Curious about the best CBD cream for pain? The California Department of Public Health, the regulator of CBD products, has some critical information for individuals wishing to buy CBD oil or topicals.
CBD in California is regulated by the California Department of Public Health (CDPH). The CDPH has authority over the production and sale of CBD products. However, the CDPH is beholden to federal law surrounding CBD, the Food and Drug Administration (FDA).
Another point to consider is that, in California, people can purchase CBD products with THC thanks to Proposition 64. However, CBD with low THC, also known as industrial hemp, is, technically, restricted.
The legality of CBD topicals in California is murky. Read on to see how the CDPH treats the production and sale of hemp CBD topicals and how that might change in the future.
CBD is not THC
Anyone familiar with cannabis knows that CBD and THC are entirely different chemicals, with varying concentrations depending on variety and where in the plant they are found.
In California, there is a bit of a paradox occurring with CBD products, particularly topicals. In 2016, California legalized the sale of marijuana for recreational use with the passage of Proposition 64. This allowed, amongst other things, for THC-infused topicals to be sold legally.
However, Proposition 64 did not include products harvested from industrial hemp, which is low – less than .03% THC and is used in many everyday products that are not covered by the CDPH and the FDA. CBD topicals with low THC, or hemp topicals, come from these industrial hemp plants.
Since Prop 64 did not cover industrial hemp, then food, beverage, and cosmetic products containing industrial hemp such as pure CBD oil for pain are still prohibited.
Topicals versus Other CBD Products
Enforcement of CBD regulations by the CDPH begins to vary when talking about CBD topicals versus CBD that is in food or beverages. This is because the CDPH has followed the lead of the FDA.
The FDA, until very recently, has treated hemp as part of the Controlled Substances Act. Although it is no longer considered a controlled substance, the FDA still forbids the use of CBD in food and beverages.
However, when it comes to topicals, the FDA is less clear. Technically, topicals are considered a cosmetic, and the FDA could enforce regulation and restrictions on CBD topicals. But the FDA, and therefore the CPDH, have chosen to remain opaque regarding CBD in topicals.
California Public Health Department and Cosmetics
The California Sherman Food, Drug, and Cosmetic Act allows the state control over the regulation of cosmetics, which includes CBD topicals. Yet the state continues to follow federal guidelines.
Therefore, its all in the marketing. Hemp CBD topicals that market themselves as a product that seems to be more in line with THC products – like a drug, technically – could face restrictions and enforcement.
Yet the CDPH has taken a taken a passive approach to hemp CBD topicals. There has yet to be any evidence of enforcement pertaining to these products, although this is subject to change.
Should Californians who use, say, cbd pain relief rub for their ailments be concerned? Likely not, according to many lawmakers currently working to change the verbiage surrounding hemp CBD products. New legislation is in the works to remove hemp from the Sherman Act.
Proposed legislation in the form of AB-228 is currently under debate which, if passed (and it likely will as it passed through the House without a single nay vote), will deem cosmetics and food with industrial hemp, not adulterated, and therefore safe for human consumption or topical use.
Conclusion
While the CDPH could technically enforce restrictions on hemp CBD topicals in the marketplace, they currently are not and do not seem likely to do so. The FDA guidelines surrounding industrial hemp and its derivatives are very general, allowing the CDPH a flexible interpretation of how their state views CBD topicals.
Considering the positive current climate of public opinion surrounding hemp CBD, users of the CBD creams and oils in California should be excited about what the future holds.
