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When asked how inspectors determine the difference between legal industrial hemp foods, which have some naturally occurring CBD in them, and CBD food products that are illegal per the state, Orange County officials said they’ll be relying on how the products are promoted. If they see a restaurant advertising CBD as an ingredient in any item on the menu or for sale in the store, Good said they’ll make the facility pull that product.

It’s up to the California Department of Public Health to take action against wholesale food manufacturers, processors and distributors using CBD in their products. State health officials said via email that they haven’t identified any such products to date.

But Bill Acevedo, an attorney who leads the cannabis branch of Oakland-based firm Wendel Rosen Black & Dean, said he believes many companies let themselves get caught up in the excitement of the industry’s tremendous growth. He said some seem to have plowed forward in promoting hemp-based CBD products hoping to ask forgiveness rather than permission so they could avoid the same level of regulations and taxation faced by companies making CBD products from marijuana.

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The pink menus at Coffee Dose, a Costa Mesa coffee shop, list lattes infused with trendy ingredients such as tumeric powder and grass-fed butter.

There’s no established limit for naturally occurring CBD in hemp seed oil. And no regulatory agency is currently overseeing production of hemp-based CBD oil.

The Castros were on vacation when county health officials stopped by in response to an anonymous complaint. Inspectors didn’t issue any fines or seize the CBD products at Coffee Dose, instead giving the Castros a chance to return the drinks to the manufacturer and to take the bottles of oil home for personal use.

“I don’t think they really thoroughly grasp what CBD is,” said attorney Cisneros, pointing out it’s the same molecule no matter what type or portion of the cannabis plant it comes from.

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