The introduction of two pieces of legislation in the U.S. House of Representatives comes as a response to the U.S. Food and Drug Administration's (FDA) announcement in January 2023 that it does not find it appropriate to regulate CBD as a food or supplement. The FDA cited concerns over potential human health risks associated with CBD and called for the creation of a new regulatory pathway for the substance.[0] This decision has left the regulation of CBD up to Congress.[1]
The first bill, the “Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2023,” was originally introduced in September 2020 and aims to make hemp, CBD from hemp, and other hemp-derived products lawful for use in dietary supplements unless otherwise directed by the FDA.[2] The second bill, the CBD Product Safety and Standardization Act, seeks to create a framework for the regulation of CBD and other hemp derivatives as dietary supplements.[2]
These bills have bipartisan support, with Congressman Morgan Griffith (R-VA) and Congresswoman Angie Craig (D-MN) reintroducing them.[3] The American Herbal Products Association (AHPA) has expressed support for the legislation, stating that it would provide the FDA with the statutory authority it needs to regulate CBD products as dietary supplements. The AHPA also emphasizes the importance of ensuring that consumers have access to CBD dietary supplements that are subject to FDA regulation.[4]
The 2018 Farm Bill legalized CBD and other hemp-derived cannabinoids as long as they contain no more than 0.3% THC by dry weight.[5] However, the bill did not establish clear rules for the use of hemp in food and drinks, leaving these products unregulated.[6] The new legislation aims to create a distinction between “industrial” hemp grown for fiber and hemp cultivated to extract cannabinoids like CBD.[5]
The bills have garnered support from various industry trade groups, including the U.S. Hemp Roundtable, the American Herbal Products Association, the Council for Responsible Nutrition, the National Cannabis Industry Association, the Indigenous Cannabis Industry Association, Spartan Sword, the Association of Western Hemp Professionals, and the Alliance for Natural Health USA.[7] These groups emphasize the need for regulatory clarity and consumer safety in the CBD industry.
The introduction of these bills comes at a crucial time, as lawmakers on the U.S. House and Senate agriculture committees are drafting the next Farm Bill, which will shape agricultural programs for the next five years.[8] The bills could provide the necessary push to create a legal pathway for CBD within the Farm Bill.[4]
In conclusion, the introduction of these two pieces of legislation in the U.S. House of Representatives reflects the need for regulatory clarity and consumer safety in the CBD industry. With the FDA deferring regulation to Congress, the bills aim to provide the necessary authority for the FDA to regulate CBD as a dietary supplement. The support from industry trade groups highlights the importance of addressing the current lack of regulation in the CBD market. As discussions on the next Farm Bill take place, these bills could play a crucial role in shaping the future of CBD regulation in the United States.
0. “Legislation Introduced to U.S. House Would Require FDA to Regulate CBD in Food, Supplements” Food Safety Magazine, 21 Mar. 2023, https://www.food-safety.com/articles/8439-legislation-introduced-to-us-house-would-require-fda-to-regulate-cbd-in-food-supplements
1. “FDA Regulation of CBD is TBD | Lippes Mathias LLP – JDSupra” JD Supra, 21 Mar. 2023, https://www.jdsupra.com/legalnews/fda-regulation-of-cbd-is-tbd-4775985/
2. “CBD M.I.A.” East Bay Express, 22 Mar. 2023, https://eastbayexpress.com/cbd-m-i-a
3. “Representatives Griffith and Craig reintroduce legislation that would create regulatory pathway for hemp-derived CBD” Nutritional Outlook, 20 Mar. 2023, https://www.nutritionaloutlook.com/view/representatives-griffith-and-craig-reintroduce-legislation-that-would-create-regulatory-pathway-for-hemp-derived-cbd
4. “Bipartisan house bills reintroduced to regulate CBD in food, dietary supplements CBD and Hemp” NutraIngredients-usa.com, 20 Mar. 2023, https://www.nutraingredients-usa.com/Article/2023/03/20/Bipartisan-house-bills-reintroduced-to-regulate-CBD-in-food-dietary-supplements
5. “Bipartisan Senators File Bill To Ease Restrictions On Industrial Hemp Farmers” Marijuana Moment, 24 Mar. 2023, https://www.marijuanamoment.net/bipartisan-senators-file-bill-to-ease-restrictions-on-industrial-hemp-farmers/
6. “Hazy CBD food and drink rules confronted by federal lawmakers | GreenState” GreenState, 21 Mar. 2023, https://www.greenstate.com/news/hazy-cbd-food-and-drink-rules/
7. “Pathway for CBD Regulation Proposed” NRVN News, 20 Mar. 2023, https://nrvnews.com/pathway-for-cbd-regulation-proposed/
8. “How the 2023 farm bill could change the game for THC products” The Hill, 21 Mar. 2023, https://thehill.com/policy/future-of-farming/3903815-how-the-farm-bill-could-curb-the-chaos-around-hemp-products/
