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Are CBD Gummies Illegal?

The Cannabidiol (CBD) market is growing incredibly fast, especially in the United States. It is estimated that by 2025 the legal Cannabis industry, of which CBD is a majority player,  will reach as much as $23 billion. With so much money to be made and public demand for the products so high, it is no wonder that we see an immense number of products hit the shelves each and every week. One of the more popular items to be introduced in the last few years is CBD gummies.

CBD gummies offer a fun and easy way to consume CBD, but at the same time, it crosses the line from pure oil to food supplement and all of the legal hang-ups that go along with it. In fact, the legality behind CBD gummies is actually much more complicated than most websites and retailers would have you believe.

While, of course, you are not going to have the police knocking on your door for eating some fruity CBD enhanced candies -it is still essential that we understand the current legal status of the products we enjoy or intend to buy. The more we become aware of the legal challenges to CBD, the more we can make informed decisions, and if we so choose, better participate in the legal system to affect change.

In this piece, we will briefly cover the basics of CBD gummies, what they are, and their current legal status in the United States.

What are CBD gummies?

CBD gummies are small candy treats that are very similar to your typical gummy bear candy, the only difference being that they have been infused with CBD oil. In this way, you are able to ingest CBD and easily get some into your bloodstream without smoking or holding any oils under your tongue. Most gummies come in various shapes and flavors, and each brand tends to make them slightly differently from one another.

If you want to learn more about CBD Oil, we have a large number of topics regarding CBD here at CBDOil.com

Since CBD gummies will not contain THC like ‘weed edibles’ they do not have any psychoactive compounds and will not get you high. There are, however, a number of possible benefits they may provide to certain users, which has led to their immense popularity. While the science is still in the process of catching up we have a handful of studies and a lot of anecdotal evidence for CBD being effective for certain issues like:

There are a number of other things we could list here, but much of the research is ongoing and it would require an entire article of its own to truly break down the possible benefits of CBD. For now, suffice to say, there are many reasons why one would wish to partake in this cannabinoid.

Are CBD Gummies Illegal?

The first thing we must explain is the current legality of general CBD Oil. Since the passing of the 2018 Farm Bill, CBD products derived from Hemp, which is a Cannabis plant with less than .3% THC, have been allowed at the federal level. Of course, each state still is able to make its own laws, but by 2020 CBD oil had become legal in all 50 states at the state level as well.

Most websites will stop there and simply tell you that all CBD products are now legal, but the truth is a bit more complicated. Technically speaking, the FDA has banned CBD from being added to prepared foods, including teas, muffins, and yes, gummies. At the same time, the FDA has also made it clear that they have no intention of enforcing this ban outside of cases they deem of unique interest. 

So what we have today is a booming market of CBD supplements that are being purchased all over the country, that are technically still illegal, but are allowed to continue and thrive anyways. It is a strange situation that lawmakers are currently working to fix. Another CBD deregulation bill, H.R. 841 was introduced on February 4, 2021, with the intention of fixing this confusion.  H.R. 841 would make the marketing of hemp products as dietary supplements legal as long as they meet State requirements.

Can I Buy CBD Gummies? 

So what does this really mean for you? Can you buy CBD gummies? It means you should check and beware of your local state laws, and understand the weird grey area that many CBD food supplements are currently in. Individuals are really not likely to be prosecuted for eating gummy candies, especially if the retailers are not suffering any penalties. Almost all enforcement is currently geared towards marketing practices, and with new legal changes on the horizon, this is all subject to change very soon. 

In many states like Hawaii, CBD edibles are currently banned but are still sold in stores all over the state. There is a big disconnect between written laws and enforcement.

Legally speaking, we can only tell you to follow state laws. But understand that enforcement in this area is virtually non-existent and the processes are currently underway to change the laws to match the current market standards. 

Stay Up to Date on All Things CBD

At CBDOil.com, we are constantly working to stay up to date on the last developments in the CBD industry. We also put a great deal of time into reviewing and checking up on the brands and companies that are bringing these products to market. Check back here often as we continue to keep abreast of all legal developments in the CBD world.

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