The FDA, however, could just ignore CBD. “I think that’s what they’ve been doing," she said. “You look around and there’s CBD everywhere.” The agency can also choose to selectively enforce the statute. “There are plenty of examples of them doing that. For instance, you can bring a month supply of an unapproved drug into the country for personal use,” she said. "But [selling food with CBD] is risky. The FDA could decide to make an example out of someone.”