CBD is a compound found in cannabis. Unlike THC, the psychoactive ingredient in marijuana, it can’t really get you high; it’s commonly used to treat chronic pain, anxiety, depression, arthritis, and epilepsy. That doesn’t mean regulators aren’t coming for it, though.
If the proposal is passed, retailers who carry products containing the compound will have to either destroy their goods, send them back to retailers, or surrender them to the regulators. This will affect dozens if not hundreds of head shops all over the state that sell CBD lollipops, gummies, oils, and even smoothies. They currently operate in a legal grey area where products are prohibited federally but CBD crackdowns rarely happen, to the point where most retailers feel comfortable offering them, provided the products contain only trace amounts of THC.
No timeline for the new protocol has been released. And since this isn’t a new rule, but rather an enforcement of existing federal law—which classifies CBD under the Controlled Substances Act—the decision won’t be up for review by the state legislature.
State law does have an exception for medical marijuana patients with epilepsy, who would be able to continue to access CBD products as treatment under the 2015 Compassionate Use Act. But the Compassionate Use program is fairly limited in scope. In order to qualify, patients must have already exhausted other treatment options and received a