CBD teas are gaining traction, but the regulations surrounding them remain complicated. Because CBD is a hemp-derived cannabinoid used in a food or beverage format, companies must consider both federal rules and state-specific laws. These layers don’t always match, making compliance an essential part of producing and selling CBD tea products.
Federal Compliance: What the FDA Allows
Farm Bill vs. FDA oversight
The 2018 Farm Bill legalized hemp and hemp-derived CBD with up to 0.3% delta-9 THC, but it did not legalize CBD in food or beverages. The FDA determines whether cannabinoids can be used in ingestible products, and it currently does not permit CBD to be added to:
- Conventional foods or drinks
- Dietary supplements
CBD is restricted in supplements because it is already used as the active ingredient in the FDA-approved drug Epidiolex. Only hemp seed–derived ingredients—hemp seed oil, hulled hemp seeds, and hemp seed protein—have been recognized as safe for food use, and these contain almost no CBD.
FDA enforcement focus
The FDA has not yet created a regulatory pathway for CBD beverages, but it regularly issues warning letters to companies selling CBD drinks and teas that:
- Make medical or disease claims
- Use misleading or incomplete labeling
- Lack adequate safety and testing documentation
The agency also highlights safety concerns, such as possible liver effects and interactions with medications.
THC and cannabinoid considerations
Federal attention on intoxicating hemp derivatives is increasing. As new policies develop, limits on total THC and other cannabinoids in consumer products may tighten, making proper formulation and testing essential for CBD tea brands.
Key FDA-Oriented Practices for CBD Tea Brands
Even without formal approval, responsible manufacturers treat CBD teas like conventional food products. Common best practices include:
1. Following food-grade manufacturing standards
Producers of ready-to-drink teas or infused tea bags should follow Good Manufacturing Practices (GMPs), maintain clean facilities, and document food safety procedures.
2. Comprehensive product testing
Testing should confirm CBD potency, total THC, and the absence of contaminants like heavy metals, pesticides, and microbes. Batch-specific Certificates of Analysis (COAs) are widely expected and required by many states.
3. Accurate, compliant labeling
Labels should include ingredients, serving information, net contents, and manufacturer details. Claims must be non-medical; statements that suggest treatment for anxiety, sleep disorders, or pain can trigger FDA enforcement.
State-Level Rules: Where the Variability Happens
While the FDA sets the federal baseline, state law determines whether CBD teas can be sold. Each state has its own approach to hemp-derived ingredients, cannabinoid limits, and infused beverages.
Examples of state differences
- New York: Requires manufacturers to register, test products, follow strict labeling rules, and restrict certain ingestible products to adults 21+.
- Colorado: Regulates intoxicating hemp compounds and restricts products containing synthesized cannabinoids.
- Iowa, Minnesota, and others: Set THC-per-serving limits for hemp beverages.
- Texas and various states: Frequently consider more restrictive rules for cannabinoid drinks.
Common state requirements
Most states that allow CBD beverages require:
- Third-party testing
- Batch COAs
- Packaging that doesn’t appeal to minors
- Age restrictions, often 21+
- Product registration or licensing
- Clear THC and CBD labeling
Online sellers must pay close attention to destination-state rules, as shipping CBD teas into non-compliant states can result in violations.
Bottom Line
CBD teas operate under a mix of federal restrictions and state-level rules that vary widely. Federally, CBD remains unapproved in foods and beverages, while states determine what is realistically allowed on store shelves. For brands, compliance depends on reliable testing, careful labeling, and understanding each state’s laws. For consumers, choosing products with transparent COAs and compliant packaging provides the safest path in a changing regulatory landscape.