First of all — this article is a research article only! Do not, in any way shape or form, rely on this instead of actual legal council.
So, we recently had a client ask us a simple question, “What needs to be on my CBD label”. This is a very loaded question, considering the laws differ from state to state & not all CBD oil is distributed under medical legislation.
We did, however, find quite a bit of useful information during our research that can be found below.
1: Medical CBD is packaged different from state to state.
Some states where CBD is legal to distribute, there are actually very specific laws to follow that anyone can find on a legislative website. These regulations tell companies what can and can’t be on the product label. These regulations will be established in Georgia sometime this year.
2: Some companies avoid the laws all together & sell it as a dietary supplement.
This is the “work-around” that has been used in many states to get products on shelves. Companies just have to follow the regulations for packaging of dietary supplements, but this is a “Grey area” we would advise companies to avoid.
3: Some states do not allow companies to put CBD on the bottles.
4: Measurements of THC percentages are extremely inaccurate.
Due to the lack of licensed testing facilities in the industry, inaccuracy of content is prevalent within these products.
5. Some states use QR codes as a label regulation
In Indiana, CD manufacturers must provide a QR code on their bottles. This code links to lab results for each product & also provides documented informations about the ingredients of the product.
6. There are only 3 states that do not allow any form of CBD as of today, medical or otherwise.
- Idaho
- Nebraska
- South Dakota
7. Georgia CBD Medical packaging laws
In Georgia CBD Oil must be sold “in a pharmaceutical container, and the label must clearly state the percentage of THC,” according to Haleigh’s Hope Act. Patients in the Peach State can have less than 20 fl. oz. of “medical marijuana oil” that can only contain up to 5% THC. Georgia doesn’t dispense oil, so cannabis businesses can market their CBD hemp oil in the state. – https://marijuanapackaginglaws.com/state/georgia-marijuana-packaging-laws/
8. Even though medical CBD has been legal in Georgia since 2015, it seems that the production and sale of the product ‘in state’ was just passed last month. The previous laws only seem to have protected individuals possessing the product.
https://www.ajc.com/news/state–regional-govt–politics/medical-marijuana-dispensaries-bill-passes-georgia-house/TiRIqJOF7ogWvhe8sK0JaO/
9. The Farm bill was mainly for Industrial Hemp
Quite a few people think that the Farm Bill made CBD federally legal. This is a misunderstanding that comes with quite a few strings attached. The farm bill only removes the schedule 1 drug status from CBD products derived from industrial hemp.
Again this article is not meant to be advice or legal council in any way, but just act as an informative article hopefully. This industry is absolutely the current merchandiser equivalent of the wild west, and definately skates a fine-line of what is federally / locally okay to do without repercussions.