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CBD Oil in Alcoholic Beverages

In Late April, the Federal Alcohol and Tobacco Tax and Trade Bureau (“TTB”) issued a notice on the addition of CBD oil to alcoholic beverages. For reference, TTB must approve all new formulas of alcoholic beverages sold in the US, even if sold only within a single state.

Notably (and not surprisingly) TTB has taken the position that until the FDA weighs in on CBD as a food ingredient or additive, it will not approve any formulas for alcoholic beverages containing CBD.  

TTB also took a relatively odd position, given the 2018 Farm Bill’s complete rescheduling of hemp, that products containing only hemp seed oil or hemp seeds are not subject to the ban.  This is a remnant of the DEA’s position prior to the Farm Bill, that certain parts of the hemp plant were not a schedule 1 drug.

The link to the full notice.

For more information contact our partner Nichole Geary.

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