If you’ve been to some bars in LA over the last three years, chances are you’ve seen someone order CBD cocktails. While it may not have been on the printed menu, bartenders have been adding CBD tincture to everything from mescal to gin drinks. However, that’s about to change.
California Bans CBD Cocktails
Governor Jerry Brown just signed the Assembly Bill 2014 which prohibits bars and other holders of the alcoholic beverage license from serving drinks with CBD or THC. Restaurants and bars that fail to comply will be ordered to pay a fine and could quite possibly lose their liquor or beer and wine licenses.
California: Pro-Cannabis but tough on CBD
Many find it strange – even shocking – that a state with a long history of being pro-cannabis could take such a strong stance on CBD. However, it’s not the first law to impact CBD. This summer the California Department of Public Health banned CBD in food & drink. This includes food served at restaurants as well as packaged foods. Both regulations lean on the fact that CBD remains unregulated by the FDA. If the FDA does start regulating CBD, perhaps the laws will change.
Nowadays you can find CBD in a wide selection of foods such as cake pops, brownies, chocolate bars and more. These new regulations could hurt all of these companies. The laws are limited to California, but the state is a huge market for CBD companies. It’s also interesting considering Coca-Cola recently expressed interest in CBD drinks.
The question is: will these regulations extend to CBD gummies? There are a lot of gummy CBD products like gummy bears, rings, and drops. We aren’t legal experts, but there could be some wiggle room. Gummies are “food”, but they could be categorized as a chewable gummy supplement.
Federal Law of CBD
Although you can no longer buy CBD cocktails in a bar, you can still buy CBD supplements across California.
CBD comes from the cannabis plant, and both marijuana and hemp can be classified as such. Most CBD, however, is made from the hemp plant, which by definition has less than 0.3% THC (the psychoactive compound). That’s why CBD is technically legal in all 50 states. We say technically because some states (not California) seem to ignore the federal law in favor of illegal crackdowns on CBD products.
Even though CBD cocktails are no longer served in California bars, the legislation could change. This may happen if the FDA starts regulating CBD. Because of decades of prohibition, there is still a need to improve general awareness regarding the benefits of CBD, the differences between hemp and marijuana, and why CBD and THC are different. The more people know the more they can push for CBD and hemp-friendly legislation. Additionally, with the 2018 Farm Bill, a lot could change.