“The issue is that the farm bill that passed in December of last year took hemp and hemp-derived products off Schedule 1 for the DEA,” explained Payne. “It had been regulated the same way as marijuana and other drugs. [In the past] If you got caught with a suitcase full of hemp, it was the same thing as being caught with a suitcase full of marijuana, you were going to go to jail for a long time. That has now changed. Hemp cultivation and deriving products from hemp is now not illegal, but it’s also not completely legal. There’s a patchwork of state laws now. The problem is they passed this law, and then we had a government shutdown. Before that happened, FDA issued a statement saying, “We get first crack at regulations.” So what that means is, food and supplements that have CBD are not yet legal as far as the FDA is concerned. Some states have prohibitions on advertising CBD products, some broadcasters have prohibitions on advertising CBD products, or using CBD logos on broadcasts. Yes, logos have been seen on TV before, but just because we have speed limits doesn’t mean no one speeds. What we’re waiting for—and we’re working with people in Washington D.C daily—is to get them to make regulations over these products as soon as they can, so people who want to take sponsorships can. We don’t take a position on using the product, we’re just waiting for the law to catch up.”

You can learn more on the FDA's position through this link.

Those are the main issues right now—it’s legal for racers to use it, they just can’t advertise it at the races. They can also run logos or promotions away from the track, such as on social media, though, as Feld doesn’t have any control nor an opinion on that. It would be good if Reed and Wilson, who have some of the largest social followings in the sport, can keep their sponsorships for now. However, it wouldn't be surprising to see more money to more teams and riders flowing into the sport if logos can go back on the bikes and gear, and brands could get mentioned on the podium.

So, in that case, how long until the advertisement of these products becomes legal? It could be a while. Nothing in Washington comes quickly, and there’s a chance CBD oil gets caught in an even deeper quagmire.

“The problem we have is that the FDA just announced they’re going to reexamine the way they regulate dietary supplements,” says Payne. “A lot of these CBD products are packaged, sold, and promoted as dietary supplements. If that falls under this regulation, it could take a while. The original dietary supplement laws took years to pass, and people sued everybody over what they meant. This is not going to be a process that’s going to finished this season.