Legalities with THC and CBD in Food
Jun 21, 2021
Is it legal, in interstate commerce, to sell a food (including any animal food or feed) to which THC or CBD has been added? No.
How many of your businesses have been hindered from growth or otherwise hurt because of that very rule? Here is what has been on my mind as of late: The hotly debated topic of regulation in the Cannabis industry.
Cannabis companies, which are the babies among highly regulated industries, truly want to start out on the right foot and remain compliant. But it’s tough to play by the rules when the rules keep changing, and those who make the rules are not in agreement. Specifically, I mean the age-old conflict between the regulations spelled out by the States and our Federal government.
Why is the lack of consistent regulation a problem? I’ve heard from our customers who experienced the sting of trashing perfectly good products simply because label requirements changed. Some of our partners have faced personal liability for business-related problems, where other industries enjoy the protection of a corporate entity from personal liability.
Most people agree that the Federal government will eventually legalize marijuana for recreational and medical use as many states have gradually done. But until that day arrives, we’re going to keep running into these challenges.
I’m a solutions-oriented guy so I’m going to address the states directly for my proposed approach: Stop trying to be snowflakes. Your regulations do not need to be special or unique. Instead, start collaborating with all the other states and get aligned so when the feds finally catch up and legalize, the fifty of you can provide a united front in showing the federal government a clear path of regulations that work and result in their intended consequences.
During COVID, the industry has shined. Changes were made, we adapted, and by and large, the needs of our customers were met. Things are looking up for the industry and I’m impressed with the diverse membership of The Consumer Brands Association that have come together to encourage and educate the federal government toward smart and cohesive regulation. Let’s do more of that!