The FDA is currently accepting information and comments on a public docket in an effort to gather information on CBD. As of July 25, 4,492 comments had been received.
Until further regulation, New Jersey eateries that serve CBD-infused food have the go-ahead as long as their products don’t cross state lines. Jeff Brown, the assistant commissioner of the Department of Health’s Medical Marijuana Program, said that doesn’t mean the agency, which also oversees food safety in the state, endorses the use of it.
“It’s important to note that the question is, ‘is it legal to add to food or not?’ We would maybe disapprove of drinks with high sugar content but they’re legal. Same thing here,” Brown said. “Maybe we wouldn’t advise consumers to just go hog wild to get food with CBD, but at the same time, there isn’t a New Jersey-specific law banning CBD in food. Therefore, retail firms are legally permitted to add CBD to food if it’s labeled as such and sold in New Jersey.”