Regulations around the sale and consumption of CBD vary widely, so the first step is to understand the regulations in the states where you do business, said Angela Spivey, a partner in Atlanta-based law firm Alston & Bird.
Currently 12 states — Washington, Oregon, Nevada, Colorado, New Mexico, Oklahoma, Missouri, South Carolina, North Carolina, West Virginia, Vermont and Rhode Island — have laws that explicitly allow hemp and hemp-derived ingredients to be added to food, Spivey said. California may soon join the list if legislation pending before the Senate becomes law.
“Some states specifically say CBD is not allowed in food as an additive,” Spivey said. “So in those cases we would advise restaurants not to add CBD-infused products to their menu. It really does come down to a state-by-state assessment and where the restaurant is located.”