WSDA begins licensing foods made with hemp seed

Kathy Davis
Communications 

WSDA’s Food Safety Program last month began licensing foods made with hemp seeds. Only foods made with sterile hemp seeds, with low THC levels and no CBD will be allowed under manufacturers’ general food processing licenses. 

THC is short for tetrahydrocannabinol – it’s the psychoactive chemical in cannabis that makes users high. CBD is cannabidiol, another chemical in cannabis that’s not psychoactive and is used for relief of pain, anxiety and other conditions. CBD food products, including nutritional and dietary supplements, are not allowed under Washington state law. 

Because cannabis – marijuana and hemp – is listed as an illegal drug under the federal Controlled Substances Act, WSDA Director Derek Sandison directed the Food Safety Program to research the legality of allowing hemp seeds in food products. 

“The issues around use of hemp and marijuana plants can be confusing,” noted Mike Tokos, assistant manager of the Food Safety Program. “It can be kind of a gray area.” 

Individual states, such as Washington, have legalized recreational marijuana use through citizen initiative. Also, the 2014 federal farm bill specifically allows states to establish pilot research programs for growing and processing industrial hemp. 

Upon studying information from the U.S. Food and Drug Administration, Drug Enforcement Administration, and Department of Agriculture, the program determined that these federal agencies do not restrict the use of sterile hemp seeds with THC levels at 0.3 percent or less. 

Companies using hemp seeds in or as food will need to file an amendment under their current food processing license with WSDA. 

Food products made from hemp seeds – also called hemp nuts – include energy and breakfast bars, granola, butter and milks. The seeds can also be ground into flour or meal and be used in breads and other baked products. 

The advocacy group Vote Hemp, along with the Hemp Business Journal, estimate the 2017 retail value of hemp seed foods in the U.S. was $129.3 million. 

According to Mike, the Food Safety Program will not be actively investigating hemp foods on the market in Washington for the time being. However if staff finds a food product that does not meet state standards, especially when THC or CBD levels are a concern, investigation and compliance action could result.

In summary: Our Food Safety Program has begun licensing foods made with sterile hemp seeds. Read about the how and why on the Insider blog.