Consumer CBD Products: How They Are Regulated

Laws change; this is not legal advice

This page explains how regulators describe consumer CBD (cannabidiol) products, meaning items sold outside the prescription system. It reports what the regulators said on the pages we read on 2026-10-22. It does not tell anyone what they may buy, sell or carry. For the prescription drug, see prescription cannabinoid medicines. For product types and labels, see CBD products, forms and labels.

United States: what the FDA says

• Hemp status is not the end of the question. The FDA says that even if a CBD product meets the 2018 Farm Bill's definition of hemp, it must still comply with all other applicable laws, including the Food, Drug, and Cosmetic Act. [1] Whether selling a CBD product is lawful depends, among other things, on its intended use and how it is labeled and marketed. [1]
• Not a dietary supplement. The FDA has concluded that THC and CBD products are excluded from the dietary supplement definition. [1]
• Not an added food ingredient. The FDA says it is prohibited to introduce into interstate commerce any food, including animal food or feed, to which THC or CBD has been added. [1] Food and cosmetic details are on food and cosmetic rules for cannabinoids.
• Health claims. Selling unapproved products with unsubstantiated therapeutic claims violates the law and can put patients at risk, the FDA says. [1]
• Date caveat. The FDA Q&A we read was "current as of" July 16, 2024. [1] A 2020 FDA consumer update says it is currently illegal to market CBD by adding it to a food or labeling it as a dietary supplement. [2] We did not find or read a newer FDA rule; the FDA's position may have changed.

This describes federal marketing law, not whether a particular store or state allows a sale. The FDA notes it is in communication with state and local officials, who are fielding many questions about the legality of CBD. [1]

Interaction with the new hemp definition

Under the amended hemp definition scheduled for November 12, 2026, CRS says final hemp-derived cannabinoid products with more than 0.4 milligrams combined total THC and similar cannabinoids per container are excluded from hemp. [3] Whether a given CBD product would be affected depends on its testing and the final rules; see hemp legal definitions.

What the FDA says about safety

These are federal safety statements, not product advice:

• The FDA has seen only limited data about CBD safety, and the data point to real risks. [2]
• CBD can cause liver injury and can affect how other drugs work. [2]
• Some CBD products are marketed with unproven medical claims and are of unknown quality. [2]

See cannabinoids and the liver and adulterated and mislabeled products.

European Union

In November 2020 the Court of Justice of the European Union concluded that CBD should not be considered a narcotic drug under the 1961 Single Convention. [4] The European Commission therefore considered that CBD, with no significant use as food before 15 May 1997, would be a novel food. [4] In 2022 the European Food Safety Authority's panel concluded that the safety of CBD as a novel food cannot currently be established. [4] Its reasons included data gaps and animal studies showing significant reproductive toxicity. [4]

We did not verify the later status of EU applications or national rules in individual countries.

Other countries

Not verified on this page. See cannabis and CBD laws by country.