Q: What is the difference between hemp and marijuana under federal law?

Under the 2018 Farm Bill, hemp is legally defined as cannabis (Cannabis sativa L.) containing no more than 0.3% delta-9 THC on a dry weight basis. Cannabis exceeding 0.3% THC remains classified as marijuana — a Schedule I controlled substance under the Controlled Substances Act. This distinction is critical: only hemp-derived CBD can be legally sold across state lines. Products must be tested to verify THC content, and manufacturers must ensure their supply chain uses compliant hemp genetics and processes.

Q: What claims can I make about CBD products?

You cannot make any claims that your CBD product treats, cures, mitigates, or prevents any disease (these are drug claims). You may make limited structure/function claims like 'supports calm' or 'promotes relaxation,' but these must be truthful, not misleading, and substantiated. If making structure/function claims on a product marketed as a supplement, you must include the standard FDA disclaimer and notify FDA within 30 days. FDA has issued over 200 warning letters to CBD companies specifically for making prohibited health claims.

Q: Do state regulations override federal CBD law?

State and federal CBD regulations operate in parallel — you must comply with both. A state permitting CBD in food does not override FDA's federal position, and FDA's enforcement discretion does not override a state ban. In practice, most companies comply with their target states' requirements for manufacturing, testing, and labeling, while also maintaining FDA facility registration and avoiding drug claims to minimize federal enforcement risk. Some states (like Idaho and certain others) have highly restrictive or unclear CBD laws.

Q: What testing is required for CBD products?

While FDA has not issued specific CBD testing requirements, industry best practices and most state regulations require third-party testing for: CBD and THC potency (to verify label claims and ensure <0.3% THC), pesticide residues, heavy metals (arsenic, cadmium, lead, mercury), residual solvents (from extraction processes), and microbial contaminants. Certificates of Analysis (CoA) should be available for every batch and are increasingly required by retailers and state regulators.

Question 1

Is CBD legal to sell in food and supplements?

Accepted Answer

The legal status of CBD in food and supplements is complex. Hemp-derived CBD (from cannabis with <0.3% THC) was legalized under the 2018 Farm Bill, but FDA maintains that CBD cannot legally be added to food or marketed as a dietary supplement because it is the active ingredient in Epidiolex, an FDA-approved drug. FDA has exercised enforcement discretion and has not broadly enforced this prohibition, but has targeted companies making egregious health claims. Many states have established their own regulatory frameworks permitting CBD in food and supplements under state law.

Question 2

What is the difference between hemp and marijuana under federal law?

Accepted Answer

Under the 2018 Farm Bill, hemp is legally defined as cannabis (Cannabis sativa L.) containing no more than 0.3% delta-9 THC on a dry weight basis. Cannabis exceeding 0.3% THC remains classified as marijuana — a Schedule I controlled substance under the Controlled Substances Act. This distinction is critical: only hemp-derived CBD can be legally sold across state lines. Products must be tested to verify THC content, and manufacturers must ensure their supply chain uses compliant hemp genetics and processes.

Question 3

What claims can I make about CBD products?

Accepted Answer

You cannot make any claims that your CBD product treats, cures, mitigates, or prevents any disease (these are drug claims). You may make limited structure/function claims like 'supports calm' or 'promotes relaxation,' but these must be truthful, not misleading, and substantiated. If making structure/function claims on a product marketed as a supplement, you must include the standard FDA disclaimer and notify FDA within 30 days. FDA has issued over 200 warning letters to CBD companies specifically for making prohibited health claims.

Question 4

Do state regulations override federal CBD law?

Accepted Answer

State and federal CBD regulations operate in parallel — you must comply with both. A state permitting CBD in food does not override FDA's federal position, and FDA's enforcement discretion does not override a state ban. In practice, most companies comply with their target states' requirements for manufacturing, testing, and labeling, while also maintaining FDA facility registration and avoiding drug claims to minimize federal enforcement risk. Some states (like Idaho and certain others) have highly restrictive or unclear CBD laws.

Question 5

What testing is required for CBD products?

Accepted Answer

While FDA has not issued specific CBD testing requirements, industry best practices and most state regulations require third-party testing for: CBD and THC potency (to verify label claims and ensure <0.3% THC), pesticide residues, heavy metals (arsenic, cadmium, lead, mercury), residual solvents (from extraction processes), and microbial contaminants. Certificates of Analysis (CoA) should be available for every batch and are increasingly required by retailers and state regulators.

FDA Compliance for Cannabis, Hemp & CBD Products

Quick answer: Cannabis & hemp FDA compliance

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