Several state and local governments have defied this by passing laws to the contrary, or by merely declining to enforce the FDA’s rule since the FDA has no police force of its own.

But so long as the situation remains murky, many retailers won’t carry ingestible products explicitly labeled “CBD.” Calling CBD-infused gummies “hemp gummies” is still accurate since they are made partly from hemp, but opens them to retail venues that might shrink from the “CBD” label.