Here’s Why Ben & Jerry’s Isn’t Selling CBD-Infused Ice Cream Quite Yet – LPC

Ben & Jerry's isn't selling CBD-infused ice cream yet. Ben & Jerry’s wants to sell you CBD-infused ice cream, but it can’t quite yet. That’s because of the muddled laws in the United States around what can and can’t be sold over state lines.

“We are committed to bringing CBD-infused ice cream to your freezer as soon as it’s legalized at the federal level,” the company said in a statement.

In fact, CBD is already been legalized to a certain degree. Last December, the US government legalized hemp and in turn CBD products derived from hemp with less than 0.3 per cent THC. However, there are many restrictions on the sale of CBD products, including rules restricting sale over state lines. This is primarily due to the US Food and Drug Administration’s (FDA) stance that CBD-infused food includes what is essentially an active ingredient in some drugs.

The FDA also isn’t happy with companies who claim the health benefits of CBD.

“Selling unapproved products with unsubstantiated therapeutic claims is not only a violation of the law, but also can put patients at risk, as these products have not been proven to be safe or effective,” the FDA wrote.

To complicate matters, every state seems to have its own laws around hemp as well. In Vermont, where Ben & Jerry’s makes their famous ice cream, hemp can be “grown as a crop, produced, possessed, and commercially traded in the state.” These rules aren’t always enforced, but the international company isn’t taking chances with its CBD-infused ice cream quite yet.

CBD Products Like CBD-Infused Ice Cream “Hot” Trend

Ben & Jerry’s wants to introduce its CBD-infused ice cream ASAP to catch hold of the “hot” trend of CBD-infused products. “CBD is one of the hottest culinary trends right now,” said Candice Jacobson, a spokesperson from Carl’s Jr. The company tested a CBD-infused sauce at its Denver, Colorado stores in April.

Cannabis wellness products are also exploding, despite the FDA’s disapproval. Cannabis beverages are on the rise. Even high-end stores like Neiman Marcus are selling cannabis-based beauty products. Ben & Jerry’s wouldn’t even be the first CBD-infused ice cream on the market.

In Canada, anything other that dried cannabis is still illegal. Health Canada has said edibles, topicals, and extracts will be legal no later than October 17, 2019. The agency released proposed regulations in December.

Even when it is legalized in the US, it’s unclear whether or not Ben & Jerry’s CBD-infused ice cream will even make it to Canada. Strict importation laws may make it illegal to bring CBD products into the country except under certain circumstances.

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  1. Angela

    Edibles that will be legal in Canada must be shelf stable at room temperature. Infused ice cream, for the time being will not be allowed in Canada

    1. LPC News Editor Listing Owner

      Hi Angela,

      That’s interesting — I forgot about that stipulation. I did a bit of research, and I found that one company in Calgary already as a cannabis-infused ice cream — albeit illegally.

      I wonder if it’s possible to create a shelf-stable ice cream though. The definition, as far as I can tell, is that it the item has to be safe to store in a sealed container at room temperature. As long as you meet that standard, I would think, it’s okay if you actually serve it frozen.

      Ice cream is one of the many things Health Canada is looking at, I’m sure.