Yes—marijuana and hemp-derived scalp care products are regulated in the United States, but the oversight varies depending on the ingredients and the claims made. In most cases, these products are treated as cosmetics rather than drugs, unless they make therapeutic or medical claims.

Under the Federal Food, Drug, and Cosmetic Act, cosmetic ingredients—including cannabis-derived components like hemp extract or cannabidiol (CBD)—are not subject to premarket approval by the U.S. Food and Drug Administration (FDA). The exception lies in color additives, which must meet specific FDA criteria. Manufacturers of scalp serums, shampoos, and treatments containing cannabis extracts must ensure that products are safe for consumer use, properly labeled, and free from contamination or false claims. Any product that claims to treat, cure, or prevent disease crosses into “drug” classification, which requires FDA approval before marketing.

Oversight has become more structured under the Modernization of Cosmetics Regulation Act (MoCRA), implemented in 2022. MoCRA introduced nationwide requirements such as facility registration, product listing, safety documentation, and reporting of adverse events. Companies selling marijuana or hemp-based scalp care must now have a responsible person listed on the product label and maintain safety substantiation files. Serious reactions or contamination issues must be reported to the FDA, making the beauty industry more accountable and transparent.

The 2018 Farm Bill also plays a key role in defining what is legally permissible. It removed hemp—defined as cannabis with less than 0.3% delta-9 THC—from the Controlled Substances Act. This means hemp-derived ingredients like CBD can be used in cosmetics, provided they comply with other applicable laws. However, this exemption does not apply to products containing higher THC concentrations, which are still governed by stricter federal regulations.

The Federal Trade Commission (FTC) has also taken enforcement action against companies making unsubstantiated health claims about CBD products. Brands that advertise marijuana or hemp scalp treatments as medical remedies for conditions like psoriasis, dandruff, or eczema without scientific proof risk penalties. These regulations emphasize that cannabis-based scalp care must be marketed as a cosmetic—not as a medical solution.

On a state level, rules vary widely. California’s AB 45 allows hemp-derived cannabinoids in cosmetics, provided they undergo testing and comply with labeling requirements. New York’s Cannabinoid Hemp Program goes further by mandating processor licensing, laboratory testing, and detailed labeling that includes tamper-evident packaging and batch information. Such state laws create additional safeguards and transparency for consumers.

The FDA continues to evaluate cannabis ingredients in consumer products, signaling that future updates to national regulations are likely. For now, marijuana scalp care remains regulated under the cosmetic framework reinforced by MoCRA and individual state programs.

Consumers are advised to:

• Look for clear and complete product labels, including contact details and lot numbers.
• Verify the availability of recent Certificates of Analysis (COAs) for quality assurance.
• Be cautious of exaggerated medical or therapeutic claims.
• Check local state regulations for product legality and testing standards.