The classification of marijuana-infused sun protection products often depends on one critical factor — what the product claims to do. In the United States, the Food and Drug Administration (FDA) determines whether a product is considered a drug or a cosmetic based on its intended use and the claims presented on its packaging and marketing materials.

SPF Makes It a Drug

When a marijuana or hemp-based product includes sun protection factor (SPF) on its label, it is automatically classified as an over-the-counter (OTC) drug. This is because SPF products claim to prevent sunburn and UV damage — medical functions regulated by the FDA. Sunscreens, including those with cannabis derivatives, must comply with specific OTC regulations that outline testing, labeling, and permitted active ingredients such as zinc oxide and avobenzone.

In these cases, the cannabis components (THC, CBD, or hemp seed oil) serve as inactive ingredients, meant to enhance hydration, soothe the skin, or provide antioxidant benefits — but not as UV filters. No cannabis compound has yet been approved as an active sunscreen ingredient.

Cannabis Ingredients as Cosmetics

Products that feature cannabis or hemp derivatives without any SPF labeling or health-related claims are generally classified as cosmetics. These include lotions, balms, and oils that aim to improve appearance, texture, or fragrance rather than treat or prevent a medical condition.

In this category, manufacturers have more flexibility — provided they do not suggest the product treats disease or alters body function. However, they are still responsible for ensuring safety and accurate labeling.

The Power of Marketing Claims

The distinction between a medical product and a cosmetic often hinges on marketing language. If a marijuana-infused lotion claims to “heal damaged skin,” “treat inflammation,” or “protect against sun damage,” it may cross into drug classification territory. The FDA and Federal Trade Commission (FTC) have both warned companies about making unverified medical or therapeutic claims for CBD or cannabis-infused skincare items.

THC vs. CBD Considerations

From a legal perspective, products that include THC remain under strict federal control. While hemp-derived CBD (containing less than 0.3% THC) is permitted in cosmetics in many states, THC-infused products face greater scrutiny. Brands must ensure compliance not just with federal law but with state-level regulations, which can vary widely.

For example, California allows hemp-derived cannabinoids in cosmetics under specific manufacturing standards. However, if the same product includes SPF, it still falls under the FDA’s OTC drug regulations — even in California.

What This Means for Consumers

For shoppers, the easiest way to tell the difference is by reading the label:

• If a marijuana sun protection product lists SPF and includes a “Drug Facts” panel, it is an OTC drug.
• If it lacks SPF and only promotes hydration or glow, it’s a cosmetic.
• Consumers should also be wary of products making medical claims without FDA approval.

As marijuana continues to move into mainstream skincare, brands will likely face growing regulatory scrutiny. For now, whether a product is medical or cosmetic depends less on the plant itself — and more on what the label promises.