“You probably already know that we’re fans of all things groovy — think: Half Baked and Dave Matthews Band Magic Brownies,” the company wrote in a statement on its website. “So it’s no surprise that we can’t wait to get into the latest food trend: cannabidiol, or CBD. We are committed to bringing CBD-infused ice cream to your freezer as soon as it’s legalized at the federal level.”

The Vermont-based ice cream chain announced this week it has plans to bring CBD-infused ice cream to freezers nationwide — but not until the federal government says it’s OK.


The Food and Drug Administration prohibits the use of CBD in food, beverages, and dietary supplements, though companies nationwide continue to test those limits. Because of the ever-changing marijuana laws across the country — and the lack of regulation of CBD products — CBD’s legality has remained a gray area for most, particularly since the signing of the 2018 Farm Bill.

The Farm Bill, which President Trump signed into law in December, legalized hemp, a type of cannabis plant that has less than 0.3 percent THC (the compound that can make you high). As a result, any CBD that is derived from hemp is now legal, as well.

With the signing of the new law, hemp was taken off the list of Schedule 1 substances under the Controlled Substances Act — where marijuana remains — and was placed under the jurisdiction of the US Department of Agriculture. Now, the USDA is building regulations for the agricultural hemp industry and determining guidelines for approving state-submitted hemp plans.

In the meantime, the FDA is gathering information about possible uses, benefits, and effects of CBD. A public hearing hosted by the FDA Friday attracted more than 500 attendees in person and 800 more who joined in remotely. The agency is also taking public comments online until July 2.


For advocates touting the effects of CBD, the legalization of hemp is a chance for the government to — once and for all — clear up the legality of CBD and give companies like Ben & Jerry’s a chance to jump into the market.

“Prior to the 2018 Farm Bill, population-based research mostly included cannabis-focused observations in aggregate, rather than specific to CBD,” Acting FDA Commissioner Ned Sharpless said in his opening remarks at Friday’s public hearing. “When hemp was removed as a controlled substance, this lack of research, and therefore evidence, to support CBD’s broader use in FDA-regulated products, including in foods and dietary supplements, has resulted in unique complexities for its regulation, including many unanswered questions related to its safety.”

Ben & Jerry’s CEO Matthew McCarthy said in the statement that the company is doing this “for their fans” but also wants to do more than just follow the CBD trend.

“But just chasing a trend isn’t quite enough for us,” the company wrote. “We want to use sustainably-sourced CBD from our home state of Vermont. After all, values-led sourcing is an important part of our process when we churn up new ice cream innovations.”

Felicia Gans can be reached at felicia.gans@globe.com. Follow her on Twitter @FeliciaGans.