Is CBD in Food & Drinks Legal?

Today, you can find CBD infused drinks and food in generic corner stores across the country, so it must be legal, right? Wrong. The legality of some of these products, regardless of state or local laws, remains questionable and quite confusing at a federal level. While CBD oil and tinctures are lawful, CBD infused food and drink can be more complicated.

You may be wondering, are those delicious CBD drinks, gummies, and chocolates legal?  Or even specifically wondering, are CBD gummies legal in CA, where recreational cannabis is?

The short answer around the US is no, and in CA is yes, as of October 2021.

Though congress is currently reviewing the subject, as of December 2021, the FDA specifically outlaws the sale of CBD in food and drink and the DEA agrees.

The long answer includes safe practice concerns, insurance issues, and impacts to the rapidly growing landscape of the hemp industry, while more and more companies push for legal clarity in the food and drink industry to provide consumers with CBD options on the menu.

Why are so many CBD drinks and edibles still available?

CBD drinks and food appeared on store shelves several years ago with availability only increasing during the 2020 pandemic. The FDA and DEA are aware of illegal CBD gummies, sodas, and chocolates in stores, but are unable to strictly enforce the law. With neither the resources nor bandwidth to catch violators, the CBD food market continues to expand. But are the current CBD edibles on the market safe?

Use caution!

Consumers must be smart about choosing CBD products for themselves.

Both the FDA and the DEA disapprove of CBD infused food and drink, but regulating and policing efforts are slim. CBD companies selling food or drinks may also be doing other things illegally and may not be practicing common safety standards you can expect from more reliable CBD companies, like Rolling Acre.

How to Choose Safe and Reliable CBD products

With growing CBD options, how do you pick safe (and legal) products?


All CBD companies are not created equally. Knowing the facts about CBD regulations and holding companies accountable for safety is step one.

The Rolling Acre CBD guide covers additional information on CBD laws concerning safe practices such as licensing, extraction methods, 3rd party testing, and inspections criteria.

Step two - search for CBD companies with insurance coverage.

Insurance provides added protection and peace of mind not only to the company, but to the buyer as well. Any insured company must comply with strict federal limitations to qualify for insurance at all and the cannabis industry is no different, my friend.

The three main insurance policies to look for in a reputable CBD company are:

  1. General Cannabis Insurance
  2. CBD/Hemp Topical Insurance
  3. CBD/Hemp Ingestible Insurance

No insurance coverage equals an untrustworthy business deal you would see in The Wire.

And guess what? CBD edibles are not covered. Not even in the Ingestible Insurance program. Blocked again, suckers, by federal laws against CBD in food and drinks. Meanwhile, CBD oils and extracts are legal and covered.
With safe practices in mind, you are ready for

Step three…  rest, relax, and enjoy!

Research and create your daily CBD routine

It is up to you to do the research and find a trustworthy brand operating within the law. There are too many variables and unknowns in this budding young industry. Make the brighter choice for CBD products and purchase from companies like Rolling Acre who operate within the limitations and guidance of the federal law.

The bottom line: Stick to oils and tinctures.

If you are weary about where to start when choosing a CBD brand, avoid edibles!

CBD oils are a safer route if you are concerned with legality, safety, and reliability.

Although buying CBD infused drinks and edibles is illegal by federal standards, a savvy shopper can buy CBD oils or tinctures from a reliable source and can cook or bake with CBD oil at home, legally.

Did you pick up a new baking skill during Covid? Cooking at home a lot more? Why not try a new recipe (adding CBD oil) in the safety of your own home?

Learn more about choosing safe CBD products and how to incorporate CBD into your daily routine here.

Reader questions:

Are CBD gummies addictive?

Studies have shown that CBD is not addictive, but sugar certainly can be.  Rolling Acre promotes a healthy lifestyle, and to us that includes limiting processed sugars which are used to make gummies.  But you do you!  

Are CBD Gummies good for back pain?

CBD as a compound is all sorts of good for your muscles and nerves, as is CBG.  But, again, sugar is not part of a holistic regimen and the lack of regulation allows for inconsistency and unknown ingredients.  So we suggest ingesting CBD oil or CBG oil, or using a topical such as Rolling Acre's proprietary salve for quick relief.


Live Better. Live Brighter.