CBD Food Additives? A definite NO for Metro Detroit Health Officials

CBD is the second most prevalent active ingredient to come from cannabis (marijuana) and hemp plants. It has non-psychoactive effects, won’t get you high and many use it for therapeutic purposes. Users swear by it as they claim it makes them feel less anxious, eases their chronic pains, and helps them sleep. CBD is also becoming more popular in oils, creams and other consumable products.

The CBD Food Additive Battle

The newest trend is adding CBD in food and beverages. Some restaurants have even advertised that customers could have CBD added for an additional fee! One such establishment is ChickP in Michigan who adds CBD to its smoothies for an extra $5. Unfortunately, just a few days after they started advertising, health officials stopped ChickP from serving CBD additives.

ChickP isn’t the only establishment to experience this fate as this is also the case with many other food establishments. The Oakland Health Department barred Ale Mary’s Beer Hall from serving CBD-infused Sprig Sodas. Health officials have also asked Bobcat Bonnie’s to remove all CBD and Sprig Soda-infused products from their menus.

Michigan and the FDA on CBD

The Michigan Department of Agriculture and Rural Development and the FDA have not approved CBD oil as a food additive. Therefore, they cannot be added to food sold at restaurants in that jurisdiction.

The FDA’s stance on CBD is clearly laid out inSection 301(II) of the FD&C Act. In its Q&A section on the legality of marijuana, the FDA states that “it is a prohibited act to introduce or deliver for introduction into interstate commerce any food to which THC and CBD been added.”

CBD-infused battle not lost

In January 2019, the Michigan Legislature approved a Bill effectively legalizing CBD derived from industrial hemp for recreational use that contains no more than 0.3 percent THC. This new approval could signal a new way forward for restaurants that desire to offer CBD-infused products on their menus in Michigan. There is still some was to go but this is a start and one that will hopefully allow restaurants to sell food and beverages which can have CBD added.