CBD Vaping Regulatory Status is Unclear

CBD Vape Products in Undefined Limbo


CBD vape products are undefined and unregulated right now – as far as the FDA is concerned.

“Various statements published on the FDA’s website (here and here) seem to suggest that the agency currently refuses to interpret “tobacco products” so broadly as to include products free of nicotine or tobacco.

Accordingly, it seems unlikely that CBD Smokables devoid of these substances would be considered “tobacco products.”

Original Source: Canna Law Blog  www.cannalawblog.com

But of course, who knows?

CBD Vape – Hybrid Products

disposable cbd vape pen

CBD vapables are a bit of a red-headed step child right now. They are closely associated with e-cigs, but they contain no tobacco or nicotine.

Many people with all sorts of issues are vaping CBD for instant relief. Basically, they are a non-addictive delivery method for CBD.

But of course the FDA has not been exactly proactive about defining and regulating CBD in the first place.

Add to that the recent, sudden departure of FDA head, Scott Gottlieb, and the future definition and status of CBD vape products is even murkier. This will certainly delay any decisions about the CBD tsunami.

Will CBD vape pens, vape oils, dab waxes and flowers be considered as tobacco products under the TCA (Tobacco Control Act) or drugs under the FDCA (Food Drug and Cosmetic Act) probably the former, but who knows?

FDA:  Lack of Foresight and Now – Leadership

Gift shop selling CBD
Tee Shirts, Henna Tattoos and CBD

CBD is exploding onto the scene like nothing before it, and the FDA is seemingly paralyzed with inaction. Aside from warning about making specific claims about the effects of CBD, little has been done to provide guidance for the industry or protection for the consumer.

One major event is the FDA approval of Epidiolex for the treatment of seizures.  It’s the first official CBD pharmaceutical and is rightly heralded as a watershed moment for cannabidiol.

Aside from this, apparently we will have to wait awhile for regulations on CBD and hemp-derived vape products. This is a shame because there are a lot of unscrupulous producers making some very sketchy CBD vape products.

The conscientious manufacturers are fairly screaming for FDA guidelines to shake out the bad actors before the whole industry gets a black eye.

The best are following best practices and self-regulating as they try to anticipate the eventual rulings.  The worst are grabbing a quick buck while they can.

C’mon, FDA, do your thing already so we can have safety, standards and legitimacy for CBD/hemp vape products.


John Astrab


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