products are federally illegal. |
| Utah | Utah law does not allow the addition of hemp or CBD to conventional foods or beverages. |
| Vermont | Hemp-derived CBD is legal in Vermont and may be sold at retail as an additive to foods or beverages, provided it does not contain more than 0.3% THC. In some instances, adding CBD to foods is restricted in Vermont, such as the following circumstances: - Meat/poultry products: Whether the product is offered for sale inter- or intra-state, CBD may not be added to meat or poultry products processed for human consumption. - Dairy/Milk products: Dairy products that contain CBD may not be sold interstate. Butter and other dairy products may contain added ingredients, however, the producer is required to obtain a milk handler's license. - Maple products: If additives have been introduced, maple products (such as syrup, sugar, and sap) may not be labeled as "Pure Maple Syrup". Provided labeling and food standards are met, CBD may be added to maple products, however, allowable practices depend on many conditions. When it comes to food prepared in restaurants and hotel kitchens, activities are regulated and inspected by the Vermont Department of Health. There is no ban on the knowing and deliberate addition of CBD to foods at the time of post-purchase consumption. |
| Virginia | Hemp-derived CBD is legal in Virginia, provided the THC content is not more than 0.3%. CBD food products are legal in Virginia, but they must meet requirements stated by the Virginia Department of Agriculture and Consumer Services. They must comply with the Virginia Food and Drink Law. It is a requirement to properly package and label any THC-containing products. These products may not be sold in packaging that mimics a well-known or trademarked brand. The Virginia Police Canine Associated also prohibits the manufacture and retail sale of hemp-derived CBD products in the shape of animals, vehicles, humans, or fruit |
| Washington | Hemp- and cannabis-derived CBD oils are both legal in Washington State, however, residents need to apply for a medical marijuana card to obtain cannabis-derived variants. CBD food products are illegal in Washington State, as per FDA regulations. It is illegal to use CBD as a food ingredient under the terms of a Washington State Food Processor License. |
| West Virginia | Hemp-derived CBD is legal, provided the THC content is not more than 0.3%. Hemp-derived CBD is not considered a controlled substance or adulterant, therefore, CBD food products are not considered adulterated. |
| Wisconsin | Hemp- and cannabis-derived CBD are both legal in Wisconsin, provided the THC content is not more than 0.3%. The Wisconsin Department of Agriculture, Trade and Consumer Protection does not consider food to be adulterated solely based on the fact that it contains a hemp product, like CBD. There are food safety and labeling laws that apply to CBD food products. |
| Wyoming | Hemp-derived CBD is legal in Wyoming, provided the THC content is not more than 0.3%. Any CBD food product must list all active and inactive ingredients that contain CBD on the packaging label. It is illegal to sell CBD products to individuals younger than 21 years old. |
The Future of CBD Food Regulations
When it comes to the department’s recent decision against regulating CBD as a dietary supplement or in food, the FDA concluded that the way forward could involve a new regulatory pathway - one which balances peoples’ desire for access to CBD products with the proper oversight needed for risk management. Ideally, this pathway could provide safeguards, as well as risk reduction related to edible CBD products. Some tools to minimize these risks could include CBD content limits, clear labeling requirements, and a minimum purchase age to reduce the risk of exposure to children.
In the food world - particularly for restaurants - an effective, all-encompassing framework regarding CBD usage would be useful in helping business owners decide how best to introduce the substance to their offerings, given its high demand. This would also reduce the risk of businesses having to remove certain products from their shelves after introduction, due to fears of intervention from health authorities as a result of unclear guidelines.
’For restaurants, retailers, and food vendors, confusing CBD-related regulations pose a challenge to business when it comes to CBD in food products. While businesses try to adhere to applicable guidelines, the lack of clarity and consistency makes it difficult to navigate the CBD regulatory landscape. It also makes it tricky for businesses to provide consumers with the innovative, CBD-containing products they desire. Greater collaboration between industry leaders, regulators, and lawmakers may provide a strong foundation for a new CBD regulatory pathway - one which protects consumer safety, while also promoting growth and innovation in the CBD food market.’Stuart Murless, Co-Founder of boam
METHODOLOGY
The online consumer survey of 1,000+ U.S. adults (aged 21+) was conducted by boam using the market research survey tool, Pollfish. The survey questioned people across 50 states, as well as Washington D.C. and the data was collected in November 2022.
To find out if restaurants had introduced CBD to their menus after the trend had picked up, the research team also analyzed 20,000 Yelp and Google restaurant reviews for mentions of the substance. boam also conducted detailed research into federal and state regulation of CBD food products, searching for the most up-to-date information available online.
About boam
boam is revolutionizing the way technology companies understand, acquire, and serve their restaurant partners - all through advanced AI. The company has built the world’s leading Restaurant Intelligence Platform, scouring millions of disparate data sources across the industry and unlocking new insights and data. The venture was created by an interdisciplinary team of experts at the intersection of machine learning, data aggregation, and food science.