Dept of Ag: CBD Oil Still Unlawful as a Food Additive in Georgia

Georgia Agriculture Commissioner Gary W. Black is reminding Georgians that despite the signing of HB213 into law, including cannabidiol oil (CBD) in food or other dietary products is still illegal.

House Bill 213 passed the legislature earlier this year and was signed into law by Governor Kemp. It allows for the sale of hemp and hemp products, but CBD in food is still unlawful according to the Federal Food and Drug Administration (FDA) regulations.

“The passing and signage of the industrial hemp bill is the first step in a complex and multistep process,” Commissioner Black said in a press release. “The state of Georgia follows the rules established by the Federal Food and Drug Administration, and FDA has been very clear that CBD is not currently permissible for inclusion in food and dietary supplements.”

From the press release:

The Georgia Department of Agriculture’s (GDA) Food Safety Division adopts the Food Drug and Cosmetic Act (FD&C Act). According to the provisions of the FDA’s Federal Code of Regulations (CFR’s), inclusion of CBD or hemp into a food, animal feed or dietary supplement renders that product adulterated.

“Until FDA changes their regulations, the Department cannot license or otherwise endorse the production of CBD adulterated food or feed products.” said Commissioner Black.

The Food and Drug Administration has scheduled a public hearing this month on the safety, sale and use of products containing cannabis and cannabis-derived compounds, including CBD.

In addition to allowing for the sale of hemp and hemp products, HB213 also allows for the licensed cultivation and processing of hemp. The Georgia Department of Agriculture is in the process of drafting rules and regulations for the state’s hemp cultivation and processing program. The Department expects to post these rules for public comment in the forthcoming months and will begin issuing grower licenses and processor permits once the rules are finalized.

For more information about industrial hemp production in Georgia, please visit agr.georgia.gov/industrial-hemp-production.