FDA Regulation of CBD: Bipartisan Measures Introduced in the House

LOS ANGELES– In response to the U.S. Food and Drug Administration’s (FDA) call for congressional regulation of cannabidiol (CBD), two bipartisan measures have been reintroduced in the House of Representatives by U.S. Reps. Morgan Griffith (R-Va.) and Angie Craig (D-Minn.). These measures aim to establish clear regulatory frameworks for CBD, utilizing existing guidelines.

The first measure, known as the Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2023 (House Resolution 841), seeks to subject hemp extract products to the existing regulatory framework for dietary supplements. Under this proposal, CBD products derived from hemp would be held to the same standards and oversight as other dietary supplements.

The second measure, the CBD Product Safety and Standardization Act of 2023 (H.R. 6134), would focus on establishing regulations specifically for CBD as a food and beverage additive. This legislation aims to ensure that CBD-infused products meet safety standards and adhere to proper labeling and quality control practices.

The U.S. Hemp Roundtable (USHR), in a press release, highlighted the importance of these reintroduced bills. According to Jonathan Miller, USHR general counsel, the FDA’s lack of action in regulating CBD has had adverse effects on hemp cultivators and has led to the proliferation of unregulated products in the market. Miller expressed optimism about collaborating with Reps. Griffith, Craig, and other co-sponsors to address these issues through legislative means.

Industry associations have voiced their support for the reintroduction of these measures. Aaron Smith, CEO of the National Cannabis Industry Association, commended the sponsors for their efforts and urged Congress to swiftly pass the bills. Smith emphasized that establishing a sensible regulatory framework for CBD would not only protect public safety but also provide clarity to small businesses involved in producing health and wellness products.

Justin Swanson, President of the Midwest Hemp Council, echoed the sentiment, stating that a clear path to market for all hemp-derived cannabinoid products is crucial. Swanson emphasized the benefits of utilizing the established dietary supplement route, which balances critical consumer protections with innovation in the rapidly expanding hemp marketplace.

Dave Crabill, President of iHemp Michigan, highlighted the need for fair and transparent regulation of CBD and other non-intoxicating hemp products. Crabill emphasized that such regulation would contribute to the industry’s progress and serve the best interests of both individuals and the environment.

With the reintroduction of these bipartisan measures, the CBD industry is hopeful that Congress will take decisive action to address the regulatory challenges faced by CBD manufacturers, safeguard consumer interests, and promote responsible growth within the market.

As these bills move through the legislative process, stakeholders will be closely watching to see if Congress seizes the opportunity to provide much-needed clarity and guidance for CBD regulation.