The
beauty industry is mad for CBD — but when it comes to the controversial
ingredient, there are still more questions than answers.
Somewhere between the 1936 propaganda film Reefer Madness
stoking the fears of pearl-clutching parents all over America and the
U.S. Drug Enforcement Administration (DEA)’s categorization of marijuana
as a Schedule I drug in 1970,
an inconspicuous plant with psychoactive effects became an enemy of the
state. Fast forward to 2019, and the conversation has taken a different
turn — and cannabis has come to a mass beauty retailer near you.
Of course, the kind of cannabis once condemned as “the devil’s harvest”
is not the same kind listed as an ingredient on the back of your body
cream. That’s still illegal at the federal level. What you’re seeing
everywhere, from Sephora to the drugstore, isn’t marijuana — it’s hemp,
or rather a hemp-derived compound called cannabidiol, or CBD.
Unlike its more controversial sibling, THC (tetrahydrocannabinol), CBD is a non-psychoactive molecule of the cannabis sativa plant.
The component was first extracted from the plant in 1940, but didn’t
hit its mainstream stride until last year, when it started popping up on
the labels of bath bombs, lotions, serums, acne treatments, and even
sunscreens. That would have been illegal five years ago — but, in
January, the 2018 Farm Bill officially went into law, effectively changing the way the U.S. market treats CBD.
The
Farm Bill, also known as the Agricultural Improvement Act of 2018,
authorized other policies and provisions, like funding programs that
address the rising levels of mental-health concerns in farm country and
improving crop insurance programs, but its most newsworthy
accomplishment was the federal legalization of industrial hemp. For some
brands, that meant proper funding for clinical research; for others, it
was a green light for launch, or for evolving away from a strict
straight-to-consumer model. For all of them, it meant that the topical CBD industry could at long last be taken seriously.
The
Farm Bill states that hemp is legal, but it doesn’t explicitly mention
anything about the regulation of its most popular phytocompound, leaving
consumers, especially in the beauty industry, vulnerable to misleading
labels and a variety of unsubstantiated claims. With more and more
CBD-specific products and brands emerging, it’s easy to be overwhelmed
by the nuances and options on shelves.
If you’re not sure where to begin
or the right questions to ask, here’s your journey to the starting
line.
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Is CBD legal?
Well, that depends. The legality of CBD itself is in a bit of a gray area because it’s reliant on which individual cannabis sativa plant it comes from. If it’s hemp-derived
— which means it comes from a strain that’s high in CBD with 0.3% THC
or less — it’s legal. Cannabinoids derived from marijuana, on the other
hand, are classified as Schedule 1 drugs,
which means they have no medical use and a high potential for abuse.
Other Schedule 1 drugs include heroin, LSD, and ecstasy. (In some
cannabis communities, the word marijuana is being phased out due to its pejorative and racist history,
but is still widely used when referring to the legality of the plant.)
As it stands, the DEA has no official stance on CBD as a controlled substance.
What’s the difference between hemp and marijuana?
Marijuana
and hemp are of the same classification of cannabis, but produce
different amounts of THC, the phytocompound with psychoactive side
effects. Hemp is naturally low in THC — only 0.3% or less — and
marijuana is naturally high. It’s the presence of THC, or lack thereof,
that determines the legality of each plant.
What are the benefits of CBD skin care?
Even
after the 2018 Farm Bill, it’s still difficult to study CBD, so there
isn’t a definitive answer to how the molecule works, besides that it has
purported anti-inflammatory properties. “Unfortunately, the research
has been stymied because it's been caught up in the war on cannabis,”
explains Peter Grinspoon, MD, a primary care physician and board member for the advocacy group Doctors For Cannabis Regulation.
With that said, a few studies do exist. Research and anecdotal evidence has indicated that consumers use topical CBD for muscle soreness, acne, eczema, and psoriasis; some people even use it to relieve sunburns. One of the most recent studies, conducted in 2014 by the National Center for Biotechnology Information, shows evidence that CBD may regulate the skin’s oil production, thus effectively controlling potential breakouts. Dermatologist Joshua Zeichner, MD, says that the only readily available drugs with similar abilities are oral isotretinoin (a.k.a. Accutane), hormonal treatments (birth control pills), and spironolactone.
Anecdotally,
people have claimed to see a difference in their eczema and psoriasis
flare-ups when they use a CBD-infused product vs. one that’s without.
However, most of the studies out there aren’t conducted on humans and
what works in the lab on a rat won’t always work on a human in real
life, Dr. Grinspoon explains.
“
Research has been stymied because it's been caught up in the war on cannabis.
