Frequently Asked Questions

Hemp-derived CBD (under 0.3% THC) is federally legal under the 2018 Farm Bill. However, the FDA has not authorized CBD as a dietary supplement or food additive, creating a regulatory gray area. State laws add additional variation — some states have restrictions on THC content, product types, or sales channels. Check your state's current laws before purchasing.

The FDA's position is that CBD cannot be a dietary supplement because it was first studied as a drug (Epidiolex, approved 2018). This interpretation has prevented the agency from creating a supplement-specific framework. Congressional proposals to resolve this have been introduced but not enacted. In the meantime, the CBD market operates with minimal federal quality oversight.

At the federal level, there are no mandatory testing requirements for CBD products sold as supplements. Some states have implemented their own testing mandates. The industry standard for reputable brands is voluntary third-party testing: batch-specific COAs covering cannabinoid potency, pesticides, heavy metals, residual solvents, and microbial contaminants. Brands like Populum publish these for every product.

The trend is toward regulation, not prohibition. Multiple congressional proposals have been introduced to bring CBD under dietary supplement regulations. Several states have already implemented their own testing and labeling requirements. The question is when, not if, federal regulation will arrive — and how comprehensive it will be.

Buy from brands that voluntarily meet the standards regulation would require: (1) third-party batch-specific COAs from accredited labs, (2) CO2 or ethanol extraction, (3) CBD content within 10% of label claims, (4) cGMP manufacturing, (5) no disease claims. These brands won't need to change when regulation arrives.