Washoe County health officials has put 1.5 tons of chocolate containing cannabidiol or CBD on hold until a decision is made about whether it can be distributed.
Dorinda’s Chocolates, which makes artisanal truffles, was caught up in a county-wide crackdown on food products containing CBD, which is one of the non-psychoactive compounds found in cannabis and hemp.
People claim that it helps with a myriad of issues from joint pain to anxiety but there is only one CBD product approved by the FDA and that is to treat certain seizures in children.
Despite that, it’s become a popular additive to candy, coffee, vape pens and other products, but CBD is not listed by the FDA as a safe additive for food.
Washoe County officials say they’re simply following those federal guidelines, but business owners banking on the trend say enforcement has been inconsistent and is costing them big.
Dorinda Vance is owner of Dorinda’s Chocolates. Her company makes the products for a company called LiveKaya and she estimated its retail value was more than $300,000.
Vance said the chocolate was in the warehouse ready to be distributed but they were given a cease and desist order by the health district, which meant they couldn't ship the product.
"The product is legal in all 50 states... and after the Agriculture Department said I didn't need a handling license because I'm already buying the product finished, I didn't contact Washoe County saying I was doing CBD. I mean I've been making chocolate for over 10 years, I don't contact them every time I make a different truffle."
Vance appealed the decision and the Food Safety Hearing Advisory Board looked at the complaint. The board decided not to have the product destroyed but instead is waiting for a final decision on it by the chief health officer.
"It is kind of baffling, to be honest, especially since I've been in business for 10 years here," she said, "There is a lot of money to be able to go back to the county and the state with this."
What is even more troubling is Vance was told she could sell her products in a cannabis dispensary but not a regular store.
Amber English is Senior Environmental Health Specialist for the Washoe County Health District. She explained that dispensaries can sell food infused with CBD because those businesses are regulated by the Department of Taxation.
"They have their own set of regulations and criteria for testing and regulating those products," she said, "CBD products are allowed to be sold in food there because they are under their regulations and they have to adhere to their testing and their regulatory requirements."
She said until the state comes up with different requirements they will have to follow federal guidelines and those guidelines say that CBD is not meant for human consumption.
English also pushed back on the word "crackdown." She said the health district wasn't cracking down but instead followed up on complaints about places selling CBD-infused food products.
"It is our obligation. Our main goal is to protect the health and safety of Washoe County citizens and visitors," she said, "When we receive a complaint, we do need to respond to those."
She said one call about a business, led to another call, which might have created more of "a domino effect." She said Dorinda's Chocolates is the only company that appealed the cease and desist order.
For now, the health district is trying to avoid what happened with Dorinda's Chocolates. It has started a campaign to inform all licensed food establishments about the rules governing CBD and it is pushing out information about the rules on its website and social media channels.
Dorinda Vance, owner, Dorinda’s Chocolates; Amber English, Senior Environmental Health Specialist, Washoe County Health District.