Question: Is it legal to buy CBD online and then resell it? A friend does it for “aches and pains.” She buys it for herself and her friends (they pay her). It’s a liquid they swallow. She doesn’t have a medical marijuana card, and neither do her friends.
Answer: No, according to the state Department of Health, which has developed an interim policy to address the growing number of over-the-counter products containing cannabidiol, known as CBD, being distributed and sold in Hawaii. CBD drops and oils are touted as health and beauty aids, and the department is concerned about the safety, labeling, health claims and quality of these untested products.
“It is illegal to add CBD to food, beverages or cosmetics for manufacture, distribution or sale in Hawaii. CBD is an FDA-approved active ingredient in a prescription drug and therefore is not approved for use in over-the-counter products,” said Janice Okubo, a spokeswoman for the Department of Health.
This is true even if the CBD is derived from hemp, which is no longer classified as a controlled substance under federal law, the U.S. Food and Drug Administration explains on its website, at 808ne.ws/1218fda.
CBD and THC are compounds found in cannabis, a family of plants that includes marijuana and hemp. THC has psychoactive effects, while CBD does not. Marijuana contains a lot of THC, while hemp contains very little. CBD can be extracted from either hemp or marijuana.
Hawaii’s interim policy aligns with FDA standards and regulations, Okubo said, and may evolve as federal policy does. You can read Hawaii’s policy at 808ne.ws/dohcbd, along with answers to numerous related questions.
“These products may be adulterated, contaminated or mislabeled. We want people to understand the potential risks,” Okubo said, adding that the Health Department is focused more on education than enforcement at this point.
Inspectors have told food establishments not to add CBD oil to smoothies, for example, but otherwise have not broadly ordered CBD products off shelves, she said. Severe illnesses or deaths due to ersatz CBD haven’t been reported in Hawaii, unlike in other states, she said.
The policy does not affect Hawaii’s licensed medical cannabis dispensaries, Okubo said. They may continue to produce and sell products containing THC and CBD, under state law and the Health Department’s oversight. Their customers hold medical cannabis cards valid in Hawaii; these are not considered over-the-counter sales. Approved products include capsules, lozenges, pills, oils and oil extracts, tinctures, ointments and skin lotions, transdermal patches and pre-filled and sealed containers used to aerosolize and deliver cannabis orally, the department said.
Regarding over-the-counter CBD products, the department said:
>> CBD has never been approved as an ingredient to be used in food, beverages or cosmetics in Hawaii.
>> Products containing CBD are not generally considered safe and could pose potential health risks. They might contain more or less CBD than labeled or be tainted.
>> CBD may not be sold as a “dietary supplement.”
>> CBD may not be marketed by asserting health claims because that would constitute prohibited misbranding or false advertising.
>> The Health Department regulates all cannabis- derived products (regardless of whether they are derived from hemp) consistent with the FDA’s approach.
The FDA will hold a public hearing May 31 to gather information aimed at updating its regulation of cannabis-derived products, including CBD. For more information about the hearing and to submit comments, go to 808ne.ws/fdafaq.
Write to Kokua Line at Honolulu Star-Advertiser, 7 Waterfront Plaza, Suite 210, 500 Ala Moana Blvd., Honolulu 96813; call 529-4773; fax 529-4750; or email kokualine@staradvertiser.com.
