The last few years have been a wild ride for the United States’ hemp-derived cannabidiol (CBD) industry. Ever since the Food and Drug Administration (FDA) took the position that CBD is unlawful in many consumer products, the industry has faced many questions about what it can and cannot do. To add fuel to this fire, many states have adopted laws and regulations that are different from, more complicated than, and/or inconsistent with the FDA’s position. To say the least, things are complex.
Life is particularly challenging for smokable CBD products. The FDA’s initial positions on CBD failed to address smokable products, and as we noted a few years ago and again last year, it didn’t appear that the FDA would expressly try to regulate smokable products.
Many states nevertheless decided to ban smokable hemp and even smokable products like CBD vapes. For example, last year, Iowa made the sale of smokable hemp products a serious offense. As another example, a ban on smokable hemp was upheld by a federal appellate court for the state of Indiana last year.
On top of that, during the vape crisis over the last few years, many states and municipalities began proposing and even passing