Peter Grinspoon, MD
”
As
exciting as the CBD beauty trend is, it isn’t without its
“weed-washing” red flags. One of the most notable is the misconception
that hemp seed oil and CBD yield the same results. Both may be
beneficial for certain skin concerns, but aren’t one in the same. “There
is not enough CBD in the seeds of cannabis,” explains Kate Miller,
cofounder of Miss Grass.
“Anything that says ‘cannabis sativa seed’ or ‘hemp seed oil’ probably
means it’s more similar to a rosehip oil.” Like rosehip, hemp seed oil’s
hero purpose is to moisturize and condition — not offer
anti-inflammatory relief.
Lord Jones
cofounder Cindy Capobianco urges consumers to read ingredient lists
carefully. “If you’re looking for CBD, read the labels,” she says. “Do
not rely on the name of the product or images on the product.” In many
cases, those images will be a cannabis reference, even if the formula
housed inside contains little to no cannabinoids.
Is CBD regulated by the FDA?
The
FDA has nothing to say about the legality of CBD — which has yet to be
evaluated by the agency — but it has cracked down on the claims CBD brands
are able to make about the effects and benefits of cannabidiol,
particularly those that imply it is medicinal or a drug. For example, on
July 23, the FDA issued a warning to the CBD brand Curaleaf for selling unapproved products containing CBD with “unsubstantiated claims”
that the products could treat certain conditions and diseases, like
cancer and Alzheimer’s disease, as well as pain and anxiety.
“If
a product is intended to affect the structure or function of the body,
or to diagnose, cure, mitigate, treat or prevent disease, it is a drug,
or possibly both a cosmetic and a drug, even if it affects the
appearance,” wrote the FDA in a statement. “In this circumstance, the
product is subject to both drug and cosmetic regulatory requirements,
which are different.”
While
egregious claims are subject to FDA judgement, brands and consumers
alike are looking for something more: standardized rules. According to
Miss Grass co-founder Anna Duckworth, the hope is that regulatory bodies
step in to make it difficult for exploitative brands to saturate the
market.
“It’s hard to even point the finger some of the time or give
people the glossary of terms to live by because so many brands aren't
just knowingly misleading consumers,” she says. “That is the problem
we’re trying to solve, a lack of info in a confused space.”
One regulatory body that’s stepped up to the plate: the U.S. Hemp Authority, a certification program founded by the U.S. Hemp Roundtable.
Its initiative is to set higher standards for hemp products, instill
confidence in consumers, and guarantee that the pricey products you’re
purchasing aren’t just legal, but safe. The certification process for
each company is conducted by a third-party certifying agency, which will
audit everything from growing, processing, manufacturing, packaging,
and labeling. Right now, the U.S. Hemp Authority has awarded only 20
growers, manufacturers, and brand owners with the certified seal,
including Charlotte’s Web and Medterra CBD.
What’s the difference between broad-spectrum CBD and full-spectrum CBD?
The biggest difference is that broad-spectrum does not
contain THC, whereas full-spectrum does — that's the reason many CBD
beauty products (outside of states where cannabis is legal) are
broad-spectrum. But without labeling regulation, some brands claim that
their formulas are full-spectrum even if they don’t contain THC. For the
most part, the implication is the same: The formula doesn’t include
just CBD, as some products do, but a combination of hundreds of other cannabinoids, terpenes, proteins, and fatty acids.
The
jury is still out on whether CBD is more effective when extracted and
isolated in its purest form or used in a broad- or full-spectrum
composition, but both formula options exist on the market.
Where can you buy CBD beauty products?
The market for CBD sales is projected to surpass $20 billion by 2024 in the U.S., and statistics suggest that a healthy portion of that money will likely come from topicals.
Naturally, the growing interest has inspired mass retailers to get in
on it, offering an in-store and online assortment of CBD products.
“
If you’re looking for CBD, read the labels. Do not rely on the name of the product or the images.
Cindy Capobianco, co-founder of Lord Jones
”
In January 2019, Sephora started carrying its first CBD-formulated body lotion
from Lord Jones, albeit only online (the brand wouldn’t be sold in
stores until July). Now, the retailer carries five other CBD products
from popular brands like Josie Maran, Herbivore, and Farmacy online, as
well as newcomer Saint Jane. In March, America’s largest drugstore
retailer CVS began selling CBD products in eight states: Alabama, California, Colorado, Illinois, Indiana, Kentucky, Maryland, and Tennessee. Walgreens
also announced in March 2019 that it would carry cannabis beauty
products to nearly 1,500 stores in select states, although an exact
roll-out date has yet to be confirmed.
