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Which States Prohibit Selling CBD Food?

Isabel Lancaster 3rd Mar 2021

Which States Prohibit Selling CBD Food?

If you’re familiar with the CBD industry, you probably know that CBD food is a hot commodity. But what do we mean by “CBD-infused foods”? Simple: edible goods that have been infused with pure CBD oil. By eating these products, you’re able to receive both a delicious treat and your daily dose of CBD!

At CBD Choice, we offer a variety of CBD-infused foods and treats, including:

But is selling CBD in food legal? The answer is not as simple as you might think. For starters, the sale of CBD edibles is protected under interstate commerce laws. In fact, CBD-infused foods like gummies and chocolates are some of the most popular CBD products on the market.

So What’s the Fuss About CBD Food?

Well, as you may have heard over the last couple of years: the laws regarding CBD food in restaurants are shaky. In fact, the Food and Drug Administration (FDA) has gone as far as to say that putting CBD in food is illegal. So why are we still seeing CBD-infused cupcakes at bakeries, CBD lattes at cafes, and much, much more?

Hemp-derived, pure CBD oil is a legal commodity under the 2018 Farm Bill. This includes manufacturing CBD, selling CBD, buying CBD, using CBD, and so on. In fact, the FDA cannot tell you what to do with your CBD oil after purchase. If you want to put your CBD in food at home, that’s your right and business.

However, the overarching problem with CBD food applies to the public sale of CBD-infused foods. Officials in New York City banned the sale of CBD-infused foods and drinks in 2019. But that didn’t stop CBD-inspired menus from flooding the streets nationwide. In fact, you can easily find some CBD-infused menu items throughout the state of New York (or really any other state, for that matter).

Do CBD Laws Even Matter?

We’ve said it before, and we’ll probably continue to say it: the FDA needs to create comprehensive legislation for CBD products. As it stands, the 2018 Farm Bill legalizes the manufacturing and sale of CBD goods. However, without proper backing from governmental institutions like the FDA, laws will remain unclear.

This leaves restaurants particularly vulnerable, especially given the ongoing crisis with the COVID-19 pandemic. Restaurants, bars, and cafes selling CBD-infused foods or drinks are at risk of shutdowns, fines, and more.

In addition, no database currently exists for tracking the legality of CBD food on a state-by-state basis. With legislation up in the air, and the FDA unsure how to proceed, it seems almost random who will get away with selling CBD and who will not.

Is CBD Food Legal in My State?

Yes and no. It is currently legal for residents of all 50 U.S. states to buy, possess, and ingest pure CBD oil and other products like CBD-infused foods. It’s also perfectly legal to put your CBD in food you make at home.

When it comes to selling CBD food in restaurants, it varies heavily by area. In Seattle, where a prominent legal cannabis market already exists, law enforcement officials are much more hesitant to pursue CBD food-related issues. On the other hand, in states with notoriously anti-cannabis laws, it is likely that you won’t be able to find CBD-infused foods in restaurants, bars, or cafes.

Can I Make My Own CBD Food?

Yes! If you purchase pure CBD oil from CBD Choice, you can make a variety of delicious CBD-infused foods right from the comfort of your own kitchen. We’ve even published a variety of CBD recipes for your enjoyment:

Tips for Making CBD Food at Home

There are no lack of CBD recipes at CBD Choice! However, you can also add CBD oil to almost all of your favorite recipes. How? Let’s take a look at some of the best tips we have for putting CBD in food!

1. Get the Right CBD Oil

Some CBD oil tinctures carry flavors like lemon, mint, and even complex flavors like French vanilla mocha! However, unless your recipe already contains these flavors, we recommend cooking with unflavored CBD oil.

Natural, pure CBD oil possesses an earthy, unrefined flavor. However, the taste of CBD oil blends into almost any recipe, adding a fragrant nuttiness that isn’t overpowering. Plus, flavored tinctures like lemon CBD oil only allow you to put CBD in foods that match that lemon taste.

Stick with unflavored CBD oil to keep your recipe options open!

2. Use CBD Oils Like Other Oils

Most recipes – especially restaurant-style recipes – call for olive oil, vegetable oil, or a similar ingredient. When creating your own CBD food, make sure to include CBD oil like you would other cooking oils.

This does not mean that you should substitute non-stick cooking oils with CBD oil. If you put CBD oil directly into a hot pan, it will dissolve the CBD molecules. However, when used in conjunction with other oils, it blends perfectly into any recipe.

We also recommend using olive oil or coconut oil with CBD oil. These ingredients are often used in CBD oil tinctures and act as a binding agent, allowing the CBD molecules to enter your system.

3. Don’t Be Afraid to Experiment!

There is no all-encompassing guide to DIY CBD-infused foods. In fact, it pays to experiment. Recently, I made CBD-infused mushroom risotto, twice! The first time, I added CBD oil in the beginning. But the long cook time diluted the cannabinoid concentration in my meal.

The second time, I added CBD oil right at the end. This time, I could better taste the CBD oil, as well as better feel the effects. Sometimes, trial-and-error is all you need to do CBD food right!

CBD-Infused Foods, in Conclusion

The legality of CBD food is unclear, to say the least. However, with the continued proliferation of CBD dining options, as well as increased public acceptance, we’re sure that CBD food is here to stay.

Back to our original question: which states prohibit selling CBD food? The answer to that question is also unclear. Like we said, no database exists to track the legality of CBD in food. But if you’re unsure about ordering CBD-infused foods in restaurants or don’t have a CBD dining option near you, don’t worry! You can always make your own CBD-infused foods right from home. Just follow our tips for successful CBD cooking, and you’ll be on your way!

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