CBD confusion: Washington cracks down on where it can be sold

SEATTLE -- Washington state is cracking down on some cannabidiol, or CBD, products found in food and drinks at your local grocery store or cafe.

The state said there's been confusion surrounding what's legal and not as CBD is found infused in water, soda, treats, dog treats, lotions and oils.

Since the 2018 Farm Bill declared hemp was not a controlled substance, the market exploded with hemp products. However, the FDA has yet to certify CBD, which comes from a hemp plant, as a legal food additive as it is still testing it.

In a clarifying notice, the state Department of Agriculture declared that it's not legal to sell CBD-infused food and drink outside of a state licensed marijuana retail store.

"What we're doing right now is an education and outreach effort because, understandably, there's some confusion about what's legal and not legal," Agriculture Department spokesman Chris McGann said.

He said the department is not ready to hand out fines for offenders, but is informing food processors and distributors to either remove CBD from the products or stop selling it altogether.

CBD-infused lotions and oils are still acceptable.

Since Washington state's crackdown, Oregon is the only Pacific Coast state still supporting selling CBD-infused food and drink in grocery stores and other establishments. Oregon said since hemp is not a drug, CBD cannot adulterate food.