Nevada County cracks down on CBD


Nevada County, California.

Several Nevada County stores were forced to remove CBD products from shelves on the morning of March 14th.

Briarpatch Coop was one of those affected.

Found at Briarpatch was a letter from the Nevada County Environmental Health Department cited FDA regulations as the reasoning behind an “important update for all retail food operations in Nevada County Regarding the sale of CBD items.”

“It is unlawful under the FD&C Act to introduce food contained added CBD or THC into interstate commerce, or to market CBD or THC products as, or in, dietary supplements, regardless of wether the substances are hemp-derived. This is because both CBD and THC are active ingredients in FDA-approved drugs and were the subject of substantial clinical investigations before the were marketed as foods or dietary supplements. Under the FD&C Act, it’s illegal to introduce drug ingredients like these into the food supply, or to market them as dietary supplements. This is a requirement that we apply across the board to food products that contain substances that are active ingredients in any drug.

There are currently only three (3) parts of the hemp plant that are recognized as GRAS (Generally Recognized As Safe) in the United States.

Those three hemp components are:

1. Hulled hemp seed

2. Hemp seed protein

3. Hemp seed oil.”

Briar Patch reached out on Social Media, persuading those who were upset by the removal to reach out to their local Environmental Health Department, which began an open dialogue between BriarPatch and the County. The county followed up, clarifying that certain items such as “CBD balms, salves, and cremes” were, in fact, allowed to be sold.

Through getting in touch Rebecca, the Marketing Manager for the Coop, I was able to to speak with Chris, the GM (General Manager) and ask him some questions regarding the current issue at hand.

1.Did Nevada County’s crack down on this bill come as a surprise to you?

“Yes, we were completely surprised by this. CBD products are very popular in our Wellness department, and many shoppers don’t think twice about them as anything but mainstream healthcare items.”


2.How has this affected your business, if it has? 

“We are losing thousands of dollars a week in sales, but more importantly, shopper feedback has been negative. Our owners and shoppers are unhappy that they can’t get the products that they rely on at the Co-op anymore. They’re disappointed about that.”


3.How do you, a representative of BriarPatch, feel about the removal of CBD products for purchase in this county? 

“We understand that the Environmental Health Department feels it needs to do its job. It’s this very sudden enforcement of the ban of certain CBD products that feels almost like a political response rather than a health-safety response. Nevada County is one of the few California counties actually enforcing the ban. Our hope is that all this will eventually shake out in CBD’s favor.”


4.Is your entity (BriarPatch) actively working towards the return of CBD products? 

“Yes. We’ve begun an active, public dialogue between the Nevada County Environmental Health Department and BriarPatch shoppers on social media, as well as internal conversations with the health department and our department managers.”


5.What can the community do to help? 

“Stay informed about the current situation and continue to let your health department officials know your stance as a consumer of these products that you’d like to see them back on the shelves.”

You can contact the Environmental Health Department of Nevada County at 530-265-1222 for questions, praise, or complaints regarding the CBD FDA regulations.

All photos courtesy and property of BriarPatch Coop