Industrial Hemp and Cannabidiol in Food Products


The California Department of Public Health (“CDPH”) has issued a FAQ bulletin providing clarification on the use of hemp-derived cannabidiol (“CBD”) oil and CBD products in food in California. The FAQ confirms that the use of industrial hemp as the source of CBD to be added to food products is prohibited within the state. The CDPH reasons that since the FDA has not ruled that CBD oil and CBD products are to be used as a food, and California has not determined that they are safe for human and animal consumption, California does NOT consider CBD to be an approved food, food ingredient, food additive, or dietary supplement.  

California Department of Health Cannabidiol FAQ Bulletin

The FAQ information bulletin for Industrial Hemp and Cannabidiol (CBD) in California Food Products can be downloaded here. The bulletin is in a useful question and answer format. Seven frequently asked questions from food processors and retailers who are interested in using industrial hemp-derived cannabidiol (CBD) oil or CBD products in food.

Frequently Asked Cannabidiol Questions

  • What forms of Industrial hemp derived products will and will NOT be allowed in food in California?
  • Is hemp seed oil the same as CBD oil?
  • What is the difference between industrial hemp and cannabis (marijuana) derived cannabidiol (CBD/CBD oil)?
  • Does California consider food products that contain CBD or CBD oil from Industrial hemp a cannabis product?
  • Can industrial hemp-derived CBD oils be approved as a food ingredient, food additive or dietary supplement to be added in food?
  • If CDPH, MCSB regulates and licenses cannabis (marijuana) derived product manufacturers, which agency oversees CBD oil produced from industrial hemp?
  • Can industrial hemp derived CBD products be allowed for sale in California if they come from other States? For example, if industrial hemp derived CBD oil is manufactured in another state and sold to customers in California via distributors and retailers?

Responses to these questions can be found in the bulletin.The cannabis industry in California is a constantly evolving and moving target. Since 2009, Beck Law P.C., and now the Canna Legal practice group has been providing information to those in the industry, particularly in Sonoma County, Mendocino County and Lake County California. For questions about cannabidiol or other cannabis related matters, contact us at our Santa Rosa office. Our office is located at 2681 Cleveland Avenue, just south of the Empire College School of Law and north of Coddingtown Mall.