CBD is sweeping the nation and is now appearing in various sports nutrition products on the dietary supplement market. And several unique legal and regulatory complexities surround CBD in products specifically marketed to athletes and fitness enthusiasts.

The Agricultural Improvement Act of 2018 (the “2018 Farm Bill”) exempted “hemp” from the definition of “marihuana” so that cannabinoids derived from hemp are no longer controlled substances under federal law. The law sets the THC limit for hemp as “not more than 0.3%on a dry weight basis.” So, CBD derived from hemp is legal under the federal Controlled Substances Act.

However, FDA maintains that CBD is not a dietary ingredient, dietary supplement or food additive. For one reason, CBD isolate was studied as a new drug and “substantial clinical investigations” were instituted and “made public,” leading to the approval of the drug Epidiolex.

CBD oil and other cannabinoids may have benefits to athletes, either as a pre-workout supplement to improve focus or as a recovery supplement to help reduce inflammation, lower delayed-onset muscle soreness, support muscle and joint health, or lower stress and anxiety. But the sports nutrition market, typically rife with early adopters, has been slow to adopt CBD. But as the sports nutrition market has continued its expansion to active lifestylers, CBD appears to be finally taking off.

To learn more check out Innovation from the SupplySide East community, 2020 – digital magazine.

Check out the CBD in sports nutrition – webinar now on demand with featured speaker Rick Collins. 

Rick Collins is legal counsel to the International Society of Sports Nutrition (ISSN). He’s also a former Nassau County assistant district attorney, is a current partner at Collins Gann McCloskey & Barry PLLC, and is president of the Nassau County Bar Association.