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With cannabis legalization very much afoot in North America, it’s no surprise that retail chains are hopping on board, and Lucky’s Market are at the forefront…

The Colorado-based chain, backed by Kroger, just announced that it is adding around 12 CBD products to its apothecary shelves nationwide. The move once again raises questions when it comes to the legality of cannabis and cannabis-derived products like CBD. 

Vincent Sliwoski, a cannabis law attorney and professor in Oregon, told reporters, “This is just about the grayest of gray areas as far as federal law and policy. I think the DEA’s even confused about it.”

At the same time, Mark Slaugh, former executive director of the Cannabis Business Alliance, said, “The FDA is the bigger issue around hemp oil and CBD oil. That’s why Target backed out,” noting that Target had introduced a small amount of CBD products recently, but pulled them from the shelves soon after.

Lucky’s Market, according to Silwoski, is in a gray area when it comes to stocking CBD products,  “If the CBD were imported it could arguably be legal, Maybe they could prove all their source material was from China or somewhere else. That would have to be their affirmative defense and it would end up being litigated,” he said.

Sliwoski also commented on the loophole in the law  that food and supplement companies enjoy,  “Once you start claiming CBD is an active ingredient, are you getting into the realm of a regulated drug? I think that’s the great debate. These folks aren’t held to food, nutraceutical, or drug manufacturing standards.”

While it remains to be seen how things will go with this new product initiative form Lucky’s Market, it is a step in the right direction, especially for customers who wish to purchase holistic CBD products for medical use.

[Image credit- Flickr]

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