GRAND TRAVERSE COUNTY, Mich. (WPBN/WGTU) — A Traverse City business must stop selling one of its most popular items after getting a cease and desist letter from the county health department.
Espresso Bay was told they could not sell any food or drinks with CBD oil in it, just weeks after we highlighted their menu in our 7&4 News Special Report.
The FDA removed hemp from the controlled substances list last year, meaning its now legal under federal law.
But it turns out CBD oil, which is derived from hemp, still has strict rules for how it can be sold and marketed.
â€śWe’ve only had amazing feedback from everyone thatâ€™s tried it,â€ť said Dan Guy, owner of Espresso Bay.
He added CBD oil infused lattes to his menu after seeing success with the product himself.
But now, even though the oil is legal, theyâ€™re being told they must stop.
â€śAt this time from the state, anything thatâ€™s containing CBD, an oil that contains CBD, cannot be added to food,â€ť said Dan Thorell, Environmental Health Director for the Grand Traverse County Health Department.
According to the FDA, it’s because CBD is an active ingredient in an approved drug, which makes it different than other dietary supplements.
â€śSo basically that regulation states that you cannot add active ingredients from regulated drugs into the food supply,â€ť said Thorell.
Forcing Espresso Bay to restructure their menu, now only being able to serve CBD oil on its own.
â€śItâ€™s been a little frustrating working through these difficulties,â€ť said Guy. â€śBecause we have people every day that come from all over northern Michigan.â€ť
The health department says it’s just enforcing the law, and it likely won’t always be illegal in food.
â€śI believe that it will change but itâ€™s going to take some time,â€ť said Thorell.
Something Espresso Bay is hoping happens sooner rather than later.
â€śIâ€™m really hoping that someday the regulations will change and we can infuse it back into the drinks,â€ť said Guy.
The Grand Traverse County Health Department says right now they are looking into all of the places they inspect to make sure they’re not serving any food or drink with CBD.
The Health Department says if you have an idea to create a product with anything unusual, Check with them first before you invest time and money, just to make sure it’s completely legal.