IDPH Position Statement on CBD Product Availability in Iowa

The Department of Public Health (Department) has received a number of inquiries about the legality of CBD products currently sold in the state of Iowa. It is the position of the Department that CBD products are not legal in the state of Iowa, with the following four exceptions:

1.      The following appropriately prescribed, FDA-approved drugs: Marinol, Syndros, Cesamet.

2.      Epidiolex, produced by GW Pharmaceuticals, which has been approved by the FDA but is awaiting action by the Drug Enforcement Administration of the Department of Justice.

3.      Sativex, produced by GW Pharmaceuticals, as part of an FDA-approved clinical trial.

4.      Products produced and approved pursuant to Iowa Code chapter 124E, the Medical Cannabidiol Act, that contain less than 3% tetrahydrocannabinol (THC) and are in a form recommended by the Medical Cannabidiol Board, approved by the Board of Medicine, and adopted by the Department pursuant to administrative rule (see 641—154.14(124E) for the approved forms).

Products manufactured in the state under the provisions of Iowa Code chapter 124E will be available at Department-licensed dispensaries only, starting in late 2018.

The Department’s authority under Iowa Code chapter 124E does not extend to regulation of the sale or use of the types of CBD products that may be currently available at retailers throughout the state.  Consumers of these products should be aware that these products have not been approved for use under either a federal or state of Iowa regulatory program. Agencies with enforcement authority in this area include the federal Drug Enforcement Administration, the federal Food and Drug Administration, county attorneys and law enforcement agencies.

For additional information, please contact: Sarah Reisetter, IDPH Deputy Director,

sarah.reisetter@idph.iowa.gov, 515-201-0926.