In the United States, cannabis-infused skincare is primarily regulated under the Food, Drug, and Cosmetic Act (FD&C Act) and the Modernization of Cosmetics Regulation Act (MoCRA). These laws collectively establish the framework that determines how products are produced, labeled, marketed, and sold.

At the federal level, the Food and Drug Administration (FDA) oversees cosmetics, including those formulated with cannabis-derived ingredients. Under MoCRA, cosmetic manufacturing facilities must register with the FDA, provide detailed product listings, maintain safety documentation, and report any serious adverse events within a specified timeframe. The FDA is also working toward formal Good Manufacturing Practice (GMP) requirements, meaning producers are expected to maintain strict quality control and ingredient traceability.

Cannabis-infused skincare falls under these same standards. The term “cannabis” does not change FDA jurisdiction; products may be legally sold as long as they are not adulterated, misbranded, or marketed with unauthorized medical claims. Following the 2018 Farm Bill, hemp and hemp-derived ingredients containing less than 0.3% THC were removed from the Controlled Substances Act, allowing their use in cosmetics. However, compliance with FDA safety and labeling rules remains mandatory.

The FDA distinguishes between cosmetic and drug claims. If a CBD cream claims to “treat acne” or “reduce inflammation,” it crosses into the territory of an unapproved drug. In contrast, statements like “moisturizes skin,” “calms the appearance of redness,” or “promotes healthy-looking skin” fall within the acceptable scope of cosmetic claims. Manufacturers must back their claims with evidence that products are safe for consumer use.

Beyond the FDA, the Federal Trade Commission (FTC) monitors advertising and promotional content. Any health-related statements must be supported by reliable scientific evidence. The FTC has already taken enforcement action against companies making unsubstantiated or misleading claims about CBD or hemp-derived products.

State laws add another important layer of regulation. Many states allow hemp-derived cannabinoids in topicals but impose specific testing and labeling requirements. For example, some states require independent laboratory analysis, Certificates of Analysis (COAs), and QR codes linking to ingredient and contaminant reports. Manufacturers distributing nationwide must ensure compliance with varying state rules on testing standards, labeling, and permissible cannabinoid concentrations.

There is also growing attention on intoxicating hemp derivatives, such as delta-8 THC. Several states have restricted or banned these compounds, and pending federal legislation could further redefine what qualifies as legal hemp. Even for non-intoxicating skincare, these regulatory shifts can influence ingredient sourcing and distribution.

For manufacturers, compliance involves several critical steps:

1. Adhering to cosmetic GMPs and FDA registration requirements.
2. Maintaining thorough safety documentation and testing results.
3. Ensuring hemp ingredients meet federal THC limits.
4. Complying with state-specific testing and labeling standards.
5. Keeping marketing strictly within the cosmetic category.

For consumers, transparency is key. Reputable products clearly list all ingredients, include COAs for cannabinoid content, and avoid medical claims. Understanding these regulations helps buyers make informed, safe choices when selecting cannabis skincare products.