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ARTICLE · 09 MARCH 2020

Uncertainty Surrounds Legality Of Different CBD Forms

Wilson Elser Moskowitz Edelman & Dicker LLP
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The Food and Drug Administration (FDA) distinguishes CBD (cannabidiol) extracts from hemp-derived products that have a history of consumption

United StatesCannabis & Hemp

The Food and Drug Administration (FDA) distinguishes CBD (cannabidiol) extracts from hemp-derived products that have a history of consumption, such as cold-pressed hemp seed oil. The agency has not attempted, however, to make any distinction between highly concentrated CBD isolate versus "full-spectrum" hemp extracts that contain numerous cannabinoids, including CDB, at lower concentrations. This article discusses whether the form of CBD should impact its legality as a food additive or dietary supplement under the Food, Drug and Cosmetic Act (FDCA).

To understand the issue, it is important to define some of the terminology. Isolate is CBD in its purest form and generally refers to a pure crystalline powder that typically contains more than 95% CBD. To produce CBD isolate, a manufacturer undertakes a process to isolate only the CBD molecule, stripping out all remaining plant material. Unlike CBD isolate, a full-spectrum hemp extract contains the full assortment of

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