The growing popularity of marijuana-infused skincare has expanded into sun protection products, with brands blending cannabinoids such as CBD or THC into lotions, sprays, and balms boasting SPF benefits. However, despite their trendy appeal, these products exist under a complex regulatory landscape that combines federal, state, and consumer protection standards. Understanding these rules is essential for both brands and consumers to ensure safety, compliance, and transparency.
FDA Oversight for SPF Products
Any product that claims to provide sun protection—such as an SPF lotion or sunscreen—is automatically classified as an over-the-counter (OTC) drug under U.S. Food and Drug Administration (FDA) regulations. The FDA mandates that SPF formulations meet specific testing standards to verify their UV protection, ingredient safety, and stability. The label must include standardized “Drug Facts,” detailing SPF strength, application directions, and active ingredients.
While cannabinoids can appear in these formulations as inactive ingredients, they cannot replace or serve as UV filters since they are not approved for that function under federal regulations.
Hemp vs. Marijuana in Regulation
The 2018 Farm Bill legalized hemp-derived ingredients containing less than 0.3% THC, but this did not change the FDA’s authority over cosmetics or drugs. Any topical containing CBD or hemp extract must still comply with FDA cosmetic and drug regulations. Marijuana-derived ingredients containing more than 0.3% THC remain federally illegal, making such products subject to state cannabis laws rather than federal oversight.
State Cannabis Rules and Packaging
For marijuana-derived sunscreens sold in licensed dispensaries, state regulations come into play. These typically require tamper-evident and child-resistant packaging, universal cannabis symbols, and clear potency labeling for THC or CBD content. In addition, products must include batch numbers and production details for traceability and consumer safety. States like California, Colorado, and Nevada all enforce strict labeling and testing guidelines for cannabis topicals, including those with SPF claims.
Proposition 65 and Warning Labels
In California, additional consumer protection laws apply. Under Proposition 65, products containing THC must display a reproductive harm warning if exposure exceeds established safety thresholds. For marijuana sun protection products, this means that a Prop 65 label is often mandatory even when the product is topically applied rather than inhaled or ingested.
Marketing and Advertising Regulations
The Federal Trade Commission (FTC) oversees advertising claims. Companies marketing marijuana or CBD-infused SPF products must ensure all claims—such as “protects against UV damage” or “heals sunburn”—are truthful, scientifically substantiated, and not misleading. Unsupported therapeutic or medical claims can lead to enforcement actions and product recalls.
Local Ingredient Restrictions
Certain states and territories, such as Hawaii and Key West, prohibit the use of specific chemical sunscreen agents like oxybenzone and octinoxate due to coral reef safety concerns. Marijuana-infused sunscreens sold in these regions must comply with those additional restrictions.
Consumer Takeaway
Consumers should look for products that display proper SPF labeling, provide batch testing results, and comply with both federal and state packaging requirements. When in doubt, shoppers can verify whether the product was tested by an independent laboratory and avoid brands making unverified health or healing claims.