The jury is still out on whether or not other major retailers, like Walmart and Target,
will join the pack, but that doesn’t mean there isn’t room for growth
in the future. “Like many companies, we know there is consumer interest
in CBD products and the conversation is evolving quickly,” a Target
spokesperson told Refinery29. “We’re following the discussion, and we’ll
continue to monitor as this conversation evolves to determine the right
approach for Target and our guests.”
Just two years ago — before the most recent Farm Bill was ratified — Target briefly sold products from the CBD brand CW Hemp, now known as Charlotte’s Web, but the products were pulled from shelves shortly thereafter. The retailer has never confirmed why it stopped stocking the brand, and declined to comment for this story.
If
you can’t find CBD topicals in a store near you, there’s always the
internet. There are even e-commerce sites dedicated to vetting the best
and highest quality products on the market right now, like Miss Grass
and Eaze Wellness.
The latter is essentially an Amazon for cannabis — selling everything
from capsules to tincture drops to topicals — that offers two separate
websites: one for marijuana (in the states that it’s legal) and one for
CBD products.
Miss
Grass is also an online retailer for all things cannabis, only selling
products that have passed the team’s extensive vetting process, with the
helpful addition of an online magazine. (It doesn’t hurt that the
products sold on the site are some of the chicest-looking ones in the
business, either.) After the product passes internal and third-party
tests, Duckworth and Miller meet with the brand founders to confirm that
they’re socially responsible and conduct business ethically. By doing
so, they’re actively dismantling the social issues that plague the
market — namely, the politically loaded and racist history of the
cannabis industry.
How can we fix the inclusivity problem in the CBD industry?
The
cannabis market will undoubtedly continue to evolve, but it’s up to
consumers exactly how far, and in which direction. Miller and Duckworth
agree that as important as it is for consumers to do their due diligence
and inquire about a brand’s sourcing and a product’s ingredients, it’s
even more crucial for the industry to acknowledge and challenge the
social equity of the space.
On a macro level, cannabis’ history is a complicated one, glued together by flagrant racism stemming from the “war on drugs” declared in 1971 by the Nixon administration.
As new as the CBD market is, systemic privilege and prejudice still
apply. Mass retailers may be comfortable selling CBD, but someone
standing a few feet away could be arrested for having less than an ounce
of marijuana.
(And that person is very likely to be a minority.) Even
with the federal legalization of industrialized hemp, states struggle to
solve marijuana possession laws that are enforced with racial bias that targets and criminalizes Black and Latinx communities.
Cannabis is a social justice issue, says Mary Pryor, co-founder of Cannaclusive,
a collective focused on diversifying the cannabis market from all
angles, including. The gaps in the existing market, she explains,
include a lack of education, capital, knowledge on how to launch
businesses on the ancillary side, and full awareness of how municipal,
state, and federal regulations will impact growth opportunities in
cannabis for women of color.
“
Cannabis is a social justice issue.
Mary Pryor, co-founder of Cannaclusive
”
“Overall,
this industry is built off of the legacies of a market that is targeted
and heavily policed due to the war on drugs,” Pryor says. “We need to
be clear on this during times like these and make changes while this
space is still young and coming into the forefront of a political
conversation.”
How do we do this? Pryor suggests we start by employing,
consulting, and listening to people of color about product development,
while producing diverse photo shoots on all fronts, including the staff
and models.
Pryor
says that not only do consumers have to hold brands responsible, but
the brands themselves must be conscious about the painful narrative that
has brought cannabis to where it is today.
“Brands should consider
their place in being mindful of the racist history that drives disparity
within Black and brown communities,” Pryor says. “I also think it's
important to not support any brand or personality that ignores
this. Consumers have more power than they think. We need to be vocal and
firm with our dollars.”
Pryor
adds that social equity also extends to protecting small businesses,
which includes fair and negotiable pricing — something Tonic CBD, which
Pryor is the Chief Marketing Officer of, focuses on as a trusted
cultivator and small-batch CBD topical brand in upstate New York.
“Sourcing can be expensive, and finding quality product is a big issue
in the hemp world,” she explains.
“Small businesses require care and
consideration when it comes to starting out. It’s helpful to support
farmers in cannabis and hemp who are willing to work with others when it
comes to fair and equitable pricing.”
We
may not have been asking the right questions in 1936, but we’re too
smart to buy into the propaganda now. Ask questions, hold the brands you
love accountable, and put in the work.
The history of cannabis is
complicated, but CBD’s future in the beauty industry looks bright — and,
with the right products, so will your skin.
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