Which States Prohibit Selling CBD in Food?

One of the biggest consequences of the legalization of cannabis in many U.S. states has been the proliferation of Cannabidiol or CBD. In states where cannabis has been fully legalized (such as Colorado and Michigan), bulk CBD is now commonly sold and consumed in a variety of forms, including food and beverages. But what does the federal government have to say about all this? Is it legal to sell CBD in food? Here’s what you need to know.

Is It Legal to Sell CBD In Food?

The Food and Drug Administration (FDA) has not yet officially recognized CBD as a safe additive to food products. As a result of this federal policy, there are a handful of states that have officially made it illegal for companies to produce or sell cannabidiol in food products to consumers.

States That Have Banned CBD Edibles

The four states that have banned CBD in edibles or other food products are:

  • Maine
  • North Carolina
  • Ohio
  • New York

To understand why let’s take a quick look at each case.


Considering the fact that recreational cannabis consumption has been legal in Maine since late 2016, it’s fairly surprising that the state has taken steps in recent years to ban the manufacture and sale of edible CBD products.

New York

The New York Department of Health recently released a statement on the issue of adding CBD to food – here’s a sample: “Until cannabidiol is deemed safe as a food additive, the Department is ordering restaurants not to offer products containing CBD.”

North Carolina

Despite the success of the state’s “Industrial Hemp Pilot Program”, an official of North Carolina’s Department of Agriculture and Consumer Services recently sent out a letter to businesses warning about the illegality of selling food products containing CBD.


Cannabis dispensaries have been open for business across Ohio since January of 2019, but CBD remains tightly controlled and regulated by the state. As a result of federal policy, residents of Ohio must have a valid state ID in order to obtain CBD products within state boundaries.

As long as the FDA continues to oppose the unregulated sale and consumption of cannabidiol, the future of edible CBD in the four states listed above is unclear. There is one thing, however, that remains certain: as our understanding of cannabis continues to grow, the tide of acceptance – and legalization – can be expected to continue to spread across the country.

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Interesting Reads: 

What is CBD (Cannabidiol)?


Cibadol – The Science of CBD

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