Federal law first loosened in 2004 when the Hemp Industries Association challenged the Drug Enforcement Agency (DEA) on a proposed rule that would have prohibited the import of hemp seed and oils for processing and manufacturing in the U.S. The Ninth Circuit Court of Appeals struck down the DEA rule, allowing manufacturers to continue importing hemp for the creation of finished products like hemp-based foods, beverages and topicals. Although the decision allowed many product manufacturers to continue operating their businesses, the domestic cultivation and harvest of hemp remained prohibited. It wouldn't be the last time the Hemp Industries Association pushed back against the DEA.
For products made with CBD from hemp, even Colorado doesn’t require testing of the finished product. So any COA for those final products comes from testing the company arranged on its own. Though not all manufacturers take that step, many do, Lanier says. That includes even some companies that use imported hemp, such as CV Sciences, which makes Plus CBD Oil from hemp grown in Holland.
First, as I mentioned above, CBD products are technically still illegal in many areas, or they at least require a prescription for you to be able to possess them. Sadly, many people believe that it is legal to possess CBD products anywhere because they are made from hemp and contain little to no THC. Not only that, but HempWorx claims that it’s 100% legal to own these products anywhere. What they may not tell you however, is that just recently they stopped selling their products to people living in Canada. As this news article confirms, HempWorx claimed that it was 100% legal to use and possess their products in Canada, but after a government investigation, they quickly stopped selling their products to Canadians.
The heat is very much on CBD oil sellers these days as the FDA continues to crack down on companies selling “questionable” (to put it nicely) hemp-based products. In fact, since 2015 – when the FDA first issued warning letters to multiple CBD sellers – the industry has been forced to clean up its act, at least in terms of manufacturing operations and brand transparency.