At its March 23, 2022 public meeting, the PLCB rescinded its decision to allow licensees to sell consumable CBD products. Previously, at its June 23, 2021 session, the Board had granted permission for retail licensees to sell CBD products; similarly, at its December 15, 2021 session, the Board had granted permission for distributors and importing distributors to sell certain CBD products. According to an e-mail blast from the PLCB to all licensees sent on March 24, 2022, the decision to rescind approval of consumable CBD products was made after discussions with and at the request of the PA Dept. of Agriculture, which had indicated that the sale of CBD consumables is unlawful in Pennsylvania. The PA Dept. of Agriculture is following guidance issued by the FDA which concluded that under section 301(ll) of the FD&C Act, it is prohibited to introduce into interstate commerce any food to which has been added a substance which is an active ingredient in a drug product that has been approved under section 505 of the FD&C Act. CBD is the active ingredient in the FDA-approved drug Epidiolex and, therefore, it cannot lawfully be added to any food that moves in interstate commerce. This, prohibition, according to the PA Dept. of Agriculture, also applies to any food and beverages moving in intrastate commerce in Pennsylvania. Consumable CBD products are such things as gummies, edibles, non-alcoholic beverages and tinctures. Advisory Notice No. 9 (12th Revision) for distributors and importing distributors is available to view here: Advisory Notice No. 9 (12th Revision) .pdf (pa.gov).
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