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Local environmental health agencies are responsible for enforcing the state guidelines, but few counties are doing much in the way of actual enforcement. San Diego County has found one facility in violation. On the more heavy-handed side is Orange County, recording 10 violations during routine inspections. Retail stores like Topikal, which are not inspected by health agencies, are unlikely to be cited. CBD advocates contend that the state is instituting a largely toothless decree when instead it should be exploring ways to regulate all products infused with the extract — not just those sold at dispensaries, and regardless of whether they come from marijuana or hemp.
Consumers who purchase a CBD product from a non-licensed retailer in California are, in a sense, blindly trusting that its purity and THC levels are sound. Out of 84 items surveyed, 18 had THC levels high enough to potentially cause impairment. Greg and Gary Avetisyan of Topikal sell products they make themselves, such as CBD pain cream and emu oil salve popular among those suffering from eczema and psoriasis, they say as well as items from other companies. One of these products is Vybes, a tea-like juice drink infused with 15 milligrams of hemp-derived CBD.
Vybes is now focused on expanding in states that are friendlier toward CBD sales, such as Colorado. But even selling there is tricky. The city and county of Denver, for example, prohibit the sale of edible CBD products manufactured outside of Colorado.
Eppers said that despite these bureaucratic challenges, the company is still doing well and will not stop making the CBD drink. His lawyers contend that he is within his legal rights to do so.
They point to Proposition 64, which not only legalized the recreational use of marijuana but also contained provisions authorizing the commercial production of industrial hemp in California. They also cite the U. In its current form, the bill allows industrial hemp to be grown for academic research and agricultural purpose only. Some states have chosen to interpret the law broadly and consider commercial activity as market research, opening the door for cultivators to begin stripping CBD from hemp.
Federal law may soon work in more explicit favor of hemp-derived CBD. Lawmakers failed to vote on the bill before the Sept. Though CDPH merely confirmed the policy, Cisneros says they've "overstepped their bounds" by essentially creating a law. The thing is, industrial hemp in the state of California is actually legal. Not to mention, the CBD molecule — whether derived from a hemp or marijuana plant or another kind of crop — is the same nonetheless. Just three months ago, the mom-and-pop cafe began to offer two CBD drinks on the menu: Coffee Dose lost 30 percent of its income.
Much of the enforcement depends on whether individual county health departments are even aware of the CBD policy. This is so minimal, and it's so stupid we're being singled out," says Castro.
We want them to change their mind. The policy statement will affect investor interests, says Bryce Berryessa , CEO of cannabis edibles company La Vida Verde and board member of the California Cannabis Manufacturers Association, who cited one CBD kombucha brand whose investors pulled out overnight after hearing the news, nearly causing the company to crash.
Whether a company calls it CBD oil or hemp oil, at the end of the day, it's not allowed, he says.
What’s the Big Deal About CBD Oil? - CBS News 8 - San Diego, CA News Station - KFMB Channel 8
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